Landlords can evict tenants for cause in Maryland. But eviction is strictly regulated.
Notice
The state’s real estate law requires notice before a landlord can evict a tenant before the apartment’s lease ends. If a lease allows eviction for breach of lease, a landlord may file a complaint in district court if the tenant committed grounds for eviction.
In these actions, the tenant had to violate the lease, the landlord had to provide 30 days’ written notice that the tenant violated the lease and the landlord wants to repossess the premises, and the tenant refused to comply.
Landlords must give tenants 14 days’ written notice that they violated the lease and want to repossess the premises. Grounds includes a tenant or their guest violating the lease and that their behavior shows a clear and imminent danger of the tenant or guest doing serious harm to themselves, other tenants, the landlord, the property, or any person on the property.
Procedure
The court will summon the tenant to appear in court to present reasons why they should not be evicted.
If a court finds that the tenant violated the lease and that the breach justifies eviction, it will order the sheriff to give possession of the premises to the landlord. The court may also order that the tenant pay costs.
Payments before eviction
Landlords may accept payment from a tenant after giving notice of the breach and before eviction. This is not a waiver of the breach of lease notice or judgment for possession unless the landlord and tenant agree in writing.
Payments must first go to rent, then court costs including awarded damages and legal fees and then to any loss of rent from violating the lease.
Appeals
Either party may file an appeal within 10 days. If the ruling was in the landlord’s favor and the tenant wants to stay on the premises, the tenant must attest that the appeal is not for delaying the eviction, file enough bond with the condition that the appeal will be diligently prosecuted, and pay all outstanding rent and court costs and all losses or damages that the landlord may incur from the tenant remaining in possession.
Mitigation
Parties must reduce any damages they suffer. Landlords do not have to show or lease a prematurely vacated unit instead of other units. If the tenant wrongly refused to take possession or left a premises before the end of the lease, the landlord may sublet the unit without notice to the tenant. The tenant is responsible for any damages from their breach.
Attorneys can assist parties with protecting their rights. They can represent them in court.