How can you save money and minimize legal risk when it comes to evictions? By knowing how to do it right.

1. MARYLAND
RENT COURT &
EVICTIONS
BALTIMORE REAL ESTATE INVESTORS ASSOCIATION
BRIAN WOJCIK
DIYREALTY INC.
240-428-6904
REVÉE M. WALTERS
OFFIT KURMAN
240-507-1768
PRESENTED BY:

2. AN ILLEGAL EVICTION IS CRIMINAL

3. LEGAL PERSPECTIVE VS. RISK
MANAGEMENT
• Disclaimer
• This content offers some legal information based on the
Annotated Code of Maryland, Real Property Article, Title 8:
Landlord and Tenant. This information is not meant to
constitute legal advice. We make every effort to ensure the
accuracy of the information and to clearly explain your options;
however, we cannot provide legal advice or specifically apply
the law to your individual circumstances. For legal advice, you
should consult with an attorney.
• Emphasis on Procedure rather than Statute

4. • 82% of renters and 76% of landlords lack
understanding of laws on security deposits, credit and
background checks.
• 77% of renters and 69% of landlords lack
understanding of privacy and access rights.
• 62% of renters and 50% of landlords lack
understanding of laws on early lease termination.
ZILLOW SURVEY STATISTICS

5. EVICTION COST TO LANDLORDS
• Baltimore:
• 6,880 Evictions in 2015
• Assume a $4,000 cost for each = $27M
• Maryland:
• Assume a 3% Eviction rate (median rent : $1,218)
• Assume $3,250 cost for each = $88M statewide, $47M to
Private Landlords
• National:
• Assume a 3% Eviction rate
• Assume $3,250 cost for each = $4B Annually, $2.3B to Private
Landlords

6. RENT COURT/EVICTION BASICS
• What is Rent Court?
• Summary Ejectment Proceedings; Not civil proceedings for
money.
• Types of Evictions
• Non-Payment of Rent
• Tenant Holding Over
• Breach of Lease
• Wrongful Detainer
• Two Step Legal Process to Evict
• Step 1: Complaint in the District Court (in the county in which
property is located)
• Step 2: Petition for Warrant of Restitution

7. COURT EVICTION PROCEDURES
FOR FAILURE TO PAY RENT
• File Complaint for FAILURE TO PAY RENT - LANDLORD'S COMPLAINT
FOR REPOSSESSION OF RENTED PROPERTY
• Get the court date/appear in court (prepared to present evidence on
amount due and owing by tenant)
• Sherriff issues a summons (or personal service for a money
judgement)
Judgement Landlord
• Four business days to Pay,
Appeal, or Leave
• Fifth day, file WOR (within 60
days of judgement)
• Judge Signs, delivers to Sheriff
Judgement Tenant
• No ability to refile case; and
no ability to collect on the
amount claimed in lawsuit

8. NON-COURT PROCEDURES
• STEP I: Schedule the Eviction
• *STEP I.V: Landlord Must Notify Tenant of Date of Scheduled Eviction
(Baltimore City Only)
• See our blog post about Notification requirements for Baltimore City Evictions.
• STEP II: Depends on Tenant Actions before Eviction
• STEP III: The Eviction Day
• Provide proof of the required notices. Provide a copy of the notice and certificate of mailing.
(Baltimore City Only: provide a signed affidavit by the person who posted the eviction notice
on the property. Refer to the Baltimore City Sheriff’s Office Landlords: Eviction Procedures
document)
• STEP IV: Property Disposal during the Eviction
• In some jurisdictions, you may need to retain an eviction crew to remove the tenant’s
possessions from the property.
• STEP V: Report illegal activities
• An attempt by the former tenant to gain access to the unit after an eviction should be
reported to the police by calling 911 as a criminal matter.

9. WHAT CAN/WILL PREVENT AN
EVICTION?
• Weekends or Holidays
• Weather: Temperature, Snow, Rain
• Lack of sufficient Personnel on site to dispose of property
• Court Ordered Stay or Delay
• Sheriff Ordered Stay or Delay
• Posting in Baltimore City
• Certificate of mailing receipt, 14 days prior
• Signed Affidavit, 7 days prior
• Address Issues (i.e. address on property doesn’t match address
on warrant of restitution or address no. is removed or illegible)

10. FOUR TYPES OF EVICTIONS
Non-Payment of Rent
Tenant Holding Over
Breach of Lease
Wrongful Detainer

11. NON-PAYMENT OF RENT
Tenant has not paid rent as agreed
• File a Failure to Pay Rent for Repossession (Not a
Money Judgement)
• Give receipts for every payment received
• Keep a detailed ledger
• Always apply payments to the oldest balance first
• Sue for non-payment consistently whenever rent is
late

12. DEFICIENCIES ON A FTP
• Burden of Proof is on the Landlord. Form Certifies:
• Whether a property is affected (Pre-1978)
• Subject to inspection and registration requirements
• Must provide the Inspection Certificate Number
• Certified Lead Free is Exempt
• Verified tenant status through DOD, federal law to search
(Strictly enforced in Montgomery County)
• Property is Licensed
• Property is Registered (Baltimore City)

13. FTP DEFENSES
TENANT
• Pay and stay (3 or 4
times)
• Rent Escrow (Life,
health, or safety)
• Tenant Notice required,
and time to remedy (30
days)
OWNER
• Foreclose right of
Redemption

14. FOUR TYPES OF EVICTIONS
Non-Payment of Rent
Tenant Holding Over
Breach of Lease
Wrongful Detainer

15. TENANT HOLDING OVER
What is it?- When a tenant overstays their welcome!
• Step 1- Lease term must have expired. Send proper
Notice.
• Step 2- At expiration of notice, file COMPLAINT AND
SUMMONS AGAINST TENANT HOLDING OVER
• Step 3- Appear in court to obtain judgment based on
lease expiration and proper notice to tenant
• Step 4- File Warrant of Restitution

16. FOUR TYPES OF EVICTIONS
Non-Payment of Rent
Tenant Holding Over
Breach of Lease
Wrongful Detainer

17. BREACH OF LEASE
What is it? When a tenant fails to abide by material terms in lease!
• Step 1- Issue proper notice to Tenant based on violation of a
specific term of the lease.
• Step 2- At expiration of notice, file COMPLAINT AND SUMMONS
AGAINST TENANT IN BREACH OF LEASE
• Step 3- Appear in court and obtain judgment based on tenant’s
breach. Breach must be (1) substantial and (2) warrant an
eviction.
• Step 4- File Warrant of Restitution

18. FOUR TYPES OF EVICTIONS
Non-Payment of Rent
Tenant Holding Over
Breach of Lease
Wrongful Detainer

19. WRONGFUL DETAINER
What is it? When an unauthorized person is living in your
property!
• Step 1- Determine whether occupant is a tenant or not.
• Step 2- If not a tenant, immediately (and without prior notice)
file a COMPLAINT FOR WRONGFUL DETAINER
• Step 3- Appear in court and obtain judgment based on
unauthorized person’s present in your property. You must prove
(1) ownership of property and (2) occupant residing in property
is not a tenant and is not authorized to be there.
• Step 4- File Warrant of Restitution

20. MONEY JUDGEMENT
What is it? A determination by the court that you are entitled to collect money
from the tenant through garnishments, liens, etc.
• Step 1- Determine accurate amount due from tenant.
• Step 2- File COMPLAINT/APPLICATION AND AFFIDAVIT IN SUPPORT OF
JUDGMENT in civil court
• Step 3- Alternatively, personally serve tenant with your failure to pay rent
complaint (as opposed to posting) and ask rent court for money judgment.
• Step 4- Appear in court to obtain a money judgment based on outstanding
amounts owed by tenant.
• Step 5- record judgment against tenant’s real property; issue garnishments on
banks/employers, etc.

21. AVOID WRONGFUL EVICTIONS
• Don’t sue tenants for non-payment of rent if they are
current with their rent.
• Don’t sue tenants twice for the same month’s rent.
• Dismiss cases against tenants who reach a zero balance
/Do not refuse payments from tenants.
• Don’t evict without court process.
• Prior to taking possession of an “abandoned” property,
take pictures of refrigerator, closets, bedrooms, and
bathrooms as proof.

22. DEALING WITH BAD TENANTS
• If lease term is still in effect, sue them for breach of
lease.
• If lease term is expired, sue them for tenant hold over.
• If bad tenant but tolerable, keep them month to
month only.
• Consistently enforce your rules.

23. COMMON
QUESTIONS/MISNOMERS
• Do I need an attorney?
• It depends. Corporations and claims > $5K
• Don’t take any rent payments!
• Wrong: Take the money!
• How long does the eviction process take?
• Jurisdiction dependent: By the numbers – two to five months

24. Sponsored by:
BRIAN WOJCIK
DIYREALTY INC.
240-428-6904
BRIAN@DIYREALTY.CO
REVÉE M. WALTERS
OFFIT KURMAN
240-507-1768
RWALTERS@OFFITKURMAN.CO
M
QUESTIONS?

25. RENTAL LICENSE OR
REGISTRATION REQUIREMENT:

26. CREW SIZE REQUIREMENTS
Prince Georges County, Howard County, and DC:
Property Type Crew Size
House: 25 person
1 bedroom apartment: 10 person
2 bedroom apartment: 15 person
3 bedroom apartment: 20 person
Tow Truck Yes, one per tenant vehicle
Those are the minimum numbers of persons to be on site and available to work.
Supervisory people won’t be counted toward the required total.