In Maryland, Failure To Pay Rent

State Of Maryland, Oct 16, 2006

The following sequence of events takes place when a landlord files a failure to pay rent action in District Court:

1. The landlord files the action with the District Court stating the amount of rent due, and requests a judgment for repossession of the property and/or rent due, including late fees and any court awarded costs;

2. The District Court issues a summons notifying the tenant of the date and time to appear in court for trial. The summons is served by the Sheriff’s Office;

3. The Sheriff’s Office mails one copy of the summons by first class mail to the tenant and attempts to serve
the tenant in person; if the tenant cannot be served, a copy of the summons may be posted on the tenant’s door;

4. At the court hearing, the tenant has the right to offer a defense as to why the rent was not paid.
If the hearing is not held on the fifth business day after the landlord files the action, the landlord
may request, prior to trial, ALL rents due as of the hearing date, including any late fees and court awarded costs. This request must be made on the Failure to Pay Rent Summons. After the hearing, the Judge decides whether the landlord is entitled to the rent and/or repossession of the rental property;

5. If either party disagrees with the Judge’s ruling, they have the right, within four days of the Judge’s ruling, to appeal that judgment to the Circuit Court;

6. If judgment is entered for repossession and the tenant does not pay the judgment or file an appeal
within four days, the landlord has the right to file a petition for Warrant of Restitution, commonly referred to as the eviction notice, on the fifth business day after the judgment was awarded. The Warrant of Restitution is signed by the Judge and forwarded to the Sheriff’s Office;

7. Once the Warrant of Restitution is mailed to the tenant by the Sheriff’s Office, the landlord contacts the Sheriff to arrange a date and time for the eviction (See Section XI, Eviction);

8. Once the eviction is scheduled, the Sheriff may post a red and white notice on the tenant’s door giving the approximate date of the eviction. However, even if such a notice is not posted, the Sheriff will still proceed with the eviction;

9. The tenant has until the Sheriff executes the eviction order to pay the judgment, which includes all court awarded costs (with the exception of court awarded attorney’s fees). This payment must be made by cash, certified check or money order to the landlord or his agent. When making payment, the tenant needs to get a receipt and confirm with the Sheriff’s Office that the landlord has canceled the eviction. The tenant can be evicted the first time the landlord files an action for nonpayment of rent against him/her if the tenant does not pay when, or before, the Sheriff arrives;

10. At the direction of the Sheriff, the landlord is responsible for removing the tenant’s possessions from the property and placing them in the closest public right of way; and,

11. If a tenant has three judgments for possession entered against him/her in a 12 month period, on the fourth filing, the landlord can request an Absolute No Right of Redemption, and if a judgment is entered,the tenant will be evicted, whether or not he/ she has paid the past due rent.