Notice to Pay or Quit (10-Day Notice of Intent to File Failure to Pay Rent) — Maryland

NOTICE TO PAY OR QUIT — 10-DAY NOTICE OF INTENT TO FILE FAILURE TO PAY RENT COMPLAINT — MARYLAND

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Statutory Authority
3. Identification of Tenancy and Premises
4. Itemization of Rent Due
5. Demand for Payment Within 10 Days
6. Consequences of Non-Payment
7. Tenant Rights and Available Defenses
8. Acceptable Methods of Payment
9. Landlord Contact Information
10. Signature, Date, and Verification
11. Method of Service / Certificate of Delivery
12. Maryland Practice Notes
13. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

TO: [TENANT FULL LEGAL NAME(S)]

AND ALL OTHER OCCUPANTS OF: [DWELLING UNIT STREET ADDRESS, UNIT NUMBER, CITY, MD ZIP]

FROM: [LANDLORD / OWNER FULL LEGAL NAME or AGENT NAME]

DATE OF NOTICE: [__/__/____]

RE: TEN (10)-DAY NOTICE OF LANDLORD'S INTENT TO FILE COMPLAINT FOR FAILURE TO PAY RENT (Md. Code Ann., Real Prop. § 8-401)

2. STATEMENT OF STATUTORY AUTHORITY

This Notice is served upon you pursuant to Maryland Code Annotated, Real Property Article § 8-401(c)(1)(i) (the "Just Notice" statute, enacted by 2021 Md. Laws ch. 503 / HB 18). Under that statute, before a landlord may file a complaint in the District Court of Maryland for failure to pay rent and repossession of leased premises, the landlord MUST provide the tenant with written notice of the landlord's intent to file such a complaint, stating the amount of rent due and giving the tenant at least ten (10) days to pay the amount due.

This Notice satisfies (or is intended to satisfy) that statutory pre-filing requirement.

3. IDENTIFICATION OF TENANCY AND PREMISES

3.1 Premises (the "Leased Premises"):

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

3.2 Lease: Written lease dated [__/__/____] / oral month-to-month tenancy (strike one), between Landlord and Tenant(s) named above.

3.3 Monthly Rent: $[________________________________] per month, due on the [_____] day of each month.

3.4 Lease Term Status: ☐ Within initial term ☐ Holdover / month-to-month after expiration ☐ Renewal term

3.5 Lead Paint Registration / Inspection (residential pre-1978): Landlord certifies that the Leased Premises ☐ IS ☐ IS NOT subject to Md. Code Ann., Envir. § 6-815. If subject, current MDE registration number: [________________________________]; current Lead-Free or Limited Lead-Free / Full Risk Reduction certification on file dated [__/__/____].

4. ITEMIZATION OF RENT DUE

You are in default on the rent owed under your lease. As of the date of this Notice, the following past-due rent is owed (this Notice demands ONLY rent as defined in your lease and Maryland law; it does NOT include late fees, court costs, attorneys' fees, utility charges not classified as additional rent, or other non-rent charges):

TOTAL RENT DUE AND OWING AS OF [__/__/____]: $[________________________________]

5. DEMAND FOR PAYMENT WITHIN 10 DAYS

YOU ARE HEREBY NOTIFIED that you must pay the total amount of rent due — $[________________________________] — within TEN (10) DAYS from the date you receive this Notice.

If you receive this Notice on [__/__/____], the deadline to pay is on or before [__/__/____] (the tenth (10th) day after receipt, not counting the day of receipt).

6. CONSEQUENCES OF NON-PAYMENT

If you fail to pay the full amount of past-due rent listed above within ten (10) days of receiving this Notice, the Landlord intends to:

6.1 File a Complaint and Summons Against Tenant in Failure to Pay Rent (District Court Form DC-CV-082) in the District Court of Maryland for [COUNTY] County, seeking:

• Restitution of possession of the Leased Premises;
• Judgment for rent due, court costs, and (if permitted by lease) attorneys' fees; and
• Issuance of a Warrant of Restitution under § 8-401(e) and District Court Form DC-CV-081.

6.2 The District Court will issue a summons returnable on or about the fifth (5th) day after the complaint is filed (Md. Rule 3-711); trial typically occurs within 5–15 days of filing.

6.3 If judgment is entered for the Landlord, you will have four (4) days to appeal to the Circuit Court (§ 8-401(f); Md. Rule 7-104). After the four-day stay expires, the Landlord may obtain a Warrant of Restitution and the Sheriff may schedule a physical eviction.

6.4 You retain the right of redemption (pay-and-stay) under § 8-401(g): you may avoid eviction at any time before the Sheriff actually executes the eviction by tendering, in cash or certified funds, all past-due rent as determined by the court PLUS all court-awarded costs and fees. This redemption right is forfeited only if three (3) judgments of possession have been entered against you in the preceding twelve (12) months.

7. TENANT RIGHTS AND AVAILABLE DEFENSES

Maryland law guarantees you important rights. You are encouraged to seek legal advice immediately. Free or reduced-fee assistance may be available:

• Maryland Access to Justice / Maryland Legal Aid: 1-866-635-2948 — https://www.mdlab.org
• Maryland Court Help Center: 410-260-1392 — https://mdcourts.gov/legalhelp
• Civil Justice, Inc.: https://civiljusticeinc.org
• Baltimore City Right to Counsel (Access to Counsel in Eviction): Free attorney for income-eligible Baltimore City tenants under Baltimore City Code Art. 13, Subtitle 6A — https://mlsc.org/atce
• Maryland Commission on Civil Rights (housing discrimination / source of income): 1-800-637-6247

Possible defenses to a Failure to Pay Rent action include, without limitation:

• No or defective Just Notice (§ 8-401(c)(1)(i)) — improper or untimely 10-day notice;
• Rent Escrow / Implied Warranty of Habitability (§ 8-211; Brown v. Southall Realty Co., 237 A.2d 834 (D.C. 1968), and Maryland progeny) — serious dangerous defects entitle the tenant to deposit disputed rent into court and offset against the rent claim;
• Retaliation (§ 8-208.1) — if Landlord acted within 6 months after Tenant complained to a public agency, joined a tenant organization, or asserted statutory rights, retaliation is presumed; up to 3 months' rent in damages plus fees;
• Discrimination under the Md. Fair Housing Act (State Gov't § 20-705) including source-of-income discrimination (§ 20-705.1, eff. Oct. 1, 2020 — the "HOME Act") and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.);
• Failure of lead paint registration / inspection (Envir. § 6-815) for pre-1978 residential rentals — may bar FTPR;
• Improper rent charges — late fees over the 5% statutory cap (§ 8-208(d)(3)); non-rent charges miscategorized as rent;
• Security deposit setoff (§ 8-203) — treble damages plus fees may be available against Landlord for excessive deposit or bad-faith withholding;
• Self-help violation (§ 8-216) — lockouts, utility shutoffs, removal of doors;
• VAWA defenses (34 U.S.C. § 12491) for survivors of domestic violence, sexual assault, or stalking in covered housing;
• SCRA protections (50 U.S.C. § 3951) for active-duty servicemembers;
• Local just-cause requirements in Prince George's County (Subtitle 13), Montgomery County (Ch. 29), and Baltimore City Code.

8. ACCEPTABLE METHODS OF PAYMENT

Payment must be tendered in certified funds, money order, cashier's check, or other guaranteed form (or any other method permitted by your lease). Personal checks may be refused at Landlord's discretion. Payment may be made:

• By mail to: [LANDLORD MAILING ADDRESS]
• In person at: [LANDLORD OFFICE ADDRESS], [HOURS]
• By electronic payment portal (only if the tenant has previously elected this method): [PORTAL URL]

Do NOT send cash by mail. Retain receipts and proof of all payments.

9. LANDLORD CONTACT INFORMATION

Landlord / Authorized Agent: [________________________________]
Mailing Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

If a managing agent / trustee is acting on behalf of an owner, identify the owner of record: [________________________________] (disclosure required by § 8-208).

10. SIGNATURE, DATE, AND VERIFICATION

I, the undersigned, certify under penalty of perjury that the rent demanded above is past due and owing under the lease for the Leased Premises and that this Notice is given in good faith pursuant to Md. Code Ann., Real Prop. § 8-401(c)(1)(i).

Signature: _________________________________________

Print Name: [________________________________]

Title / Capacity: ☐ Owner ☐ Authorized Agent ☐ Property Manager / Trustee

Date: [__/__/____]

11. METHOD OF SERVICE / CERTIFICATE OF DELIVERY

I, [________________________________], certify that on [__/__/____], I served this Notice on the Tenant(s) named above by the following method(s) (check all that apply):

☐ First-class U.S. Mail with USPS Certificate of Mailing (PS Form 3817), addressed to the Tenant at the Leased Premises (and any other address listed in the lease)
☐ Conspicuous posting on the front door of the Leased Premises
☐ Hand delivery to Tenant or a person of suitable age and discretion residing at the Leased Premises
☐ Email / text / electronic portal — ONLY if Tenant has previously elected such service in writing under § 8-401(c)(1)(iii) (attach written election)
☐ Other (specify): [________________________________]

Signature of Server: _________________________________________

Print Name: [________________________________]

Date: [__/__/____]

12. MARYLAND PRACTICE NOTES

12.1 The "Just Notice" form. Md. Real Prop. § 8-401(c)(1)(ii) authorizes the Maryland Judiciary to prescribe a uniform form for the 10-day notice. Counsel should confirm — at the time of service — whether the Judiciary has issued (or updated) a mandatory form and use that form if available. This template is intended to comply with the statute pending or in addition to such a form.

12.2 Lead paint compliance is jurisdictional in effect. A landlord's failure to register a pre-1978 property and provide the required tenant notification packet under Md. Envir. § 6-815 is grounds to dismiss the FTPR action. Brooks v. Lewin Realty III, Inc., 378 Md. 70 (2003) (warranty/lead-paint duties); confirm registration before filing.

12.3 Trustee status. If the landlord is acting as trustee, agent, or assignee, § 8-208 requires written disclosure to the tenant of the owner of record or the person authorized to receive notices. A failure of trustee disclosure may be raised as a defense.

12.4 Local overlays — confirm before service:

• Baltimore City: Eviction must comply with Baltimore City Code Art. 13 (housing licensing, lead, registration); Right to Counsel under Subtitle 6A (Council Bill 20-065, fully phased in 2025–2026).
• Montgomery County: Chapter 29 of the County Code (Office of Landlord-Tenant Affairs); see Sec. 29-31 (notice requirements) and the Tenants' Bill of Rights. Bill 7-24 added enhanced notification protections.
• Prince George's County: Subtitle 13 (Just Cause / Rent Stabilization framework) imposes additional cause and notice requirements on covered properties.

12.5 Single-family rental exemption. Some § 8-208 lease provisions (e.g., automatic renewal, certain disclosures) do not apply to leases of single-family dwellings owned by individuals owning fewer than a defined threshold of units. The 10-day FTPR Just Notice requirement, however, applies broadly.

12.6 Pandemic-era and HOMES Act. The HOMES Act (HB 18 / SB 401, 2021) imposed the 10-day notice and increased filing-fee surcharges. Confirm rental-assistance integration and any active local diversion or mediation programs (Baltimore: Eviction Prevention Program; Montgomery County: COVID Rent Relief; Prince George's: Emergency Rental Assistance) before filing — and consider tendering an offer to participate before suit.

12.7 Fair Debt Collection Practices Act. Where the landlord's agent is a debt collector, this Notice may also constitute an initial communication subject to the FDCPA (15 U.S.C. § 1692g); include the validation notice if required.

13. 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. § 8-208 — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp&section=8-208
• Md. Code Ann., Real Prop. § 8-208.1 — https://codes.findlaw.com/md/real-property/md-code-real-prop-sect-8-208-1/
• Md. Code Ann., Real Prop. § 8-211 — https://mgaleg.maryland.gov/2023RS/Statute_Web/grp/8-211.pdf
• Md. Code Ann., Real Prop. § 8-216 — https://law.justia.com/codes/maryland/real-property/title-8/subtitle-2/section-8-216/
• 2021 Md. Laws, HB 18 (Just Notice / 10-day pre-filing requirement)
• District Court of Maryland Form DC-CV-082 (FTPR Complaint) — https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/civil/dccv082np.pdf
• District Court of Maryland Form DC-CV-081 (Warrant of Restitution) — https://www.mdcourts.gov/sites/default/files/court-forms/dccv081_07.2026wm.pdf
• Md. Rule 3-711 (Landlord-Tenant Actions in District Court)
• Maryland People's Law Library — Failure to Pay Rent — https://www.peoples-law.org/failure-pay-rent
• Md. Code Ann., State Gov't § 20-705, § 20-705.1 (Md. Fair Housing Act / HOME Act)
• Md. Commission on Civil Rights — Source of Income Guidance (Aug. 2025) — https://mccr.maryland.gov/Documents/Source%20of%20Income%20Guidance%20(Aug%202025).pdf
• Md. Code Ann., Envir. § 6-815 (Lead-paint registration)
• Baltimore City Code Art. 13, Subtitle 6A (Right to Counsel) — https://legislativereference.baltimorecity.gov
• Montgomery 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)
• Md. Rule 7-104 (Appeal from District Court)
• Brooks v. Lewin Realty III, Inc., 378 Md. 70 (2003)
• Brown v. Southall Realty Co., 237 A.2d 834 (D.C. 1968) (foundational warranty-of-habitability authority)

END OF NOTICE — MARYLAND 10-DAY NOTICE TO PAY OR QUIT (§ 8-401)