When to File Tenant Holding Over
A landlord may file this case when a tenant's lease has expired. The landlord
must first give the tenant written notice that they want to end the tenancy.
*The length of the Holdover notice depends on the lease and local law in your county.
Tenant Holdover Fees
We can process your Tenant Holding Over filing:
Notice and Contact ($195)
- First Class & Certified Mailing – Notice to Quit & Vacate to the tenant
- Contact Tenant and review options
- To get started, click here to file Step 1
Court Filing and Court Appearance ($700 in-area or $800* or $900** for out-area)
- Filing for Complaint & Summons for Against Tenant Holding Over
- Court Appearance (One of our in-House attorneys will attend)
- Witness Fee: Our Attorney will handle the case, but the attorney will need to question a witness at the hearing. The Witness can be the Owner or our Court Agent. If our Court Agent has to attend there will be a $275 charge. There is No additional charge if the Owner attends and is the witness.
- To file Step 2, click here
Warrant of Restitution ($215)
- Upon receiving judgment, the Warrant of Restitution must be filed
- To file Warrant of Restitution, click here
Physical Eviction (fees vary depending on county and size of home)
- Schedule eviction with Sheriff (differ per county)
- More info can be found here
Location
Required Notice Period
Location and Required Notice Period
Expired or MtM Lease in Non Baltimore City
Expired or MtM lease in Baltimore City
Expired or MtM lease in some Montgomery County Cities
Existing 1/Year Lease in Maryland
Existing 6/Month Lease in Maryland
Existing Weekly Agreement
60/days
60/days
60/days
90/days – Judge may review clause in lease
60/days – Judge may review clause in lease
21/days - Judge may review clause in lease
More Information about Tenant Holding Over
Unless stated otherwise in a written lease and initialed by the tenant, when a landlord consents to a holdover tenant remaining on the premises: the holdover tenant becomes a week-to-week tenant if he was a week-to-week tenant before holding over, and he becomes a month-to-month tenant in all other cases. Read the Law: Md. Code, Real Prop. §8-402(c)
For expired leases and month-to-month leases, the state requires a 30/days notice (except for Baltimore City which
requires 60/day notice) before filing for Holdover.
Holding Over Without Consent Liability
A tenant, or anyone holding under the tenant, who unlawfully holds over after termination of the lease, is liable to landlord for all actual damages caused by the holding over, and at the least, is liable for the apportioned rent for the period of holding over at the rate provided in the lease.
A landlord may be awarded a money judgment in tenant-holding-over cases if the court finds that the tenant was personally served.
Landlord may seek damages under this section as part of the eviction suit, or he may file a separate action for damages. Landlord may also pursue other remedies granted by the lease or other applicable law against a holdover tenant.
Eviction Procedure
Whenever the landlord has given to tenant the proper written notice to vacate the premises, and the tenant 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 tenant 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 tenant, subtenant, 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 tenant, sub-tenant, 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 tenant fails to appear at the eviction hearing, the judge may decide to postpone the hearing for not less than six nor more than 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 tenant from the residence. If the landlord wins, the court may order the tenant to pay the landlord’s costs for filing the suit.
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 tenant’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 judgment is rendered by the district court. If judgment is for landlord and tenant appeals, tenant may stay in the dwelling until the appeals court reaches its decision if tenant: 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 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