Eviction Complaint — Failure to Pay Rent / Breach of Lease / Tenant Holding Over — Maryland

COMPLAINT AND SUMMONS — LANDLORD'S ACTION FOR REPOSSESSION OF LEASED PREMISES — MARYLAND

(Supplement to Form DC-CV-082 / DC-CV-080 / DC-CV-085)

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Identification of Premises and Tenancy
5. Statutory and Regulatory Compliance Allegations
6. Count I — Failure to Pay Rent (§ 8-401)
7. Count II — Breach of Lease (§ 8-402.1)
8. Count III — Tenant Holding Over (§ 8-402)
9. Damages and Continuing Damages
10. Prayer for Relief
11. Verification
12. Signature and Service Block
13. Exhibits
14. Maryland Practice Notes
15. Sources and References

1. CAPTION

DISTRICT COURT OF MARYLAND FOR [COUNTY] COUNTY

Located at: [COURT ADDRESS]

Case No.: [________________________________]

2. PARTIES

2.1 Plaintiff [LANDLORD NAME] is [☐ an individual residing at ☐ a Maryland limited liability company organized under the laws of Maryland with its principal office at ☐ a foreign entity registered with the Maryland State Department of Assessments and Taxation (SDAT ID [_____]) doing business at] [LANDLORD ADDRESS].

2.2 Plaintiff is the [☐ owner of record ☐ trustee under § 8-208 ☐ authorized agent for owner of record [OWNER NAME]] of the Leased Premises.

2.3 Defendant [TENANT NAME] is an adult who resides at the Leased Premises pursuant to a written lease (or oral month-to-month tenancy) with Plaintiff.

2.4 Defendants [ADDITIONAL TENANTS / OCCUPANTS] are adult occupants of the Leased Premises, named pursuant to Md. Real Prop. § 8-401(b) and § 8-402.1(a).

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction under Md. Code Ann., Cts. & Jud. Proc. § 4-401 (District Court exclusive jurisdiction over landlord-tenant actions) and Md. Real Prop. §§ 8-401, 8-402, 8-402.1.

3.2 Venue is proper in [COUNTY] County under Md. Rule 3-711 because the Leased Premises is located in [COUNTY] County.

4. IDENTIFICATION OF PREMISES AND TENANCY

4.1 Leased Premises:

[FULL STREET ADDRESS, INCLUDING APARTMENT / UNIT NUMBER]
[CITY], [COUNTY] COUNTY, MARYLAND [ZIP]

4.2 Lease: Plaintiff and Defendant entered into a [☐ written lease ☐ oral lease] dated [__/__/____] (the "Lease"). A true and correct copy of the written Lease (if any) is attached as Exhibit A.

4.3 Initial term and renewal: The initial Lease term ran from [__/__/____] through [__/__/____]. The Lease [☐ has been renewed in writing through [__/__/____] ☐ has converted to a month-to-month tenancy under § 8-402(c) ☐ has expired and Defendant is holding over without consent].

4.4 Rent: Defendant is obligated to pay $[________________________________] per [☐ week ☐ month] to Plaintiff, due on the [_____] day of each rental period.

4.5 Lease provision authorizing repossession on breach (if Count II asserted): Section / Paragraph [_____] of the Lease states: "[QUOTE LEASE LANGUAGE]".

5. STATUTORY AND REGULATORY COMPLIANCE ALLEGATIONS

5.1 Rental license / registration (where applicable): The Leased Premises is licensed/registered as a rental property pursuant to [LOCAL ORDINANCE — e.g., Baltimore City Code Art. 13; Mont. Co. Code Ch. 29; PG Co. licensing] under license / registration number [________________________________], issued by [AGENCY], and currently valid through [__/__/____].

5.2 Lead Paint Registration (Md. Envir. § 6-815): The Leased Premises [☐ IS a residential rental property constructed before 1978 and IS currently registered with the Maryland Department of the Environment under tracking number [_____], with current Lead-Free / Limited Lead-Free / Full Risk Reduction certification dated [__/__/____] ☐ IS a property constructed in or after 1978 and is therefore exempt ☐ Other (explain): [________________________________]].

5.3 Trustee disclosure (§ 8-208): Plaintiff has disclosed to Defendant the owner of record / authorized recipient of notices in writing as required by § 8-208.

5.4 Habitability / repair compliance: Plaintiff has maintained the Leased Premises free of dangerous defects and conditions threatening life, health, or safety as required by § 8-211 and applicable local housing codes.

5.5 Anti-retaliation (§ 8-208.1): This action is not brought in retaliation for any protected activity by Defendant.

5.6 Fair Housing Act compliance: This action is not based on Defendant's race, color, religion, sex, disability, familial status, national origin, marital status, sexual orientation, gender identity, source of income, or any other protected characteristic under federal or Maryland Fair Housing Acts (42 U.S.C. § 3601 et seq.; Md. State Gov't § 20-705, § 20-705.1).

5.7 VAWA (34 U.S.C. § 12491): Plaintiff acknowledges VAWA protections and certifies, where applicable to federally subsidized housing, that the asserted basis for eviction is not solely conduct of an abuser against a survivor of domestic violence, dating violence, sexual assault, or stalking.

6. COUNT I — FAILURE TO PAY RENT (§ 8-401)

(Pleaded in the alternative or principally — strike if not asserted)

6.1 Plaintiff incorporates paragraphs 1–5 by reference.

6.2 Defendant has failed to pay rent due under the Lease as follows:

Total rent due as of filing: $[________________________________]

6.3 The amounts above are RENT as defined in the Lease and Maryland law and do NOT include late fees in excess of the 5% statutory cap (§ 8-208(d)(3)), court costs, attorneys' fees, or non-rent charges.

6.4 Just Notice (§ 8-401(c)(1)(i)): On [__/__/____], Plaintiff served upon Defendant a written 10-day notice of intent to file this action, stating the amount of rent due and giving Defendant at least ten (10) days to pay. A true and correct copy of the Notice and proof of service is attached as Exhibit B. More than ten (10) days have elapsed since Defendant's receipt of the Notice, and Defendant has failed to pay the rent due.

6.5 Plaintiff seeks restitution of possession of the Leased Premises, judgment for the unpaid rent identified above, court costs, and (where authorized by Lease and law) attorneys' fees, pursuant to § 8-401.

6.6 Plaintiff acknowledges Defendant's right of redemption (pay-and-stay) under § 8-401(g) until actual execution of the eviction order, subject to the three-judgment exception.

7. COUNT II — BREACH OF LEASE (§ 8-402.1)

(Pleaded in the alternative or principally — strike if not asserted)

7.1 Plaintiff incorporates paragraphs 1–5 by reference.

7.2 Defendant has materially and substantially breached the Lease as follows:

7.2.1 Lease Section [_____] — [TITLE]: [DESCRIBE BREACH WITH DATES, FACTS, WITNESSES].

7.2.2 Lease Section [_____] — [TITLE]: [DESCRIBE BREACH WITH DATES, FACTS, WITNESSES].

7.3 Notice of Breach: On [__/__/____], Plaintiff served upon Defendant a written notice under § 8-402.1 [☐ 30-day notice ☐ 14-day clear-and-imminent-danger notice], identifying the breached Lease provisions and demanding cure or vacatur. A true and correct copy of the Notice with proof of service is attached as Exhibit C.

7.4 More than [☐ 30 ☐ 14] days have elapsed since Defendant's receipt of the Notice. Defendant has failed and refused to cure the breach or to vacate the Leased Premises.

7.5 The breach is substantial and warrants forfeiture of the tenancy under § 8-402.1 and the Lease.

7.6 Plaintiff seeks restitution of possession, damages for breach, court costs, and (where authorized) attorneys' fees.

8. COUNT III — TENANT HOLDING OVER (§ 8-402)

(Pleaded in the alternative or principally — strike if not asserted)

8.1 Plaintiff incorporates paragraphs 1–5 by reference.

8.2 The tenancy of Defendant terminated on [__/__/____] by:

☐ Expiration of the fixed-term Lease without renewal;
☐ Service of a § 8-402(b) notice of termination of periodic tenancy.

8.3 Notice of Termination: On [__/__/____], Plaintiff served upon Defendant a written notice of termination under § 8-402(b), with a Termination Date of [__/__/____]. A true and correct copy of the Notice with proof of service is attached as Exhibit D. The notice period was no fewer than [☐ 7 ☐ 21 ☐ 60 ☐ 90 ☐ 180] days.

8.4 Defendant has unlawfully held over and remains in possession of the Leased Premises after the Termination Date, without Plaintiff's consent.

8.5 Plaintiff seeks restitution of possession and holdover damages under § 8-402(a) at the apportioned rental rate of $[____] per [day/week/month] from [__/__/____] until possession is restored, plus court costs.

9. DAMAGES AND CONTINUING DAMAGES

9.1 Plaintiff has suffered the following damages:

• Past-due rent (Count I): $[____]
• Holdover use-and-occupancy at lease rate (Count III): $[____] per day from [__/__/____]
• Breach damages (Count II) — itemize: [________________________________]
• Court costs: $[____]
• Attorneys' fees (where authorized): $[____]

9.2 Damages continue to accrue at $[____] per [day/month] for each rental period the Defendant remains in possession after termination.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment for restitution of possession of the Leased Premises in favor of Plaintiff and against Defendant;

B. Enter money judgment for past-due rent, holdover use-and-occupancy, and breach damages as proven at trial;

C. Award court costs and (where authorized by Lease and law) reasonable attorneys' fees;

D. Issue a Warrant of Restitution (DC-CV-081) upon expiration of the four (4)-day appeal period under § 8-401(f) (FTPR) or applicable rule for other counts;

E. Grant such other and further relief as justice requires.

11. VERIFICATION

I, [________________________________], am the [☐ Plaintiff ☐ authorized officer or agent of Plaintiff], have personal knowledge of the facts stated in this Complaint, and verify under penalty of perjury that the facts stated above are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________________

Print Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

12. SIGNATURE AND SERVICE BLOCK

Respectfully submitted,

_________________________________________
[ATTORNEY NAME]
Md. Attorney No.: [________________________________]
[FIRM NAME]
[FIRM ADDRESS]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff

13. EXHIBITS

Exhibit A — Lease Agreement
Exhibit B — § 8-401(c) 10-Day Just Notice and Proof of Service (Count I)
Exhibit C — § 8-402.1 30-Day or 14-Day Notice and Proof of Service (Count II)
Exhibit D — § 8-402(b) Notice of Termination and Proof of Service (Count III)
Exhibit E — Lead Paint Registration Certificate (if applicable)
Exhibit F — Rental License / Registration Certificate (if applicable)
Exhibit G — Rent Ledger
Exhibit H — Incident Reports / Photographs / Police Calls (Count II if applicable)
Exhibit I — Trustee / Owner-of-Record Disclosure (§ 8-208)

14. MARYLAND PRACTICE NOTES

14.1 Use the judiciary form. Filing requires the official DC-CV-082 / DC-CV-080 / DC-CV-085 form. This narrative complaint is a supplemental pleading. Attach as a continuation page where the form's space is insufficient or where complex allegations require detail.

14.2 Rocket-docket timing for FTPR. Md. Rule 3-711 requires the summons returnable on the 5th day after filing; trial commonly occurs within 5–15 days. Be prepared with the rent ledger, lease, Just Notice, lead-paint certificate, and license.

14.3 Lead paint is jurisdictional in practical effect. Failure to allege and prove registration/inspection is grounds to dismiss. Confirm MDE registration current as of filing date.

14.4 Trustee disclosure. Identify the owner of record. Trustee status without disclosure has been used to defeat FTPR actions.

14.5 Late fees and improper charges. Late fees over 5% of monthly rent (§ 8-208(d)(3)) are unenforceable and should not be itemized as "rent."

14.6 Source of income / HOME Act. If the tenant uses a Section 8 voucher, Maryland law (§ 20-705.1) prohibits termination based on that fact. Refusal to renew based on source of income is unlawful.

14.7 Right to Counsel notice (Baltimore City). Baltimore City Code Art. 13, Subtitle 6A entitles eligible tenants to counsel. Some Baltimore courts require notice to tenant of the Right to Counsel program at the time of filing or service.

14.8 Local just-cause overlays. Verify Prince George's County Subtitle 13 (rent stabilization / just cause) and Montgomery County Ch. 29 compliance before filing a Tenant Holding Over count.

14.9 HUD-subsidized properties. § 8-401 and § 8-402 must be applied consistently with 24 C.F.R. § 247 (HUD multifamily good cause), § 982 / § 983 (HCV/PBV) — federal good-cause and notice rules govern.

14.10 Appeal stays. A tenant may appeal an FTPR judgment within 4 days (§ 8-401(f); Md. Rule 7-104). A § 8-402 holding-over judgment may be appealed within 10 days. Supersedeas bond under Rule 8-422 may stay execution.

14.11 Warrant of Restitution. Filed on Form DC-CV-081 after the appeal stay expires; expires after 60 days of inaction (§ 8-401(e)).

14.12 No self-help. § 8-216 prohibits lockouts, utility shutoffs, removal of doors. Even after judgment, only the Sheriff may execute the Warrant.

15. SOURCES AND REFERENCES

• Md. Code Ann., Real Prop. § 8-401 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-401
• Md. Code Ann., Real Prop. § 8-402 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402
• Md. Code Ann., Real Prop. § 8-402.1 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-402.1
• Md. Code Ann., Real Prop. § 8-208, § 8-208.1, § 8-211, § 8-216 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText
• Md. Code Ann., Envir. § 6-815 — Lead Risk Reduction in Housing
• Md. Code Ann., State Gov't § 20-705, § 20-705.1 — Md. Fair Housing Act / HOME Act
• District Court of Maryland Forms:
• DC-CV-082 (Failure to Pay Rent) — https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/civil/dccv082np.pdf
• DC-CV-080 (Tenant Holding Over)
• DC-CV-085 / DC-CV-083 (Breach of Lease)
• DC-CV-081 (Warrant of Restitution) — https://www.mdcourts.gov/sites/default/files/court-forms/dccv081_07.2026wm.pdf
• Md. Rule 3-711, Md. Rule 7-104, Md. Rule 8-422
• Maryland People's Law Library — Failure to Pay Rent — https://www.peoples-law.org/failure-pay-rent
• Maryland People's Law Library — Breach of Lease — https://www.peoples-law.org/breach-lease
• Maryland People's Law Library — Holding Over — https://www.peoples-law.org/staying-past-end-lease-holding-over
• Md. Commission on Civil Rights — https://mccr.maryland.gov
• Brooks v. Lewin Realty III, Inc., 378 Md. 70 (2003) (lead-paint warranty)
• Brown v. Southall Realty Co., 237 A.2d 834 (D.C. 1968) (warranty-of-habitability foundation)
• 24 C.F.R. § 247; 24 C.F.R. § 982; 24 C.F.R. § 983
• 42 U.S.C. § 3601 et seq. (Fair Housing Act); 34 U.S.C. § 12491 (VAWA); 50 U.S.C. § 3951 (SCRA)
• Baltimore City Code Art. 13, Subtitle 6A — Right to Counsel — https://legislativereference.baltimorecity.gov
• Mont. Co. Code Ch. 29 — https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-136756
• Prince George's Co. Code Subtitle 13 (Just Cause / Rent Stabilization)

END OF COMPLAINT — MARYLAND LANDLORD'S ACTION FOR REPOSSESSION