Wrongful Detainer

A Wrongful Detainer is the action used to evict houseguests, family members, friends, and/or squatters that refuse to leave a property after being asked.

TO EVICT A PREVIOUS OWNER DUE TO FORECLOSURE CONTACT OUR OFFICE. 

The squatter have no lawful right to live in that property. You can only file a Wrongful Detainer to seek an eviction when there is no landlord and tenant relationship. This means the people involved never signed a lease, have not paid any money, nor do they have any rights to the property.

You may not use a wrongful detainer to evict current tenants for Failure to Pay rent, Breach of Lease, Tenant Holding-Over, or any other remedies available under Title 8 of the Maryland Code. In addition, you may not use a wrongful detainer for someone who has possession of the property by court order.

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. The occupant or assignee will also be 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 between six to ten days after the date the county was 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 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 judgment is rendered by the district court. If judgment is for landlord and 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