Breach of Lease

According to Maryland law, a breach of lease occurs when a tenant commits one or more "substantial" lease violation(s). In response, a landlord may file a Complaint for Repossession of Rental Property against Tenant in Breach of Lease and seek an eviction order from the court based on the lease violations. Breach of Lease cases typically arise from incidents involving controlled dangerous substances, destruction of property, serious noise violations, unauthorized residents, etc.

Step 1: Notice and Contact ($149)

* First Class & Certified Mailing – Notice to Quit & Vacate 

* If necessary, MEO will contact the occupants and review options.

* To get started, click here to file Step 1

Step 2: Court Filing and Court Appearance ($650 (in-area) or $750 (out-area) depending on county) (plus $56 Court Fee & $40 Sheriff fee per known occupant)

• In-Area: (Prince George’s, Baltimore City, Anne Arundel County)
• Out-Area: (Montgomery County, Baltimore County, Howard, Charles)

* Filing for Complaint & Summons for Breach of Lease

* Court Appearance (One of our In-house attorneys we will attend)

* To file Step 2, click here

Step 3: Warrant of Restitution ($190)

* Upon receiving judgment, the Warrant of Restitution must be filed (A Warrant of Restitution is a court order which empowers a property owner to use court officers to enforce a possession order which was previously gained.)

* To file Step 3 click here

Step 4: Physical Eviction (fees vary depending on  county and size of home)

* Schedule eviction with Sheriff (the amount differs per county)

To get started filing the Breach of Lease - Step 1 – Click Here

Eviction Procedure
Whenever the landlord has given the occupants the proper written notice to vacate the premises, and the occupant does not comply, the landlord may make a complaint in writing to the District Court of the county where the property is located.

The court will issue a summons notifying the occupant to appear in court on the stated day to tell the court why the property should not be restored to the landlord. The constable or sheriff will serve the court summons on the occupant or assignee on the property, or on their known or authorized agent. If none of those persons can be found, the sheriff or constable will post a copy of the summons in a conspicuous place on the property. Where occupant or assignee has also been sent a notice by first class mail, the posting of the summons will be conclusively presumed to be sufficient service to support a judgment to restore the property to the landlord.

Acceptance of “any payment” after the notice to vacate is given, but prior to the eviction, does not constitute a waiver of the notice or a waiver of any judgment for possession, unless the parties so agree in writing.

If either the landlord or the occupant fails to appear at the eviction hearing, the judge may decide to postpone the hearing for not less than six to ten days after the day originally scheduled.

If after the hearing the court rules for the landlord, it will order the sheriff to remove the occupant from the residence. The contents will be removed by our staff to a place the county stipulates. If animals are in the property then animal control will be called. If children are alone in the property, then Social Services will be called.

The sheriff or constable must be present at the actual put-out as an officer of the court. However, he will not participate in physically moving occupant’s possessions. That is the landlord’s responsibility.

Proper Notice to Vacate Premises
A landlord must give proper notice before terminating a tenancy.

Appeals
Either party has the right of appeal to the circuit court within ten days after the judgment is rendered by the district court. If the judgment is for landlord and the tenant/occupant appeals, tenant/occupant may stay in the dwelling until the appeals court reaches its decision if tenant/occupant: a) files an affidavit with the district court that the appeal is not for the purpose of delaying the eviction; and b) files sufficient bond with one or more securities, with the condition that he will diligently prosecute the appeal and will pay all rent in arrears, all costs in the case, and all loss or damage which the landlord may suffer as a result of tenant/occupant remaining in possession, including rent during the time of holding over.

The appeals court will set a day for the hearing not less than five nor more than fifteen days after application is made. Notice must be served on the other party or his counsel at least five days before the hearing.

Read the Law: Md. Code, Real Prop. § 8-402