NOTICE OF INTENT TO FILE FAILURE TO PAY RENT ACTION
(Maryland)
[// GUIDANCE: Maryland landlord-tenant law is governed by the Maryland Real Property Code, §§ 8-401 et seq. IMPORTANT: Maryland has unique eviction procedures. For nonpayment of rent, a landlord may file a "Failure to Pay Rent" action in District Court once rent is past due. Generally, NO advance notice to the tenant is required before filing. However, many landlords provide notice as a courtesy and to encourage payment. Montgomery County and some other jurisdictions have additional local requirements. This notice is a COURTESY notice to inform the tenant and demand payment before filing suit. Verify current requirements and local ordinances before use.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Maryland [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
County: [COUNTY NAME]
NOTICE OF INTENT TO FILE FAILURE TO PAY RENT ACTION
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that rent is past due on the above-described premises.
AMOUNT DUE
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (if applicable per lease) | $[AMOUNT] |
| Prior Balance (if any) | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[TOTAL] |
DEMAND FOR PAYMENT
DEMAND IS HEREBY MADE that you pay the total amount due within [SPECIFY DAYS, e.g., 10 DAYS] from the date of this notice.
If payment is not received by [DATE], the Landlord intends to file a FAILURE TO PAY RENT action against you in the District Court of Maryland pursuant to Maryland Real Property Code §§ 8-401 et seq.
MARYLAND FAILURE TO PAY RENT PROCESS
Please be aware of the following regarding Maryland's Failure to Pay Rent process:
-
Court Filing: If rent remains unpaid, the landlord may file a Failure to Pay Rent complaint in District Court. You will be served with a summons to appear in court.
-
Court Hearing: At the hearing, if the court finds rent is owed, a judgment for possession may be entered. You will have the opportunity to present defenses.
-
Right to Redemption: Under Maryland law, you may "redeem" the property (stop the eviction) by paying ALL rent due, court costs, and any late fees before the eviction is actually carried out by the sheriff. See Md. Real Prop. Code § 8-401(c).
-
Warrant of Restitution: If judgment is entered and you do not redeem, the landlord may obtain a Warrant of Restitution, and the sheriff will execute the eviction.
PAYMENT INSTRUCTIONS
Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]
Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Maryland [ZIP CODE]
[PHONE NUMBER]
IMPORTANT LEGAL NOTICES
-
Right to Redeem: Under Md. Real Prop. Code § 8-401(c), you have the right to redeem the premises at any time before actual eviction by paying all rent, late charges, and court costs owed.
-
Montgomery County Residents: If the property is in Montgomery County, additional notice requirements may apply under the County's landlord-tenant laws. Verify local requirements.
-
Baltimore City Residents: Baltimore City may have additional tenant protection requirements.
-
Rent Escrow: If there are serious and dangerous defects in the property affecting health or safety, you may be entitled to pay rent into a court escrow account under Md. Real Prop. Code § 8-211. This does not apply to ordinary maintenance issues.
-
Warranty of Habitability: Maryland law requires landlords to maintain rental premises in habitable condition. You may have defenses if there are serious code violations.
-
Retaliation Prohibited: Md. Real Prop. Code § 8-208.1 prohibits landlords from retaliating against tenants who exercise their legal rights.
-
Security Deposit: Your security deposit is governed by Md. Real Prop. Code § 8-203.
-
Rental Assistance: You may be eligible for emergency rental assistance. Contact:
- Maryland Department of Housing and Community Development
- Local community action agencies -
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.).
-
Legal Assistance: For legal help, contact:
- Maryland Legal Aid: (410) 539-5340 or mdlab.org
- Pro Bono Resource Center of Maryland: (410) 837-9379
- Maryland State Bar Lawyer Referral: (800) 492-1964
RESERVATION OF RIGHTS
This notice is provided as a courtesy and is not required by Maryland law for filing a Failure to Pay Rent action. This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Notice was provided to the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to Tenant
☐ Leaving at dwelling unit
☐ First-class mail
☐ Certified mail, return receipt requested
☐ Email (if agreed to by tenant)
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Maryland [ZIP CODE]
Telephone: [PHONE NUMBER]
PROOF OF SERVICE
Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service: [DESCRIBE METHOD USED]
This notice is intended as a courtesy notice prior to filing a Failure to Pay Rent action under Maryland Real Property Code § 8-401 et seq. Maryland generally does not require pre-suit notice for nonpayment actions, but local jurisdictions may have additional requirements. This template does not constitute legal advice. Consult a licensed Maryland attorney for guidance specific to your situation.