Eviction Notice and Summary Ejectment Complaint Package

EVICTION NOTICE AND SUMMARY EJECTMENT PACKAGE — MARYLAND

TABLE OF CONTENTS

1. Part A — Pre-Filing Notice
2. Part B — District Court Complaint
3. Part C — Summons / Trial Notice
4. Part D — Affidavit of Service of Notice
5. Maryland Practice Notes
6. Pre-Filing Checklist
7. Sources and References

PART A — PRE-FILING NOTICE

A-1. Ten-Day Notice of Intent to File Failure-to-Pay-Rent Complaint (§ 8-401(c)(1))

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________] (street address, unit, city, [____________] County / Baltimore City, Maryland, ZIP)

FROM: [LANDLORD FULL LEGAL NAME], [LANDLORD MAILING ADDRESS]

DATE OF NOTICE: [__/__/____]

NOTICE IS HEREBY GIVEN, pursuant to Md. Code, Real Property § 8-401(c), that the landlord intends to file a Complaint for Failure to Pay Rent in the District Court of Maryland for [____________] County / Baltimore City unless the rent and late fees set forth below are paid within TEN (10) DAYS after this notice is provided to you.

Cure deadline: [__/__/____] (10 days after receipt)

Payment instructions: Tender payment to [LANDLORD / AGENT] at [____________] by certified funds or method specified in the lease.

You retain the right to redeem the tenancy by tendering all rent, late fees, and court costs at any time before a judgment is entered (or before the warrant of restitution issues, where applicable) pursuant to § 8-401(g).

Method of service of this notice (check all used):

☐ First-class mail to tenant at the Premises
☐ Hand delivery to tenant
☐ Hand delivery to an adult occupant at the Premises
☐ Conspicuous posting at the leased Premises
☐ Electronic delivery (if expressly authorized in writing by tenant)

Landlord / Agent signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

A-2. Notice to Quit — Tenant Holding Over (§ 8-402)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Pursuant to Md. Code, Real Property § 8-402, you are notified that your tenancy is terminated and you must vacate the Premises on or before [__/__/____].

Tenancy type / notice period (select):

☐ Month-to-month residential — at least one (1) month's written notice (longer in Montgomery County: 60 days; Baltimore City may impose additional rules)
☐ Year-to-year residential — at least three (3) months' written notice
☐ Mobile home park lot — at least ninety (90) days' written notice
☐ Other (specify): [____________]

If you do not vacate by the date stated above, the landlord will file a Tenant Holding Over complaint under § 8-402 and seek possession, damages equal to the apportioned rent for the period of holding over, costs, and reasonable attorney's fees as authorized by lease or statute.

Landlord signature: [________________________________] Date: [__/__/____]

A-3. Thirty-Day Notice of Breach of Lease (§ 8-402.1)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

You are in breach of the lease in the following respect(s) (with reasonable particularity):

[________________________________]

Pursuant to Md. Code, Real Property § 8-402.1, your tenancy is terminated effective [__/__/____], which is at least thirty (30) days after the date of this notice. (☐ Fourteen (14) days where the breach involves a clear and imminent danger of the tenant doing serious harm to themselves, others, the property, or the landlord's property.)

The notice may not be cured unless the lease so provides. If you do not vacate by the termination date, the landlord will file a Breach-of-Lease complaint under § 8-402.1.

Landlord signature: [________________________________] Date: [__/__/____]

Service of Notice (All Forms)

Method of service used: [____________]
Date of service: [__/__/____] Time: [____]
Person who served: [________________________________]

PART B — DISTRICT COURT COMPLAINT

Caption (All Variants)

DISTRICT COURT OF MARYLAND FOR [____________] COUNTY / BALTIMORE CITY

Case No. [________________________________]

Located at: [________________________________]

B-1. COMPLAINT — FAILURE TO PAY RENT (§ 8-401)

(Use DC-CV-082 (Failure to Pay Rent — Landlord's Complaint for Repossession of Rented Property) for the official form; the following mirrors required content.)

1. Parties.

1.1 Plaintiff [LANDLORD NAME] is the ☐ owner ☐ duly qualified agent / attorney of the Premises.

1.2 Defendant [TENANT NAME] is the tenant in possession pursuant to a ☐ written ☐ oral lease.

2. Premises and Lease.

2.1 The Premises are located at: [________________________________].

2.2 Monthly rent: $[________], due on the [____] day of each month.

2.3 Lease type: ☐ Month-to-month ☐ Fixed term: [__/__/____] to [__/__/____].

2.4 Security deposit: $[________].

3. Rental License / Lead Inspection (where required).

3.1 Rental license number (if required by jurisdiction): [____________], issued by [____________], expiration [__/__/____]. (Md. Code, Real Property § 8-406.)

3.2 If property constructed before 1978 in Maryland, lead-inspection certificate number per § 6-815 of the Environment Article: [____________].

3.3 Property registered with Maryland Department of the Environment (where required): ☐ Yes — Tracking No. [____________] ☐ N/A.

4. Pre-Filing Notice (§ 8-401(c)).

4.1 On [__/__/____], Plaintiff provided Defendant with a written notice of intent to file (attached as Exhibit B) at least ten (10) days before this Complaint was filed.

4.2 Method of providing notice: [____________].

5. Rent Due.

5.1 Rent and late fees due as of the filing date:

5.2 Amount of rent due for each rental period: $[________]; day rent is due: [____]; late fees per § 8-208(d): [____________].

6. Prayer for Relief.

WHEREFORE, Plaintiff requests that the Court:

(a) Enter judgment for possession of the Premises;
(b) Award rent and late fees in the amount set forth in paragraph 5.1;
(c) Award court costs;
(d) Order the tenant to surrender possession within four (4) days of judgment unless redeemed (§ 8-401(g));
(e) Issue, on Plaintiff's request, a warrant of restitution after the redemption period (§ 8-401(e)(iii)); and
(f) Grant such other relief as is just.

7. Verification.

I solemnly affirm under penalty of perjury and on personal knowledge that the contents of this Complaint are true.

Signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

B-2. COMPLAINT — TENANT HOLDING OVER (§ 8-402)

1. Parties. (Same as B-1, paragraphs 1.1–1.2.)

2. Premises and Lease. (Same as B-1, paragraphs 2.1–2.4.)

3. Notice to Quit.

3.1 On [__/__/____], Plaintiff served Defendant with a written notice to quit (Exhibit A) terminating the tenancy effective [__/__/____].

3.2 Method of service: [____________].

3.3 The required notice period (☐ 1 month ☐ 60 days [Montgomery] ☐ 3 months [year-to-year] ☐ 90 days [mobile home lot]) has expired and Defendant has unlawfully held over.

4. Damages.

5. Prayer for Relief.

WHEREFORE, Plaintiff prays the Court:

(a) Enter judgment for possession of the Premises;
(b) Award the damages set forth in paragraph 4;
(c) Issue a warrant of restitution; and
(d) Grant other relief as just.

6. Verification. (Same form as B-1, paragraph 7.)

B-3. COMPLAINT — BREACH OF LEASE (§ 8-402.1)

1. Parties. (Same.)

2. Premises and Lease. (Same.)

3. Lease Provision Breached.

3.1 The lease (Exhibit A) contains the following provision permitting termination for breach: [____________].

3.2 Defendant breached the lease by: [________________________________].

3.3 The breach is ☐ substantial and warrants eviction ☐ involves a clear and imminent danger of the tenant doing serious harm to self, others, or property (14-day notice).

4. Notice.

4.1 On [__/__/____], Plaintiff served Defendant with a written notice (Exhibit B) specifying the breach with reasonable particularity and terminating the tenancy effective [__/__/____].

4.2 The notice period (☐ 30 days ☐ 14 days) has expired and Defendant has not vacated.

5. Prayer for Relief.

(a) Judgment for possession;
(b) Court costs and attorney's fees as authorized;
(c) Warrant of restitution; and
(d) Such other relief as just.

6. Verification. (Same.)

PART C — SUMMONS / TRIAL NOTICE

DISTRICT COURT OF MARYLAND FOR [____________] COUNTY / BALTIMORE CITY

Case No. [________________________________]

SUMMONS / TRIAL NOTICE

TO: [DEFENDANT NAME], [DEFENDANT ADDRESS]

A complaint has been filed against you. You are SUMMONED to appear before the District Court of Maryland to show cause why the relief demanded should not be granted.

Trial date: [__/__/____] Time: [____] Courtroom: [____]
Court address: [________________________________]

For Failure-to-Pay-Rent complaints, the trial shall be held on the fifth day after filing of the Complaint. § 8-401(b)(4)(i).

Service shall be made by:

☐ First-class mail to the tenant
☐ Personal service on the tenant, an authorized agent, or any adult occupant on the Premises (if personal service is requested)
☐ Conspicuous posting on the Premises (§ 8-401(b)(5))

Note: Posting plus first-class mail is sufficient service to support a default judgment for possession and costs, but personal service is required to support a default judgment for the amount of rent due. § 8-401(b)(5)(ii).

Clerk: [________________________________] Date issued: [__/__/____]

Return of Service

☐ Personal service on [____________] on [__/__/____]
☐ First-class mail to Defendant on [__/__/____]
☐ Conspicuous posting at Premises on [__/__/____] at [____]
☐ Other: [____________]

Sheriff / Constable: [________________________________] Date: [__/__/____]

PART D — AFFIDAVIT OF SERVICE OF NOTICE

STATE OF MARYLAND
COUNTY / CITY OF [____________]

I, [AFFIANT NAME], solemnly affirm under penalty of perjury and on personal knowledge that:

1. I am over eighteen (18) and competent to testify.

2. On [__/__/____] at approximately [____], I provided a true and correct copy of the Notice (☐ § 8-401(c) 10-day notice ☐ § 8-402 quit notice ☐ § 8-402.1 breach notice) attached as Exhibit 1 to [TENANT NAME] by:

☐ Personal delivery to tenant
☐ Delivery to an adult occupant: [____________]
☐ Conspicuous posting at the main entrance of the Premises
☐ First-class mail to tenant at the Premises
☐ Electronic delivery (where authorized in writing by tenant)

3. The Premises served are: [________________________________].

Affiant signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]
Commission expires: [__/__/____]

MARYLAND PRACTICE NOTES

• HB 18 (Ch. 745, 2021) reforms. Effective October 1, 2021, the Maryland District Court filing fee for Failure-to-Pay-Rent complaints increased from $8 to $43. The law also added a mandatory pre-filing written notice of the landlord's intent to file (at least 10 days), codified at § 8-401(c). Confirm current fee with the District Court before filing.
• Trial on the fifth day. District Court must set trial on the fifth day after filing for Failure-to-Pay-Rent complaints. § 8-401(b)(4).
• Service. Posting plus first-class mailing supports a default judgment for possession and costs only. Personal service is required to support a money judgment for rent.
• Redemption / right to "pay and stay." Tenant may redeem the tenancy by tendering all rent, late fees, and court costs before the warrant of restitution executes. § 8-401(g). Redemption is barred where the landlord obtains a "Foreclosure of Right of Redemption" based on three prior judgments in 12 months (or four in 24 months).
• Surrender period. Court typically orders tenant to surrender within 4 days of judgment; a physician's certificate may extend up to 15 days for medical hardship. § 8-401(e)(4).
• Warrant of restitution. After issuance, landlord must give tenant at least 6 days' written notice before eviction date (Md. Rule 3-712).
• Operating license. A landlord must hold any required rental operating license to invoke summary ejectment. McDaniel v. Baranowski, 419 Md. 560 (2011).
• Lead-paint registration. For properties built before 1978, landlord must register, inspect, and certify per Title 6, Subtitle 8 of the Environment Article. Failure can bar summary ejectment.
• Local variations. Montgomery County, Baltimore City, Prince George's County, and Howard County have additional protections (e.g., longer holdover notice in Montgomery; Baltimore "Access to Counsel" program; just-cause eviction in some jurisdictions). Confirm local rules.
• Eviction record shielding. Md. Code, Real Property § 8-216 provides for shielding of certain non-judgment landlord-tenant case records.
• Post-foreclosure occupants. § 7-105.6 requires 90-day notice to bona fide residential tenants after foreclosure.
• Non-attorney representation. Property managers and agents may represent landlords in summary ejectment; corporations may proceed in District Court under specific rules (Md. Code, Bus. Occ. & Prof. § 10-206). Confirm current limits.

PRE-FILING CHECKLIST

☐ Confirmed rental operating license is current (where required)
☐ Confirmed lead-paint registration and certificate (pre-1978 properties)
☐ Served § 8-401(c) 10-day pre-filing notice (FTPR cases)
☐ Documented method and date of service
☐ Itemized rent, late fees, and any utility offsets
☐ Calculated $43 (HB 18) filing fee and any service costs
☐ Identified all known occupants
☐ Selected correct cause of action (§ 8-401 / § 8-402 / § 8-402.1)
☐ Attached lease (or pleaded oral terms)
☐ Confirmed venue (District Court for county where Premises located)
☐ No bankruptcy / SCRA / federal moratorium stay applies
☐ For year-to-year or Montgomery County tenancies, verified extended notice
☐ For redeem-bar requests, verified prior judgment count

SOURCES AND REFERENCES

• Md. Code, Real Property §§ 8-401, 8-402, 8-402.1, 8-208, 8-216, 8-406.
• Md. Code, Real Property § 7-105.6 (post-foreclosure occupants).
• 2021 Md. Laws, Ch. 745 (HB 18) (filing fee, pre-filing notice).
• Md. Rules 3-711, 3-712 (landlord-tenant procedure; warrant of restitution).
• Maryland District Court forms: DC-CV-082 (FTPR Complaint), DC-CV-081 (Warrant of Restitution), DC-CV-080 (Tenant Holding Over Complaint), DC-CV-085 (Breach of Lease Complaint). Verify current versions.
• McDaniel v. Baranowski, 419 Md. 560 (2011).
• Maryland People's Law Library — Failure to Pay Rent.