FAQs about Rent Court and Evictions

"I haven't paid rent yet this month. How long does my landlord have to wait to file against me?"

Your landlord does not have to wait to file Failure to Pay Rent. If the rent is even one day late, the landlord can file to start the court process.

"I got a rent notice from court, but I paid the money already. Do I have to go to court?"

Yes. It is very important to go to court with your proof of payment to make sure the judge knows that the money was paid. If you don't appear in court, the landlord automatically wins and you may end up facing eviction.

"My landlord just got a judgment for failure to pay rent. How soon will I be evicted?"

After the landlord gets a judgment for failure to pay rent, the landlord must wait four business days for the appeal period to expire. On the fifth business day, the landlord can file for the Warrant of Restitution which is the actual eviction notice. The eviction would then be scheduled with the sheriff's department and may take place as soon as the sheriff's office is available. If you can pay the full judgment amount by the time the sheriff arrives, you can still prevent your eviction. In general, the tenant receives a copy of the Warrant of Restitution, but an eviction may take place if the sheriff is present even if the warrant was not received.

"How do I find out when my eviction is scheduled?"

In many counties in Maryland, the sheriff or constable will notify you of the eviction date. If your landlord has a rent court judgment against you, call the local sheriff or constable to see if an eviction has been scheduled.

In Baltimore City, Prince George's County, and Wicomico County, the sheriff generally will not inform tenants of the eviction date. It can be difficult to find out the eviction date in these areas. In Baltimore City, pending evictions are posted the afternoon beforehand at Eviction Prevention Office on the second floor of the District Court building at 501 E. Fayette Street. In Prince George's and Wicomico Counties, check with the court to see if they have received any information on pending eviction dates.

"I'm behind on the rent and my landlord says I need to pay tomorrow or the locks will be changed. Can he do this?"

No, the landlord cannot change the locks or conduct any eviction without a court order. If you have not received a summons for court, the landlord should not have a court order. If the landlord arrives without a sheriff and attempts to change the locks or remove a tenant's belongings, the tenant may call the police to have the illegal eviction stopped. A landlord may never take the law into his/her own hands. Evictions must be ordered through court.

Other important information on evictions:

Baltimore Neighborhoods, Inc., 2217 Saint Paul St., Baltimore, MD 21218
Administration:410-243-4468     Fair Housing: 410-243-4400
Tenant/Landlord Hotline: 410-243-6007 (Baltimore region) or 1-800-487-6007 (Maryland only)