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Landlord and Tenant Law: Eviction

On Behalf of | Aug 1, 2016 | Landlord/Tenant Law

The Maryland Landlord and tenant law attorneys at Snee, Lutche, Helmlinger & Spielberger. P.A., provide an overview of a Maryland landlord’s eviction rights.

In Maryland, an eviction is legal only if a landlord obtains a court order against the tenant and a sheriff is present when the tenant is served with that judgement. According to Maryland law, it is illegal for a landlord to change the locks on the property or remove a tenant’s belongings from a property in attempt to evict them. There are specific procedures that landlords must observe when terminating a tenancy or evicting a resident. It is important, therefore, that landlords understand the requirements and regulations, so that they may avoid possible legal repercussions.

In order to begin the eviction process, a landlord must first legally terminate a tenancy. To do so, the landlord is required to administer a written notice of termination to the tenant. In Maryland, unless the lease specifies otherwise, landlords must provide tenants with a “notice to vacate” no less than one month prior to when a lease expires if they wish the tenant to vacate upon lease expiration. If a tenant does not move out of the property, the landlord may file a Complaint Against Tenant Holding Over in the District Court of Maryland in order to have the tenant evicted.

If a landlord wishes to terminate a tenancy due to infractions, they must also issue a “notice to vacate” detailing these infractions. If the tenant does not make reparations for the infractions that caused the landlord to issue a notice of termination, the landlord may then file a district court action.  There are specific reasons that a landlord may cite as cause for eviction, including non-payment of rent and breach of the lease terms.  A landlord must be accompanied by a sheriff to perfect a court ordered eviction.

For more information about your rights as a landlord in the eviction process, or for more information about Maryland eviction laws and procedures, contact the landlord and tenant law attorneys at Snee, Lutche and Helmlinger, P.A.