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Maryland Eviction Defense — LSC-Grade Legal Packet

Free legal self-help guide for Maryland residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

Maryland Eviction Defense — LSC-Grade Legal Packet

Jurist-Diction | Legal Document Automation for Underserved Communities

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact Maryland Legal Aid or a licensed Maryland attorney.


1. Eligibility Checker — Who This Packet Helps

You may qualify for eviction defense if:

  • [ ] You are a tenant facing eviction in Maryland
  • [ ] You live in rental housing (apartment, house, mobile home, room)
  • [ ] Your landlord has given you notice or filed for eviction
  • [ ] Your income is low (generally under 200% of federal poverty level for free legal aid)

This packet does NOT cover:

  • Commercial leases (business rentals)
  • Hotels/motels (transient occupancy)
  • Foreclosures (homeowners)

Special protections apply if:

  • You are a senior citizen (age 62+)
  • You have a disability
  • You are a victim of domestic violence
  • You live in subsidized housing (Section 8, public housing)

2. Required Forms — Maryland Eviction Defense

Forms You May Need to File

Form NamePurposeWhere to Get
Notice of Intention to DefendTells the court you will fight the evictionDistrict Court clerk's office or online
Request for ContinuanceAsks for more time before trialDistrict Court clerk's office
Motion to DismissAsks court to throw out the caseDraft yourself or get legal help
CounterclaimSues landlord for violationsDraft yourself or get legal help
Application for Waiver of FeesAsks to skip filing fees if low-incomeDistrict Court clerk's office

Maryland District Court Forms Online


3. Step-by-Step Filing Instructions

Step 1: Read the Notice Carefully

Your landlord MUST give you written notice before filing for eviction. The notice type depends on the reason:

Eviction ReasonNotice RequiredTime to Fix
Failure to Pay Rent14-day noticePay rent owed within 14 days
Breach of Lease30-day noticeFix the problem within 30 days
Repeat Breach of Lease14-day noticeNo right to cure
Holding Over (staying after lease ends)Notice to vacateMove out by date given
Illegal Activity14-day noticeNo right to cure

Maryland Code, Real Property § 8-401

Step 2: Respond to the Notice

If you can fix the problem (pay rent, stop the breach):

  1. Fix the issue BEFORE the notice deadline
  2. Get a receipt or written proof
  3. Keep copies of everything

If you cannot fix the problem:

  1. Start looking for legal help immediately
  2. Document everything wrong with your apartment
  3. Save all texts, emails, and letters from your landlord

Step 3: If Landlord Files in Court — File Your Notice of Intention to Defend

When your landlord files for eviction, you will receive:

  • A Summons (tells you when to go to court)
  • A Complaint (explains why landlord wants to evict you)

To fight the eviction:

  1. Go to the District Court listed on your summons
  2. Ask the clerk for a Notice of Intention to Defend form
  3. Fill it out — you can write why you disagree with the eviction
  4. File it with the clerk BEFORE your court date
  5. Get a copy stamped for your records

Deadline: File as soon as possible. At minimum, bring it to court on your trial date.

Step 4: Prepare for Court

Gather evidence:

  • [ ] Copy of your lease
  • [ ] Rent receipts or bank statements showing payments
  • [ ] Photos of apartment conditions
  • [ ] Copies of all notices from landlord
  • [ ] Text messages and emails
  • [ ] Witness contact information
  • [ ] Repair requests you sent to landlord
  • [ ] Inspection reports (if any)

Step 5: Go to Court on Your Trial Date

Location: The District Court listed on your summons

Time: Arrive 30 minutes early

Bring: All your documents, ID, and witnesses

At court:

  1. Check in with the clerk
  2. Tell the judge you filed a Notice of Intention to Defend
  3. Present your side clearly and calmly
  4. Show your evidence
  5. Ask for a trial if you need more time

Step 6: If You Lose — You Have Options

OptionDeadlineHow
Appeal10 days after judgmentFile Notice of Appeal at District Court, pay $165 fee (or apply for waiver)
Motion for New Trial10 days after judgmentFile with same court
Request More Time to MoveAt trial or afterAsk judge directly

4. Exact Court Information — Maryland District Courts

Evictions in Maryland are filed in District Court for the county where the property is located.

Baltimore City

Baltimore City District Court — Civil Division

  • Address: 500 N. Calvert Street, Baltimore, MD 21202
  • Phone: (410) 878-8200
  • Hours: Monday–Friday, 8:30 AM – 4:30 PM
  • Filing Fee (Failure to Pay Rent): $15
  • Filing Fee (Breach of Lease): $43

Montgomery County

Montgomery County District Court — Rockville

  • Address: 27 Courthouse Square, Rockville, MD 20850
  • Phone: (240) 777-9100
  • Hours: Monday–Friday, 8:30 AM – 4:30 PM
  • Filing Fees: Same as above

Prince George's County

Prince George's County District Court — Hyattsville

  • Address: 4990 Rhode Island Avenue, Hyattsville, MD 20781
  • Phone: (301) 780-2100
  • Hours: Monday–Friday, 8:30 AM – 4:30 PM
  • Filing Fees: Same as above

Fee Waiver Information

If you cannot afford filing fees, you may apply for a fee waiver by filing an Application for Waiver of Prepaid Costs at the court clerk's office. Bring proof of income (pay stubs, benefits letter, tax return).


5. Filing Checklist — Before Going to Court

Print this list and check each item:

Documents to Bring:

  • [ ] Your lease (original or copy)
  • [ ] All rent receipts or payment records
  • [ ] The eviction notice from your landlord
  • [ ] Court summons and complaint
  • [ ] Your filed Notice of Intention to Defend (stamped copy)
  • [ ] Photos of your apartment (especially any problems)
  • [ ] Copies of letters, texts, and emails with landlord
  • [ ] Any repair requests you made
  • [ ] Proof of income (for fee waiver application)

Information to Know:

  • [ ] Your court date and time
  • [ ] Court address and room number
  • [ ] Landlord's name and address
  • [ ] How much rent your landlord claims you owe
  • [ ] Any defenses you want to raise

6. What to Bring to the Hearing

Required:

  • Photo ID (driver's license, state ID, passport)
  • All documents from checklist above
  • Your copy of filed court papers

Recommended:

  • Witnesses (neighbors, repair people, anyone who saw conditions)
  • Photos printed on paper (not just on phone)
  • Written timeline of events
  • Cash or money order (in case you can settle by paying rent)

Do NOT Bring:

  • Weapons of any kind
  • Children (if you can arrange childcare)
  • Disruptive behavior

7. What Happens After Filing

If You Win

  • The case is dismissed
  • You can stay in your home
  • You may recover court costs if the judge orders it
  • The eviction is removed from court records

If You Lose

  1. Judgment for Possession: Landlord wins the right to have you removed
  2. 4-Day Wait: Landlord must wait 4 business days before scheduling removal
  3. Warrant of Restitution: Landlord requests this from the court
  4. Sheriff Visits: Sheriff will post a notice and may remove you and your belongings
  5. Right to Redeem (Failure to Pay Rent Only): You can stop the eviction by paying ALL rent owed plus costs BEFORE the sheriff removes you

Timeline from judgment to removal: Typically 2-4 weeks, but can happen faster

If You Appeal

  • You must pay rent into court escrow while appeal is pending
  • Appeal goes to Circuit Court
  • New trial may be scheduled
  • You can stay during appeal if you pay rent to court

LSC-Funded Organizations

Maryland Legal Aid

  • Phone: (410) 539-5340 or 1-800-999-8904
  • Website: mdlab.org
  • Services: Free legal help for low-income tenants facing eviction
  • Offices: Baltimore, Montgomery County, Prince George's County, and throughout Maryland
  • Income Limit: Generally 200% of federal poverty level

Community Legal Services of Prince George's County

  • Phone: (301) 864-8353
  • Website: clspgc.org
  • Services: Free legal assistance for eligible Prince George's County residents

Montgomery County Bar Foundation Pro Bono Program

  • Phone: (301) 279-9100
  • Services: Free legal help for low-income Montgomery County residents

Additional Resources

Baltimore City Renters' Rights Hotline

  • Phone: Call 311 in Baltimore City
  • Services: Information about tenant rights

Maryland People's Law Library

  • Website: peoples-law.org
  • Services: Free legal information and self-help resources

House of Ruth Maryland (for domestic violence survivors)

  • Phone: (410) 889-7884
  • Hotline: 1-800-222-1222
  • Services: Legal help, shelter, and support services

9. Controlling Statute Citations — Maryland

TopicStatute
Eviction ProcessMaryland Code, Real Property § 8-401
Failure to Pay RentMaryland Code, Real Property § 8-401(b)
Breach of LeaseMaryland Code, Real Property § 8-401(c)
Holding OverMaryland Code, Real Property § 8-401(e)
Tenant Right to RedeemMaryland Code, Real Property § 8-401(d)
Retaliatory Eviction ProhibitedMaryland Code, Real Property § 8-401(g)
Security DepositsMaryland Code, Real Property § 8-203
Landlord Duties (Habitability)Maryland Code, Real Property § 8-211
District Court JurisdictionMaryland Code, Courts § 4-501
Appeal RightsMaryland Code, Courts § 12-401

10. Disclaimer

IMPORTANT: This packet is for informational purposes only and does not constitute legal advice. The information provided may not apply to your specific situation. Laws change, and court procedures vary by county.

For legal advice, contact:

  • Maryland Legal Aid: 1-800-999-8904
  • A licensed Maryland attorney

Jurist-Diction is not a law firm and does not provide legal representation. Using this packet does not create an attorney-client relationship.


Packet Version: March 2026

Jurist-Diction — "The law, precisely spoken."

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