Legal Question in Real Estate Law in Maryland

I have a tenant who stop paying rent. Do I need to give five day notice before beginning eviction process?


Asked on 10/10/12, 9:43 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

No, unless there is a provision in the lease which provides for notice in these circumstances. But you need to file an eviction action, get a judgment for possession from the court (along with any rent due if you have the tenant personally served with the court papers) on the court date, then wait a period of time during which the tenant can reinstate himself/herself by paying whatever is due including court costs, failing which you get an order for restitution of the property. You then have to schedule the eviction with the sheriff and hire a private company to actually perform the eviction under the sheriff's supervision. Given all these hoops I suggest you prepare the court papers using the court forms from landlord-tenant court and send them to the tenant telling them that you will be proceeding unless they pay the rent that is due. If you just want them out, tell them if they leave now they will avoid these extra costs and the possibility of losing their personal items in the eviction process.

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Answered on 10/10/12, 11:02 am


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