Eviction Notice and Summary Ejectment Complaint Package - Maryland

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))

Required official form: Use the current Maryland Judiciary Form DC-CV-115: https://www.courts.state.md.us/sites/default/files/court-forms/dccv115.pdf. This section is a working aid and does not replace that form.

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.

The total does not include utilities, services, other fees, fines, or court costs. At the tenant's request, promptly provide an itemized accounting of debits and credits—a rental ledger—showing how the amount was calculated.

Date notice provided: [__/__/____]

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

The tenant generally retains the right to redeem before actual execution of the eviction order by paying the past-due amounts determined by the court and court-awarded costs and fees. The right does not apply after three qualifying judgments in the prior 12 months. § 8-401(h).

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

☐ First-class mail with certificate of mailing
☐ Affixed to the door of the leased Premises
☐ Electronic delivery at the tenant's request: ☐ Email ☐ Text ☐ Tenant portal

For tenant-portal delivery, retain proof that permits verification of the transmission.

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, or written stated term longer than one week — generally at least 60 days' written notice before expiration under § 8-402(c)(2)(i).
☐ Year-to-year residential — generally at least 90 days' written notice before the end of the current tenancy year under § 8-402(c)(2)(ii).
☐ Week-to-week — generally 7 days if the lease is written, or 21 days if unwritten, under § 8-402(c)(2)(iv).
☐ A narrow § 8-402(c)(4) foreclosure-notice exception applies; identify the qualifying facts and use its 30-day month/week or 60-day year-to-year period: [DETAILS].
☐ Mobile home park resident — use the separate grounds and, for a violation, the at-least-30-day written notice under § 8A-1101; describe the permitted ground and attach the specific notice: [DETAILS].
☐ 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: [________________________________]

Your lease dated [__/__/____] is for an unexpired stated term, and its section [NUMBER AND TEXT] permits the landlord to seek repossession before expiration for a tenant breach. You are in violation of the lease as follows:

[________________________________]

The landlord desires to repossess the leased premises under Md. Code, Real Property § 8-402.1. This is a ☐ 30-day written notice for an ordinary lease breach ☐ 14-day written notice for conduct by the tenant or a person on the property with the tenant's consent that demonstrates a clear and imminent danger of serious harm to a person or property identified in § 8-402.1(a)(1)(i)2B.

Specific facts supporting the 14-day danger route, if selected: [ACTS, DATES, CONSENT IF ANOTHER PERSON ACTED, AND WHY SERIOUS HARM IS CLEAR AND IMMINENT / NOT APPLICABLE]

Notice period ends (at least 30 or 14 days after this notice is given, as selected above): [__/__/____]. The landlord asks you to comply with the lease. Any cure terms in the lease or separately offered by the landlord are: [IDENTIFY / NONE]. Section 8-402.1 does not itself give an automatic cure period. After the notice period, if you refuse to comply, the landlord may file a breach-of-lease complaint. A court must decide whether a substantial breach warrants eviction; this notice does not itself terminate the lease or order surrender.

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 If local law requires a rental license, plead supporting facts under Md. Code, Real Property § 8-406: ☐ Licensed — number [________], issuer [________], expiration [__/__/____] ☐ Exempt — basis [________] ☐ Unlicensed for a reason listed in § 8-406(c)(1)(iii), (iv), or (v) — facts [________]. Section 8-406 does not govern an action under § 8-402.1(a)(1)(i)2B.

3.2 If this is affected rental property built before 1978 and no § 6-803(b) exemption applies, lead risk-reduction compliance report or certificate number: [____________].

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 after trial, subject to any valid extension or timely redemption (§ 8-401(e)(3)-(4), (h));
(e) If the tenant does not comply with the possession order within seven (7) days, issue a warrant of restitution on Plaintiff's later request, subject to any stay and the tenant's right to redeem before actual execution (§ 8-401(f)(1)(i), (h)); 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 notice period required for the selected tenancy and ground in Part A-2 was [____] days. The notice was served on [__/__/____], the tenancy expired on [__/__/____], and that required period has elapsed. 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 unexpired stated-term lease (Exhibit A) contains the following provision permitting repossession before expiration for breach: [____________].

3.2 Defendant breached the lease by: [________________________________].

3.3 The alleged breach is ☐ substantial and warrants eviction ☐ involves a clear and imminent danger of serious harm by the tenant or a person on the property with the tenant's consent (14-day notice). Facts: [____________].

4. Notice.

4.1 On [__/__/____], Plaintiff gave Defendant written notice (Exhibit B) of the alleged lease violation and Plaintiff's desire to repossess the premises.

4.2 The notice period (☐ 30 days ☐ 14 days) has expired, and Defendant has refused to comply with the lease. Facts showing refusal: [____________].

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]. For a § 8-401(c) notice, select only one of the three methods identified for that notice below:

☐ First-class mail with certificate of mailing
☐ Affixed to the door of the leased Premises
☐ Electronic delivery at the tenant's request: ☐ Email ☐ Text ☐ Tenant portal
☐ Other method applicable to a § 8-402 or § 8-402.1 notice: [____________]

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

• Pre-filing notice and court fees. HB 18 became Chapter 746 of 2021 and added the 10-day failure-to-pay-rent notice in § 8-401(c); its chapter number and the filing surcharge are separate matters. The Maryland Judiciary's March 2026 DCA-109 schedule lists a $50 summary-ejectment filing fee outside Baltimore City and $60 in Baltimore City, plus listed service fees. Confirm the current schedule 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." A tenant generally may redeem before actual execution of the eviction order by tendering the court-determined past-due amounts and court-awarded costs and fees. The right does not apply after three qualifying judgments in the prior 12 months. § 8-401(h).
• 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 timing. If the tenant does not comply with the possession order within 7 days, the court shall issue the warrant after that period, subject to § 8-407 and any stay. Redemption can remain available until actual execution. § 8-401(f)(1)(i), (h).
• Warrant of restitution. For residential property under §§ 8-401, 8-402, or 8-402.1, § 8-407(b) generally requires notice at least 6 days before the sheriff's scheduled repossession date, using first-class mail with certificate of mailing, door posting with a date-stamped photograph, and electronic notice if the tenant's e-mail address or cellphone number is known. Section 8-407(e) permits local variation. Anne Arundel County requires at least 14 days for evictions scheduled on or after July 1, 2026; check the local rule for the property.
• Operating license. Where local law requires a rental license, plead and prove current licensure, an exemption, or one of the limited unlicensed-property grounds in § 8-406(c)(1)(iii)–(v). Section 8-406 excludes the serious-danger breach action under § 8-402.1(a)(1)(i)2B. McDaniel v. Baranowski, 419 Md. 560 (2011), held that an unlicensed landlord in a licensing jurisdiction could not use § 8-401 summary ejectment on the facts before the court.
• Lead-paint registration. Rental property built before 1978 is "affected property" under Environment § 6-801(b)(1)(ii), subject to the applicable registration and risk-reduction duties unless § 6-803(b) exempts it. Check the property's status before filing; failure to comply can bar summary ejectment.
• Local variations. Check the property jurisdiction for additional eviction requirements, including any different scheduled-eviction notice period allowed by § 8-407(e).
• Eviction record shielding. Under Md. Code, Real Property § 8-503(b)(1), the District Court shields failure-to-pay-rent case records within 60 days after final resolution if the case did not result in a judgment of possession. Section 8-216 prohibits self-help lockouts and similar acts.
• 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

☐ Documented current rental license, exemption, or a specific § 8-406(c)(1)(iii)–(v) ground where local licensing applies
☐ Confirmed lead-paint registration and risk-reduction compliance for affected pre-1978 rental property, or documented a § 6-803(b) exemption
☐ 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
☐ Checked the current Judiciary DCA-109 schedule for the applicable filing and service fees
☐ 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
☐ Applied the correct § 8-402(c) notice period and checked applicable local rules
☐ 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, 8-503.
• Md. Code, Real Property § 7-105.6 (post-foreclosure occupants).
• 2021 Md. Laws, Ch. 746 (HB 18) (access to counsel and pre-filing notice); Maryland Judiciary DCA-109 (current District Court fees).
• Md. Rule 3-711 (landlord-tenant procedure); Md. Code, Real Property § 8-407 (scheduled eviction notice).
• 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.