RENT COURT / EVICTION TERMS
Affected Property
Rentals built before 1950. Rooming houses, commercial properties and
properties built after 1950 are exempt from MDE registration
requirements.
Amendment
Any "change" to the original court filing.
Back Rent
Any rent owed to you other than the current month/late charge. This may
include previous month's rent/water bill etc. as allowed by jurisdiction
collectible in rent court.
Case Continued/Postponed
Terms are used interchangeably. A case, for whatever reason, may be
rescheduled to a future day.
Dismissal
A case, for whatever reason, is no longer "alive". A case may be
voluntarily dismissed by the landlord (or us as the landlord's agent) in
case of a full payment prior to the court date. The case may be
dismissed by the judge due to lack of vital information on the notice or
if the case was not served properly to the tenant.
Failure To Pay Rent Complaint (FTP)
Also known as a "Rent Notice". This is the form tint initiates the
process for a landlord to evict a tenant for non-payment of rent. It is
a legal document and must be fully and accurately completed and signed
under penalty of perjury.
Future Rent
The court sometimes allows a landlord to seek rent for the following
month if the court date will fall after the due date of the rent. We do
not allow "future rent" in the normal course of filing. If a landlord
calls and specifically requests future rent, it may be hand written in
to the notice.
Judgment By Consent
The tenant shows up for court and agrees to the amount claimed on the
notice.
Judgment By Default
Tenant does not show up for court
Judgment For Possession.
"Normal" rent court Judgments are for possession of the property. The
tenant has the right to "redeem" possession of the property by paying
the judgment amount and the actual court costs. The exception is a
judgment that was awarded without a "Right of Redemption" .
Jurisdiction
This is the location where the case will be heard. It is always the
City/County in which the rental property is located. It is imperative
that you select the correct Jurisdiction on the website so that it is
properly filed.
Late Charge
Under Maryland law for residential properties, the late charge may not
exceed 5% of the monthly contract rent, even if your lease makes for
other provisions. For a subsidized property, the maximum late charge is
5% of the tenant's portion For a weekly rental, the maximum late charge
is 3.00 per week, no matter what the rent is.
Lead Paint Certificate (MDE)
All affected properties must be registered with MDE. This is a separate
registration that the Baltimore City registration. The correct number to
be entered on the rent notice is located at the right top section of the
certificate. A new lead certificate is required each time a new tenant
moves into the property. Your owner # (tracking #) is the number
assigned to you by MOE as the owner.
MDE
Maryland Department of the Environment
-click-
Money Judgment
A landlord may seek a monetary judgment in addition to a typical
judgment for possession. With a money judgment, the landlord may convert
the judgment to a civil case, and place a lien on the tenant/garnish
their wages. In order for us to obtain a money judgment, the following
must take place.
1. The notice must be filed with an attached "Proof of Service"- It can
not be requested after- the- fact.
2. Personal service on the tenant must be successful (either by the
sheriff or a private process server).
3. The judge must grant the money judgment at court.
Motion
A written request to the Court, filed with the Count, to make a change
to the original filing, such as a postponement or a new hearing based on
new information obtained after the trial.
Non-est
The court requires that the tenant be notified of a rent notice court
date via
1. Regular Mail
2. Sheriff or Constable Posting of the Property
Notice must be successful by both methods. If not successful, the case
is dismissed and the case must be refiled. The most common cause of the
post office returning the mail is an insufficient (wrong zip code,
incomplete address, misspelled street, etc.) The most common reason(s)
that a sheriff will be unable to post a property is:
1.) The property (single family) lacks house numbers affixed to the
property
2.) The doors (multi-family) are not marked as they appear on the notice
(ie: the notice reads "First Floor Apt" and the door is labeled "1",
or vice- versa)
No Right of Redemption
In Baltimore City, if you have 4 prior judgments within the previous 12
months you may request on the 5th filing "No Right of Redemption" by the
tenant. "Judgment" is defined as a rent case in which the ruling was in
the favor of the landlord. Dismissed cases or cases ruled in favor of
the tenant are not counted.
"No Right of Redemption" means that even if the tenant produces the
balance due the landlord still has the right to eviction the tenant. In
Baltimore County, Carroll County and Howard County, 3 prior judgments
are sufficient to seek "No Right of Redemption". The case numbers and
court dates of the previous judgments must be listed correctly on the
notice at the time of filing.
Reissue
On occasion, the sheriff does not return the paperwork to the court. The
court will order that the process will "begin again" without a charge to
the filer. A new date for the case will be mailed to us.
Rent
The "rent" is the monthly or weekly contract rent as reflected in the
lease. In some jurisdictions, water bills, environmental fines, HOE
bills etc. may be considered as "additional rent" if your lease
specifically states it as "additional rent". (See lease tips). Security
deposits are not considered "rent". Currently, ONLY water bills are
considered "additional rent" if the lease provides for it. IT IS NOT
SUFFICIENT FOR THE LEASE TO STATE MERELY THAT THE TENANT IS RESPONSIBLE
FOR IT.
Rent Escrow
If a tenant has significant repair issues that involve a threat to life,
health or safety, they may request to pay their rent to the court,
rather than the landlord. An inspection is done to the property and the
court holds the money until the repairs are made. Once the repairs are
made, the funds (minus possible concessions made to the tenant) are
released to the landlord.
Squatter
Someone that has taken illegal possession of the property
Tenant Holding Over
Landlord has given the tenant proper notice to vacate the property, the
date has passed and the tenant remains in the property.
Warrant of Restitution
Referred to as an Eviction Notice (also known as a Put-Out Notice) The
second and final notice filed with the court in the regular process.

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(301) 485-6335
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