Maryland Eviction Defense Guide

Facing Eviction in Maryland?

Maryland has two distinct eviction proceedings: Failure to Pay Rent (FTPR) and Holding Over. Both are heard in District Court. Understanding notice requirements, tenant defenses, and the rent escrow remedy can protect your housing.

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Maryland's Two Types of Eviction Proceedings

Failure to Pay Rent (FTPR)

Md. Code Real Prop. § 8-401

Filed when a tenant owes rent. No advance written notice required — the landlord can file immediately after rent is due and unpaid. The summons sets a court date within 5 business days. The tenant can stop the eviction by paying all rent owed plus court costs before the warrant is executed.

•No advance notice required
•Court date within 5 business days
•Tenant can pay to stop eviction at any time before lockout

Holding Over / Breach of Lease

Md. Code Real Prop. § 8-402

Filed when the tenant remains after lease expiration or for lease violations. For month-to-month tenancies, the landlord must give one month's written notice before filing. For lease violations, a notice to vacate is required before filing.

•One month notice for month-to-month
•30-day notice for week-to-week
•30-day notice for lease violations

Maryland District Court Eviction Process

Landlord files in District Court

The landlord files the complaint (DC/CV 82 for FTPR, DC/CV 70 for Holding Over) in the District Court for the county where the property is located. Filing fee: $15 (FTPR) or $46 (Holding Over/Breach).

Summons served on tenant

A court commissioner issues a summons with the hearing date (typically 5 business days for FTPR; longer for Holding Over). Service is by constable or sheriff — the landlord cannot serve the tenant.

Appear at District Court hearing

At the hearing, you can: (1) pay all rent owed (FTPR) to dismiss the case, (2) present defenses, (3) request a continuance if you need time. You do NOT have to file a written answer in Maryland — you may appear and defend orally at the hearing.

If judgment enters against you

A judgment for possession is entered. You have 4 days to appeal by filing in the Circuit Court and paying a bond (or requesting bond waiver if low-income). If no appeal, the landlord requests a "warrant of restitution" after 4 days.

Warrant of Restitution

After 4 days, the landlord can request a warrant (DC/CV 56). The constable or sheriff posts notice and schedules the lockout. Typically 2–5 days after the warrant is issued. You must vacate by the posted date.

Key Defenses for Maryland Tenants

Rent Was Paid

If you paid the rent, bring proof — money order receipts, bank records, cancelled checks. The landlord must prove rent was unpaid at the time of filing.

Rent Escrow — Unfit Conditions

Under Md. Code Real Prop. § 8-211, if the landlord failed to repair dangerous conditions after written notice, you may pay rent into court escrow rather than to the landlord. The court may reduce or abate rent.

Retaliatory Eviction

Under § 8-208.1, if the eviction is filed within 60 days of a complaint to a housing inspector or other exercise of tenant rights, it is presumed retaliatory. The landlord must rebut this presumption.

Defective Notice

For Holding Over cases, improper or insufficient notice (wrong length, not in writing, not properly delivered) is a complete defense.

Landlord Not Licensed

In some Maryland counties (Baltimore City, Prince George's, Montgomery, Anne Arundel), a landlord must be licensed. An unlicensed landlord may not maintain an eviction action.

Lead Paint Violation (Baltimore City)

Baltimore City requires lead paint registration for pre-1978 properties. Non-compliance may be a defense in eviction proceedings.

Rent Escrow — Your Most Powerful Defense (§ 8-211)

Maryland's rent escrow law is one of the strongest tenant remedies in the country. If your landlord has failed to maintain the property in habitable condition, you can petition the District Court to pay your rent into escrow until repairs are made.

How Rent Escrow Works

You must have given the landlord written notice of the defective condition AND at least a reasonable time to repair (or 30 days, whichever is less)

File a rent escrow petition (DC/CV 83) in District Court and pay the disputed rent to the court clerk — not to the landlord

The court schedules a hearing. You must continue paying rent into escrow each month during the proceeding

If the court finds conditions warranting escrow, it may: order repairs, reduce rent, authorize the tenant to repair and deduct, or terminate the lease

Conditions that qualify include: lack of heat/hot water, serious structural defects, rodent/pest infestation, mold, lead paint hazards

Free Legal Help in Maryland

Maryland Legal Aid

410-539-5340

Free legal help for low-income tenants statewide including Baltimore and Prince George's County

CASA de Maryland

301-431-4185

Legal services for immigrants and low-income residents in PG County and Montgomery County

Community Legal Services of PG County

301-864-8354

Free civil legal help including housing in Prince George's County

Bay Area Legal Services (Baltimore)

410-385-1510

Housing defense for Baltimore City and County tenants

Maryland Bar Pro Bono Center

mdprobonolaw.org

Pro bono referrals statewide

District Court Self-Help Centers

mdcourts.gov

Self-help resources in District Courts across Maryland

Respond to Your Eviction

Maryland Eviction Defense Documents

Get a complete Maryland eviction defense packet — tenant defenses checklist, rent escrow petition (DC/CV 83), appeal instructions, and plain-English guide to Maryland District Court.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.