Holdover

Tenant Holdover Fees

We can
process your Tenant Holding Over filing:

Step 1: Notice and Contact ($149)

* 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


Step 2:
Court Filing and Court Appearance ($250 (in-area) or $350 (out-area)
depending on county)
(plus $38 Court Fee & $40 Sheriff fee per tenant)

* Filing for Complaint & Summons for Against Tenant Holding Over
* Court
Appearance (we will attend, some counties require owner to also appear)
*
To file Step 2, click here

Step 3: Warrant of Restitution ($190)

* Upon receiving judgment, the Warrant of Restitution must be filed
* To
file Warrant of Restitution click here

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

* Schedule
eviction with Sheriff (differ per county)

Location Required Notice
Period
Expired or MtM Lease in
Non Baltimore City
30/days
Expired or MtM lease in
Baltimore City
60/days
Expired or MtM lease in
some Montgomery County Cities
60/days
Existing 1/Year Lease
in Maryland
90/days – Judge may
review clause in lease
Existing 6/Month Lease
in Maryland
60/days – Judge may
review clause in lease

To get started filing the Holdover Step 1 –
Click Here


FOR MORE INFORMATION ABOUT
TENANT HOLDING OVER – READ BELOW

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 fiing for Holdover. (for more info on
Baltimore City click here)

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

To get started filing
the Holdover Step 1 – Click Here