Maryland Eviction Notice Overview
Maryland does not require a specific pre-filing notice period for non-payment. Under RP Section 8-401, a landlord may file a failure to pay rent action immediately once rent is overdue. Maryland does not use a 5-day notice. The state has the lowest eviction filing fees in the nation ($15 to $50). Cases are filed in District Court.
Understanding the correct notice period is critical for Maryland landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Maryland statutory requirements before serving any eviction notice.
Varies (no fixed period)
Actual notice period
$15 - $50
Court filing fee
District
Court type
2-6 Wks
Total process
Why Maryland Uses Varies (no fixed period), Not 5 Days
Important: Maryland Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Maryland. Under RP Section 8-401, the required notice for non-payment of rent is Varies (no fixed period). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct Varies (no fixed period) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Maryland is not among them. The Varies (no fixed period) notice requirement in Maryland applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Maryland law.
If you are a landlord in Maryland, ensure your eviction notice complies with RP Section 8-401 and includes all elements required by District Court. Using our Maryland-specific template ensures you have the correct notice period and statutory language.
Maryland Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Maryland District Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Maryland county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the Varies (no fixed period) period to pay or vacate as required by RP Section 8-401
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in District Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the Varies (no fixed period) clock
How to Serve an Eviction Notice in Maryland
Proper service of the eviction notice is essential under Maryland law. District Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Maryland courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Maryland courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the Varies (no fixed period) period expires without payment or vacancy, file the eviction complaint at the District Court in the jurisdiction where the property is located.
Maryland Eviction Timeline
The eviction process in Maryland follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 2-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the Varies (no fixed period) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Maryland and can expose the landlord to substantial liability.
Maryland Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Maryland. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $15 - $50 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Maryland Eviction Notice
Below is a preview of the Maryland-specific eviction notice using the correct Varies (no fixed period) notice period required by RP Section 8-401.
NOTICE TO PAY RENT OR QUIT
STATE OF MARYLAND
Pursuant to RP Section 8-401
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Maryland Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to RP Section 8-401, you have VARIES (NO FIXED PERIOD) from the date of service to pay the total amount due or surrender possession.
MARYLAND COMPLIANCE
This notice uses the correct Varies (no fixed period) period required by Maryland law under RP Section 8-401. A 5-day notice is not valid in Maryland.