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 the 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 is no longer “alive.” If full payment is made prior to the court date, the landlord (or us as the landlord’s agent) may voluntarily dismiss the case. The judge may dismiss the case due to a lack of vital information on the notice or if the case was not properly served to the tenant.
Failure To Pay Rent Complaint (FTP)
Also known as a “Rent Notice”. This is the form in which the tenant 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 falls after the rent due date. We do not allow “future rent” in the normal filing course. If a landlord calls and specifically requests future rent, it may be handwritten into the notice.
Judgment By Consent
The tenant shows up for court and agrees to the amount claimed on the notice.
Judgment By Default
The 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 awarded without a “Right of Redemption.”
Jurisdiction
This is the location where the case will be heard. It is always the City/County where the rental property is located. To file it properly, you must select the correct jurisdiction on the website.
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 the rent.
Lead Paint Certificate (MDE)
All affected properties must be registered with MDE, which is a separate registration from Baltimore City's. The correct number to be entered on the rent notice is located at the top right section of the certificate. A new lead certificate is required each time a new tenant moves into the property. Your owner number (tracking number) is the number assigned to you by MOE as the owner.
MDE
Maryland Department of the Environment -Click Here-
Money Judgment
A landlord may seek a monetary judgment and 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. 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 change 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
The notice must be successful by both methods. If not successful, the case is dismissed and 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 evict the tenant. In Baltimore County, Prince George’s County, and Howard County, three prior judgments (filed on the fourth) 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 when filing.
also see- Maryland Legal - Aid People’s Law Library
Reissue
On occasion, the sheriff does not return the paperwork to the court. The court orders that the process “begin again” without 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 reflected in the lease. In some jurisdictions, water bills, environmental fines, HOE bills, etc., may be considered “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 threaten life, health, or safety, they may request to pay their rent to the court rather than the landlord. The property is inspected, 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 who has taken illegal possession of the property
Tenant Holding Over
The 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
The second and final notice, an Eviction Notice (also known as a Put-Out Notice), is regularly filed with the court.