When Can a Landlord Evict a Tenant?
- October 2, 2025
- Landlord Law
Although most landlords would agree that it’s far better to have a long-lasting, profitable relationship with a steady tenant, there may come a time when evicting a tenant is the most tenable option for your property, security, and profitability. But evicting a tenant is not as simple as changing the locks and putting furniture on the curb. As with most dealings between landlords and tenants, there are very specific laws governing landlord eviction in Maryland.
Eviction for Nonpayment of Rent
In Maryland, for a landlord to evict a tenant before the tenancy has expired (meaning before the lease or rental agreement is up), the landlord must have a legal cause to do so. The most common legal reason is failure to pay rent. Previously, Maryland landlords did not have to give notice before beginning the eviction process. As of October 1, 2021, landlords are now required to give notice before filing for eviction.
The landlord can file an eviction lawsuit against the tenant as soon as the rent is late, after the landlord gives a 10 day notice of intent to file, by filing a complaint for failure to pay rent in the district court in the county where the rental property is located. The complaint must state the amount of rent that is due. The tenant will receive a summons from the district court, listing a date and time for a hearing before a judge.
Even when the legal process has started, the tenant can stop the eviction by paying the rent that’s due, along with any late fees, by the date that the court has set for the hearing.
As long as the tenant pays in full before the hearing, the complaint will be dismissed. If, however, the tenant does not pay and the landlord prevails, the tenant has seven business days to pay the amount awarded by the court to stop the next step in the eviction process.
If the tenant does not pay, the landlord may file a Warrant of Restitution, asking that the Court issue a warrant allowing law enforcement officials to remove the tenant and his belongings from the property. Even up until the day of the eviction, the tenant may stop the eviction by paying the full amount owed with certified funds, unless the landlord has received at least three other failure to pay rent judgments against the tenant in the past year. In this case, after the fourth failure to pay rent, the tenant may not redeem the property.
Nonpayment Due to Rent Withholding
In some cases, a tenant’s nonpayment of rent may be an instance of intentional rent withholding. For example, if the tenant feels the landlord should have certain repairs done to the property, they may attempt to withhold rent until the repairs are complete. If rent withholding simply takes the form of rent nonpayment, the landlord is free to move forward with the landlord eviction process. Informal rent withholding is treated no differently than rent nonpayment.
The legal process of rent withholding requires the tenant to file a rent escrow complaint with the local Maryland district court. This involves the creation of a rent escrow account, into which the rent money owed to the landlord must be deposited. The landlord will be expected to participate in the ensuing escrow hearing, although a Maryland landlord attorney can help build the case against the tenant’s claims.
Are you a Maryland landlord considering eviction? Call Lusk Law, LLC at (443) 535-9715 and learn how our Maryland landlord attorneys can help.
Other Eviction With Cause
Lease Violations and Refusal to Vacate
If the landlord is evicting the tenant for other reasons, such as the tenant posing a threat to others on the property, the landlord must file a “notice to cure,” giving the tenant a set amount of time to correct the situation before eviction proceedings start.
The landlord must serve the tenant with one of the following:
- 30-Day Notice to Cure: If the tenant violates the lease or rental agreement in some way but does not pose a threat to the property or others on the property, the landlord files this notice, which gives the tenant 30 days to correct the violation before the landlord files an official eviction lawsuit.
- 14-Day Notice to Cure: If the tenant (or somebody who is on the property with the tenant’s permission) poses a threat to the property or people on the property, the landlord can file this notice, giving the tenant just two weeks to correct the behavior which violates the lease or rental agreement. If the tenant does not do so within 14 days, the landlord will file an eviction lawsuit.
One other common situation in which a landlord has cause for eviction is “holding over.” This occurs when a tenant’s lease has ended and they refuse to vacate the property. In a situation like this, the landlord has cause to begin the eviction process. They must be able to provide proof that the tenant had at least 60 days notice in writing of the lease’s expiration.
Eviction Without Cause
If the tenant has done nothing wrong and has not violated the terms of the lease or rental agreement, the landlord cannot expect the tenant to vacate the property while the lease or rental agreement is in effect. When the lease or agreement expires, however, the landlord has the right to not renew it for any reason.
In most jurisdictions in Maryland, month-to-month tenants must be given 60 days’ notice. With a fixed-term lease, if the landlord wants the tenant to vacate at the end of the term, the landlord should give the tenant at least 90 days’ notice of intent not to renew the lease, otherwise, it will convert to a month-to-month lease at the end of the tenancy. Seeking guidance from an experienced landlord and tenant attorney in Maryland can provide valuable insights into the legal nuances of such situations.
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If you’ve had issues with tenants and need legal assistance, don’t hesitate to contact us. Lusk Law, LLC, represents landlords and property owners, including handling compliance with Maryland landlord-tenant regulations and laws.
If you’re a landlord, get the legal advice you need to successfully operate your business. Contact Lusk Law, LLC at (443) 535-9715 to set up a consultation.