THE EVICTION PROCESS IN MARYLAND
1. Initial Filing
We will file a Failure to Pay
Rent (DC/CV 82) with the Maryland District Court. A hearing will be scheduled and we will go to court and represent the landlord. In Maryland’s Rent Court, the burden of proof is on the landlord, not the tenant. You will need to provide the necessary information we will need for the case via email, fax or FTP.
Preparation for your case
We will need the following information:
● A copy of your last lease – even if it is expired
● Copy of your rental license – if your county requires one – for more information click here
● Update ledger showing your payments and credits – for sample click here
● If there are any outstanding or recent repairs – please fax receipts or quotes
We need to know
about any problems where you can anticpate the tenant will show up claiming about repairs or missing payments. Depending on circumstances, we may request a written statement or your testimony in court to address tenant “issues”.
If you are ready to get started, we can file you “Failure To Pay” right away –
Click Here to Started
2. Court Appearance
Please be available the day of court via phone/text or email just in case there is a need for the court agent to consult with you. Many times a delinquent tenants will not attend the court hearing. If the tenant does not show for court, we will receive a “Judgment By Default”. If the tenant shows and agrees with the amount on the notice, we will receive a “Judgment By Consent”. In both instances, the tenant has 4 days to appeal the case. If the case has not been appealed, the landlord may proceed to the next step, ordering the Warrant of Restitution (Eviction Notice). It may be filed 5 business days after the court date (7 days total). You will receive a notice from us follwing the initial hearing.
What if the tenant shows and disagrees with the amount?
We will have to provide the necessary documentation to present a viable case, there will be a trial. If the landlord has not provided the necessary documentation to present a viable case, the agent may request a postponement for the landlord to appear or to gather additional documentation.
What if the tenant shows and has withheld the rent based on some repairs or other “issues”?
The Court will determine the next course of action. In a case where the tenant claims repair issues threatening “Life, Health or Safety”, the judge may order that a Rent Escrow be established. A court appointed inspector will inspect the property and there will be a new trial after the inspection. The tenant will be ordered to pay the rent to the Court or bring the rent to the escrow trial. Depending on the circumstances, the judge may reduce the amount of rent owed to you by the tenant or just order the
repairs to be made.
What if the tenant shows up to court with the rent money?
Depending on the circumstances, the agent will: Accept (in cash or certified funds only) a full payment from the tenant and dismiss the case Accept (in cash or certified funds only) a partial payment and amend the notice and proceed with the case for the balance owed. The agent will not accept a check from the tenant unless authorized by the owner. You will receive an email by 6:00 PM on the court date with the court outcome.
3. File Warrant of Restitution (Eviction Notice)
The Warrant of Restitution may be filed one week after the court date. You will receive a notice from our system after the inital court hearing to get your approval to move to this next step. If you have received any payments since the court date, the eviction notice must be amended before filing. If the tenant pays in full, you will simply not proceed with the next step (scheduling the eviction with the sheriff).
4. Schedule Eviction With The Sheriff
In most counties, we will start calling the sheriff’s office one week after the Warrant of Restitution has been filed to get the actual eviction date. We also send another letter to your tenant explaing to them, we are in the process of geting an eviction date and will be removing them from the property soon. If your tenant pays the judgment in full before the eviction date, we will contact the sheriff’s office to cancel the eviction.
5. Tenant Eviction Notification (Baltimore City Only)
In Baltimore City, the landlord must provide notice of the eviction date to the tenant. The notice must be mailed by first class mail with a certificate of mailing from the post office and sent certified mail with a return receipt at least 15 days in advance of the eviction date. The notice must be posted to the premises at least 7 days in advance of the eviction. The poster of the notice must sign an affidavit that he/she posted the premises.
If you have any other questions just give us a call at (301) 485-6335
Remember we only charge per step. If your tenant pays or moves you can stop the proceedings at any time. Get started with us today for $170-$250 (varies per county). You are getting the following:
● Filing of the “Failure to Pay” document to the Maryland District Court
● Mailing your tenant a collections letter and informing them we are representing you in an upcoming court date.
● (1) Court Appearance
IF YOU ARE READY TO GET STARTED CLICK BELOW