Maryland Eviction Defense — LSC-Grade Legal Packet
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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 Name | Purpose | Where to Get |
|---|---|---|
| Notice of Intention to Defend | Tells the court you will fight the eviction | District Court clerk's office or online |
| Request for Continuance | Asks for more time before trial | District Court clerk's office |
| Motion to Dismiss | Asks court to throw out the case | Draft yourself or get legal help |
| Counterclaim | Sues landlord for violations | Draft yourself or get legal help |
| Application for Waiver of Fees | Asks to skip filing fees if low-income | District Court clerk's office |
Maryland District Court Forms Online
- Website: mdcourts.gov/district/forms
- Look for: Landlord/Tenant forms
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 Reason | Notice Required | Time to Fix |
|---|---|---|
| Failure to Pay Rent | 14-day notice | Pay rent owed within 14 days |
| Breach of Lease | 30-day notice | Fix the problem within 30 days |
| Repeat Breach of Lease | 14-day notice | No right to cure |
| Holding Over (staying after lease ends) | Notice to vacate | Move out by date given |
| Illegal Activity | 14-day notice | No 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):
- Fix the issue BEFORE the notice deadline
- Get a receipt or written proof
- Keep copies of everything
If you cannot fix the problem:
- Start looking for legal help immediately
- Document everything wrong with your apartment
- 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:
- Go to the District Court listed on your summons
- Ask the clerk for a Notice of Intention to Defend form
- Fill it out — you can write why you disagree with the eviction
- File it with the clerk BEFORE your court date
- 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:
- Check in with the clerk
- Tell the judge you filed a Notice of Intention to Defend
- Present your side clearly and calmly
- Show your evidence
- Ask for a trial if you need more time
Step 6: If You Lose — You Have Options
| Option | Deadline | How |
|---|---|---|
| Appeal | 10 days after judgment | File Notice of Appeal at District Court, pay $165 fee (or apply for waiver) |
| Motion for New Trial | 10 days after judgment | File with same court |
| Request More Time to Move | At trial or after | Ask 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
- Judgment for Possession: Landlord wins the right to have you removed
- 4-Day Wait: Landlord must wait 4 business days before scheduling removal
- Warrant of Restitution: Landlord requests this from the court
- Sheriff Visits: Sheriff will post a notice and may remove you and your belongings
- 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
8. Local Legal Aid Resources — Maryland
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
| Topic | Statute |
|---|---|
| Eviction Process | Maryland Code, Real Property § 8-401 |
| Failure to Pay Rent | Maryland Code, Real Property § 8-401(b) |
| Breach of Lease | Maryland Code, Real Property § 8-401(c) |
| Holding Over | Maryland Code, Real Property § 8-401(e) |
| Tenant Right to Redeem | Maryland Code, Real Property § 8-401(d) |
| Retaliatory Eviction Prohibited | Maryland Code, Real Property § 8-401(g) |
| Security Deposits | Maryland Code, Real Property § 8-203 |
| Landlord Duties (Habitability) | Maryland Code, Real Property § 8-211 |
| District Court Jurisdiction | Maryland Code, Courts § 4-501 |
| Appeal Rights | Maryland 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
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