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 ☐ 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 registration and inspection statements (Real Prop. § 8-401(b)(2)(vi), if Count I asserted): The Leased Premises [☐ IS an affected property under Envir. § 6-801; registration and renewal under §§ 6-811–6-812 are current, and the inspection certificate number for the current tenancy is [_____] ☐ IS an affected property but the inspection number cannot be provided for the specific access-and-relocation reasons stated in § 8-401(b)(2)(vi)2 [DESCRIBE EACH REQUIRED FACT] ☐ IS NOT an affected property [EXPLAIN]].

5.3 Landlord or service-contact disclosure (§ 8-210(a)): The written lease identifies, or a conspicuous sign at the property lists, the name, address, and telephone number of the landlord or the person authorized to accept notice or service of process on the landlord’s behalf: [DESCRIBE].

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).

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 rent total above excludes all late fees, court costs, attorneys' fees, and other non-rent charges. If the lease authorizes a late fee within the applicable limit of § 8-208(d)(3), Plaintiff separately claims late fees of $[__________], itemized by rental period: [____________________]. Section 8-401(b)(1) permits rent and late fees to be stated and requested separately.

6.4 Pre-filing notice (§ 8-401(c)): On [__/__/____], Plaintiff provided Defendant the current mandatory Maryland Judiciary Form DC-CV-115, stating the past-due rent and lease-authorized late fees claimed. A true and correct copy of the notice and proof of the authorized delivery method are attached as Exhibit B. Ten (10) days have elapsed since Plaintiff provided the notice, and Defendant has not paid the amount claimed.

6.5 Plaintiff seeks restitution of possession of the Leased Premises, judgment for the unpaid rent identified above, separately claimed lawful late fees (if any), 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, unless the court has foreclosed redemption based on the applicable judgment threshold: three qualifying judgments in 12 months, or four qualifying judgments in Baltimore City.

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 gave Defendant or the person in possession a written notice under § 8-402.1 [☐ 30-day notice ☐ 14-day clear-and-imminent-danger notice]. The notice stated the alleged lease violation and Plaintiff's desire to repossess the premises. A true and correct copy with delivery evidence is attached as Exhibit C.

7.4 The applicable [☐ 30-day ☐ 14-day] written notice was given on [__/__/____], and that period has elapsed. Defendant or the person in possession refuses to comply, as shown by these facts: [DESCRIBE THE REMAINING VIOLATION AND POSSESSION].

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 and court costs under § 8-402.1(b)(1).

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(c) notice of termination of periodic tenancy.

8.3 Notice of Termination: On [__/__/____], Plaintiff served upon Defendant a written notice of termination under § 8-402(c), 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 at least [☐ 7 days — week-to-week with a written lease ☐ 21 days — week-to-week without a written lease ☐ 60 days — written stated term over one week or month-to-month ☐ 90 days — year-to-year, except specified farm tenancies ☐ 180 days — other year-to-year farm tenancy], as applicable under § 8-402(c)(2).

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) when permitted after the four-day FTPR appeal period under § 8-401(i), or the applicable period and conditions for another count;

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 — Current DC-CV-115 Notice and Proof of Authorized Delivery (Count I)
Exhibit C — § 8-402.1 30-Day or 14-Day Notice and Proof of Service (Count II)
Exhibit D — § 8-402(c) 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 — Landlord / Service-Contact Disclosure (§ 8-210)

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 FTPR trial setting. Real Prop. § 8-401(b) sets trial for the fifth day after filing the complaint, subject to the court's scheduling and applicable adjournment provisions. Be prepared with the rent ledger, lease, required notices, lead-paint certificate, and license.

14.3 Lead registration and inspection. For an affected property, § 8-401(b)(2)(vi) requires the complaint to state registration and renewal and the inspection certificate number for the current tenancy, or the specific statutory alternative for an unavailable number. Verify those statements before filing.

14.4 Landlord or service contact. Check that the lease or a conspicuous sign supplies the landlord’s or authorized recipient’s name, address, and telephone number under § 8-210(a).

14.5 Late fees and improper charges. Do not include late fees in the rent total. Section 8-401(b)(1) permits a separate late-fee claim, subject to the lease and § 8-208(d)(3)'s limit of 5% of the unpaid rent due for the applicable rental period (with a separate weekly-rent rule). Do not itemize other charges as rent without a specific legal basis.

14.6 Source of income / HOME Act. If the tenant uses a Section 8 voucher, Maryland law (§ 20-705) prohibits termination based on that fact. Refusal to renew based on source of income is unlawful.

14.7 Statewide access to counsel. Under Real Prop. §§ 8-901–8-905, covered individuals throughout Maryland have access to representation in eviction proceedings. Section 8-905 directs the sheriff or constable to provide the program pamphlet with process served in failure-to-pay-rent, holding-over, and breach-of-lease proceedings. Coordinate service so the pamphlet is included.

14.8 Local requirements. Check applicable local notice and tenant-protection rules before filing a Tenant Holding Over count. Prince George's County Subtitle 13 regulates rent increases; it is not a standalone just-cause pleading requirement.

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 party may appeal an FTPR judgment to circuit court within four days under § 8-401(i)(1); a tenant seeking to stay execution must satisfy the bond requirement in § 8-401(i)(2). A § 8-402 holding-over judgment may be appealed within ten days, with the affidavit and bond conditions in that section governing continued possession during appeal.

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. Section 8-216 prohibits lockouts, utility shutoffs, and removal of doors. After judgment, the sheriff or constable executes a warrant of restitution under § 8-407(c), subject to the court's order and applicable notice requirements.

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 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=6-815&enactments=false
• Md. Code Ann., Real Prop. § 8-210 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-210&enactments=false
• Md. Code Ann., Real Prop. §§ 8-901–8-905 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-905&enactments=false
• Md. Code Ann., State Gov't § 20-705 — Md. Fair Housing Act, including source of income: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg&section=20-705&enactments=false
• District Court of Maryland Forms:
• DC-CV-115 (Notice of Intent to File a Complaint for Summary Ejectment) — https://www.courts.state.md.us/sites/default/files/court-forms/dccv115.pdf
• 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 and Md. Rule 7-104; appeal-stay conditions: Real Prop. §§ 8-401(i), 8-402
• 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
• 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 (rent stabilization) — signed CB-055-2024: https://princegeorgescountymd.legistar.com/LegislationDetail.aspx?ID=6711383&GUID=0EC1DFB8-7464-49ED-AE27-BF81B11D587A

END OF COMPLAINT — MARYLAND LANDLORD'S ACTION FOR REPOSSESSION