A Maryland eviction for unpaid rent starts with a written notice giving the tenant 10 days to pay. If the rent isn’t paid, the landlord files a failure-to-pay-rent complaint in the District Court for the county where the home is, the court holds a trial, and if the landlord wins, the landlord can request a warrant of restitution, which the sheriff or constable carries out. Up until the eviction, the tenant can usually stop it by paying everything the court found due.
Every step has a rule, and missing one sends you back to the start. We handle these filings for owners at SW Property Management, and the short summary is in our Maryland landlord-tenant rules guide. Here’s the full process under Maryland law, as of October 2026.
This is general information, not legal advice. Eviction cases turn on details, so talk to a Maryland landlord-tenant attorney about your situation.
Step 1: The 10-day notice
Before filing, Real Property § 8-401(c) requires a written notice that the landlord intends to file for possession if the tenant doesn’t pay within 10 days. The rules:
- The notice must be on the form created by the Maryland Judiciary.
- It can be sent by first-class mail with a certificate of mailing, or posted on the door of the home. If the tenant has chosen electronic notice, it can go by email, text or tenant portal, as long as the landlord keeps proof it was sent.
- The complaint has to state the date the notice was given, and the tenant can challenge it.
Keep the certificate of mailing or a dated photo of the posted notice. A judge will ask.
Step 2: Filing in District Court
After the 10 days pass, the landlord files a failure-to-pay-rent complaint in the District Court where the property is located. The complaint lists the tenants, the rent and late fees due for each period, and any utility payments credited.
The license question. In any county or city that requires a rental license, Real Property § 8-406 makes the landlord plead, and prove at trial, that the property is licensed, exempt, or unlicensed for one of a few narrow reasons (a tenant’s wrongful act, a licensing-office error, or a condition in another unit of a multi-unit building). That covers Baltimore City and most of Central Maryland. See Baltimore City rental license and rental license rules by county.
The filing fee. The District Court’s cost schedule (DCA-109, rev. March 2026) lists the failure-to-pay-rent filing fee at $50 in every county except Baltimore City and $60 in Baltimore City, plus a $5 service fee for each tenant of record in the counties ($5 per location in the city, with $5 more per tenant for personal service). Those fees include several surcharges, among them a $19.35 Statewide Rental Assistance Voucher Program surcharge.
Under Real Property § 8-208(d)(13), a lease can’t make the tenant responsible for the District Court filing surcharge assessed against the landlord, except as the courts article allows.
Step 3: Trial
The summons tells the tenant to appear for trial on the fifth day after the complaint is filed (§ 8-401(b)(4)). The statute also covers what happens when the trial isn’t held that fast. The sheriff or constable serves the summons, by personal service if requested, or by posting it on the property. A default judgment based on posting can award possession and costs but not a money judgment for the rent; that requires personal service.
At trial, bring the lease, a rent ledger, the 10-day notice with proof of delivery, your license number and expiration date, and any communication with the tenant. If the judge rules for the landlord, the court enters judgment for the rent and late fees due and orders possession returned within 4 days after the trial (§ 8-401(e)(3)). A doctor’s certificate can extend that to no more than 15 days after trial.
Either side can appeal to the circuit court within 4 days of the judgment. To stay the eviction during the appeal, the tenant has to post a bond.
Step 4: The right of redemption
Here’s the step that surprises new landlords. Under § 8-401(h), the tenant can redeem (keep the home) by paying all past-due amounts the court found, plus court-awarded costs and fees, in cash, certified check or money order, any time before the eviction is actually carried out. Checks issued by a county or other government agency count as payment.
The right of redemption does not apply if three judgments of possession for unpaid rent were entered against the tenant in the 12 months before the case was filed.
Step 5: Warrant of restitution and the sheriff
If the tenant hasn’t paid or moved out, the landlord can ask the court for a warrant of restitution once 7 days have passed after judgment (§ 8-401(f)). Deadlines that matter:
- The landlord must request the warrant within 60 days of the judgment (or the end of any stay). If not, the judgment for possession is stricken.
- If a warrant issues and nothing is done with it within 60 days, it expires.
- Executions are stayed day to day in extreme weather, including a forecast of 32°F or lower or a qualifying National Weather Service warning, and must be completed within 5 days after the weather clears.
Once the sheriff or constable schedules the eviction, Real Property § 8-407 requires the landlord to give the tenant written notice at least 6 days before the scheduled date (local laws can set 4 to 14 days). Notice goes by first-class mail with a certificate of mailing, plus posting on the front door with a date-stamped photo, plus email or text if the landlord has them. If the sheriff believes notice wasn’t given, the eviction stops until the court rules.
The Baltimore City warrant of restitution fee is $10 on the March 2026 cost schedule.
Holdover and breach-of-lease cases
Not paying rent is only one kind of case.
Tenant holding over (§ 8-402) is for a tenant who stays after the lease or a periodic tenancy ends. The landlord must give written notice to end the tenancy: 60 days for month-to-month, 90 days for year-to-year, and 7 or 21 days for week-to-week. A holdover tenant owes at least the prorated rent for the extra time, plus actual damages.
Breach of lease (§ 8-402.1) is for lease violations other than rent. The lease must allow repossession for a breach. The landlord gives 30 days’ written notice, or 14 days if the tenant’s behavior creates a clear and imminent danger of serious harm. The court has to find the breach was substantial and warrants eviction. Appeals in these cases run 10 days.
The filing fee for a tenant holding over case is $56 in the counties and $66 in Baltimore City, per the March 2026 cost schedule.
What you can never do
Real Property § 8-216 prohibits taking possession by locking a tenant out or any other action outside the court process, and prohibits willfully interrupting heat, running water or other utilities to force a tenant to leave. A tenant who wins under that section recovers actual damages and attorney’s fees. Changing the locks, hauling belongings to the curb or shutting off the water will cost you more than the rent you’re owed.
Costs to plan for
| Item | Amount (as of October 2026) |
|---|---|
| Failure-to-pay-rent filing, counties | $50 plus $5 per tenant served |
| Failure-to-pay-rent filing, Baltimore City | $60 plus $5 per location, $5 more per tenant for personal service |
| Tenant holding over filing | $56 counties, $66 Baltimore City |
| Warrant of restitution, Baltimore City | $10 |
| Eviction-date notice expenses | Up to $5 may be charged to the tenant (§ 8-407) |
| Lost rent while the case runs | Depends on how long the case takes |
Source: District Court cost schedule DCA-109; Real Property § 8-407.
Avoiding it: screening, payment plans, rental assistance
The cheapest eviction is the one you never file.
- Screen consistently. Written criteria, the same for every applicant, checked against credit, rental history and income. Our post on tenant screening rules in Maryland covers what’s allowed.
- Call on day two. A missed payment is often a timing problem. A written payment plan signed by both sides beats a court date.
- Point tenants to help. If a tenant is working with a county or state assistance program, remember that a government check counts toward redemption under § 8-401(h)(2).
- Keep the paperwork clean. A current license, the lead certificate for pre-1978 homes, a compliant lease and a rent ledger make the case quick if you do have to file.
Bottom line
Use the Judiciary’s 10-day notice form and keep proof you delivered it. Have your rental license number ready. Expect the tenant may pay and redeem right up to the eviction date. Request the warrant within 60 days, give the 6-day notice, and never change the locks yourself. If you’d rather not do any of this alone, SW Property Management handles notices, filings and the court dates for the homes we manage.
Sources
All checked October 26, 2026.
- Maryland Code, Real Property § 8-401, § 8-402, § 8-402.1, § 8-406, § 8-407, § 8-208, § 8-216
- District Court of Maryland, Cost Schedule DCA-109, rev. 03/2026
- Maryland Attorney General, Landlord/Tenant Disputes