Landlord and tenant disputes can sometimes be settled quickly and easily, and other times, they require litigation to reach a resolution. This area of law can be very nuanced and difficult to navigate. Different rules and regulations may apply depending on what the circumstances surrounding an eviction are. Retaining a skilled Maryland landlord/tenant attorney is essential to resolving your dispute and ensuring that you are compensated for any damages you are owed. The Baltimore real estate attorneys at the Heyman Law Firm pride themselves in aggressively protecting their clients’ rights in an efficient and professional manner.
When is it Legal for a Landlord to Evict a Tenant?
The applicable Maryland statute describes three circumstances that warrant a cause of action for eviction. Some of these include:
- Failure to pay rent
- Refusal to evacuate the premises after the lease has ended
- Breach of the lease agreement
A landlord is not required to send notice to a tenant before filing a Complaint for Failure to Pay Rent unless it is required by the lease. Landlords filing under this cause of action must provide proof of a rental license as well as evidence that the rent was not paid. Refusal to vacate, also called a holdover, can occur in one of two ways. The first is when a lease ends and the tenant has been given notice to move but fails to do so. The second is when a tenant has provided a landlord with notice of evacuation at a certain date and fails to move out by that date. A breach of lease occurs when a tenant acts or fails to act in a way that violates the terms of the lease.
What is the Process for Evicting a Tenant?
Before going through the court system, a landlord should make a good faith attempt to reason with a tenant. Self-help methods such as changing the locks or moving property without consent should never occur with a residential lease and is strongly discouraged with respect to commercial leases; however, attempting to peacefully resolve the matter as a last resort is not prohibited. If a landlord decides to evict through the court system, the process is as follows:
- Give notice
- File a complaint
- Attend hearing
- File a Petition for Warrant of Restitution
As stated above, landlords are not required to give notice to tenants who have failed to pay rent. If a tenant has refused to leave the premises or has breached the lease agreement, a 30 day notice of eviction must be served. In situations where a tenant’s breach of the lease agreement is a cause of danger to the tenant, property, or others, the landlord can serve a 14 day eviction notice.
A landlord must file a complaint in the district court where the property is located. The complaint must contain the reason for eviction as well as the amount of money that the tenant owes. After the complaint is filed, the clerk of the court will issue a summons delivered by the sheriff. The summons will provide the tenant with the he or she is being sued for eviction as well as details about the eviction hearing.
What Happens at an Eviction Hearing?
Hearings typically take place on the fifth day that the court is in session after a complaint has been filed. If a tenant does not attend the court hearing and the landlord’s papers are in order, a landlord will win the case by default. At the hearing, parties have the opportunity to present their cases to the judge along with any relevant evidence. If the judge rules in the landlord’s favor, a tenant will be given a set number of days to evacuate the premises:
- 4 days for failure to pay rent
- 10 days for holdover
- 10 days for breach of lease
In cases where a judge rules in favor of a landlord because of failure to pay rent, a tenant who wishes to appeal the ruling has 4 days to file. In cases of holder or breach of lease, a tenant has 10 days to file an appeal.
If a tenant chooses not to appeal or loses the appeal, the next step is for a landlord to request a Warrant of Restitution from the court clerk. A Warrant of Restitution allows a landlord to remove a tenant’s property from the premises in the presence of a sheriff or constable. If a landlord does not file for a Warrant of Restitution within 60 days of the hearing, he or she will have to start the eviction process over again.
Baltimore Real Estate Lawyer
If you are a landlord or tenant and you are filing for eviction or have been served with a notice of eviction, call the Heyman Law Firm. An experienced Maryland real estate attorney will guide you through the eviction process and can help protect your legal rights at a hearing. Call the Heyman Law Firm today at (410) 305-9287 to schedule a confidential consultation with an attorney who will fight for you.