Quick Reference: The FTPR Timeline and Its Deadlines
|
Stage |
Rule |
Citation |
|---|---|---|
|
Rental licence |
A landlord in a jurisdiction mandating licensure must prove at trial that the property is licensed, exempt, or unlicensed for a permitted reason |
RP § 8-406; McDaniel v. Baranowski |
|
Pre-filing notice |
Written notice of intent to file if the tenant does not cure within 10 days after the notice is provided |
RP § 8-401(c)(1) |
|
Notice form |
Must be on a form created by the Maryland Judiciary |
RP § 8-401(c)(2)(i) |
|
Notice delivery |
First-class mail with certificate of mailing; affixed to the door; or, only if the tenant elects, e-mail, text or tenant portal with proof of transmission |
RP § 8-401(c)(2) |
|
Complaint content |
Must affirm the date notice was provided; tenant may challenge and the court may dismiss for sufficient cause |
RP § 8-401(c)(3) |
|
Lead paint |
For an "affected property" under § 6-801 of the Environment Article, the complaint must state registration and the inspection certificate number, or the statutory excuse |
RP § 8-401(b)(2)(vi) |
|
Filing cost |
$50 in all counties except Baltimore City; $60 in Baltimore City; plus service fees |
DCA-109 (Rev. 03/2026) |
|
Trial date |
Set on the fifth day after filing |
RP § 8-401(b)(4)(i) |
|
Service |
Personal service, or posting on the property after first-class mail |
RP § 8-401(b)(5) |
|
Effect of posting |
Conclusively sufficient for a possession judgment and costs, not for a money judgment for rent |
RP § 8-401(b)(5)(ii) |
|
Money judgment |
Residential money judgment requires personal service |
RP § 8-401(e)(2)(iv) |
|
Adjournment |
Not more than 1 day without consent of all parties |
RP § 8-401(e)(1) |
|
Order to surrender |
Possession to be given within 4 days after trial |
RP § 8-401(e)(3) |
|
Medical extension |
On a physician's certificate, up to 15 days after trial |
RP § 8-401(e)(4) |
|
Tender at trial |
Complaint entered as satisfied |
RP § 8-401(e)(5) |
|
Warrant issues |
After the tenant fails to comply within 7 days, except as provided in § 8-407 |
RP § 8-401(f)(1)(i) |
|
Clock 1 |
Order the warrant within 60 days of judgment or expiry of a stay, or the judgment for possession is stricken |
RP § 8-401(f)(1)(ii) |
|
Clock 2 |
Act on the warrant within 60 days of issuance or any extended date, or the warrant expires and the judgment is stricken |
RP § 8-401(f)(1)(iii) |
|
Stricken judgments still count |
A judgment stricken under either clock may still count toward the judgments that foreclose redemption unless the court decides otherwise |
RP § 8-401(f)(1)(ii)2, (iii)2 |
|
Weather stays |
Day-to-day stay for forecast 32°F or lower, winter storm or blizzard warning, hurricane or tropical storm warning, or excessive heat warning; execution then completed within 5 days after conditions cease |
RP § 8-401(f)(2) |
|
Execution |
A warrant must be executed in compliance with § 8-407 |
RP § 8-401(g) |
|
Pre-set-out notice |
Written notice of the scheduled repossession date at least 6 days before it |
RP § 8-407(b)(1) |
|
Pre-set-out delivery |
First-class mail with certificate of mailing; posting on the front door with a date-stamped photograph; and e-mail or text if the landlord knows or has on file the tenant's e-mail or cellphone number |
RP § 8-407(b)(1) |
|
Notice documentation |
Certificate of mailing, readable timestamped photograph, and a signed affidavit of the person who posted create a rebuttable presumption of notice |
RP § 8-407(b)(4) |
|
Failed pre-set-out notice |
Sheriff must notify the court and may not execute without further order; the court shall vacate the warrant if it finds notice was not given |
RP § 8-407(b)(5) |
|
Notice cost recovery |
Landlord may charge the tenant actual expenses of the notice, capped at $5 |
RP § 8-407(b)(3) |
|
Local variation |
Local jurisdictions may set the notice period as high as 14 days or as low as 4 days, and may add penalties |
RP § 8-407(e) |
|
Tenant remedies for § 8-407 breach |
Actual damages, reasonable attorney's fees and costs, injunctive relief to recover possession or property, or any other reasonable remedy |
RP § 8-407(f) |
|
Redemption |
Cash, certified check or money order for all past-due amounts plus court-awarded costs and fees, any time before actual execution |
RP § 8-401(h)(1) |
|
Government payments |
An electronic or written check from a political subdivision or on behalf of a governmental entity has the same effect |
RP § 8-401(h)(2) |
|
Redemption bar |
Does not apply where three judgments of possession for rent were entered in the 12 months before the action was initiated |
RP § 8-401(h)(3) |
|
Appeal |
Either party, within 4 days of judgment; tenant must post bond to stay execution |
RP § 8-401(i) |
Two 60-Day Clocks Decide Whether You Actually Get Possession
Most Maryland eviction guides walk you to the judgment and stop. That is the wrong place to stop, because in a failure to pay rent action the judgment is not the finish line. It is the start of two separate sixty-day clocks, and missing either one wipes out the judgment you just won.
Under RP § 8-401(f)(1):
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Clock one. If the landlord does not order a warrant of restitution within 60 days from the later of the date of judgment or the expiration of any stay of execution, the judgment for possession is stricken.
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Clock two. If the landlord orders the warrant but takes no action on it within 60 days from the later of the date the court issues the order for the warrant or any date the court extends to, the warrant expires and the judgment for possession is stricken.
Then comes the provision almost nobody explains. In both cases, the stricken judgment may still be "applied to the number of judgments necessary to foreclose a tenant's right to redemption," unless the court in its discretion determines that it should not be. So a lapsed judgment costs you possession while the judgment may still count in the redemption calculation later.
One drafting point deserves care when you read the section. The warrant-expiration provisions in § 8-401(f)(1)(ii) and (iii) refer to the redemption rule as "established in subsection (h)(2)," while the three-judgment redemption bar actually appears in § 8-401(h)(3). Read the redemption provision as a whole: (h)(1) establishes the right, (h)(2) addresses certain government-issued payments, and (h)(3) removes the right after three qualifying possession judgments in the preceding twelve months.
Before You File: Two Preconditions That Get Cases Dismissed
Maryland's summary ejectment process is fast, and the speed is paid for with front-end formality. Two requirements sit ahead of the complaint, and both are routine grounds for dismissal.
The rental licence
RP § 8-406 requires that a landlord in a jurisdiction mandating licensure of residential rental property demonstrate, by a preponderance of the evidence at trial, that the property in the complaint is licensed, exempt from licensure, or unlicensed for a permitted reason. The statutory rule codifies what the Court of Appeals held in McDaniel v. Baranowski, 419 Md. 560 (2011), where a landlord who had failed to obtain a licence required by the Anne Arundel County Code was not permitted to initiate summary ejectment for non-payment.
This remains live. In a June 2026 decision, the Supreme Court of Maryland restated the rule directly: a landlord that does not possess a required residential rental licence may not file a summary ejectment action under RP § 8-401, and under RP § 8-406 must prove licensure, exemption, or permitted unlicensed status at trial.
Licensing is local. Baltimore City, Anne Arundel, Montgomery, Prince George's and others each have their own regime. For a multi-jurisdiction portfolio the licence status and its expiry date belong on the property record as a field, checked before any filing decision, not discovered at the trial table. That is exactly the kind of jurisdiction-specific attribute contracts and renewals is meant to carry alongside the lease.
The 10-day notice of intent
RP § 8-401(c)(1) provides that before filing, the landlord shall provide the tenant written notice of the landlord's intent to file a claim in District Court to recover possession if the tenant does not cure within 10 days after the notice is provided.
Three details in subsection (c) are where the errors happen.
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The form is not yours. The notice must be in a form created by the Maryland Judiciary. A letter you drafted, however clearly worded, is not the statutory notice.
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Delivery is defined, and electronic delivery is the tenant's choice. Notice occurs when it is sent by first-class mail with certificate of mailing, affixed to the door of the premises, or, if elected by the tenant, sent by e-mail, text message or through an electronic tenant portal. Electronic notice must provide the landlord with proof of transmission. Note what this means operationally: you cannot unilaterally switch a tenant to portal notices because it is more convenient. The election is theirs, and you need to be able to show both the election and the transmission proof.
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The complaint must affirm the date. Under (c)(3), the complaint must include a statement affirming the date on which the notice was provided. The tenant may challenge that assertion, and the court may dismiss the complaint on a showing of sufficient cause.
That last point converts the notice date into evidence rather than paperwork. The date served, the method, and the proof of delivery need to be captured when they happen. Reconstructing them after a challenge is how a case gets dismissed and refiled with a new ten-day clock, which is a strong argument for running the notice sequence through workflow customization rather than as an ad hoc task.
And for affected properties, the lead paint pleading
If the property is an "affected property" under § 6-801 of the Environment Article, RP § 8-401(b)(2)(vi) requires the complaint to state that the landlord has registered the property and renewed the registration, and to give the inspection certificate number for the current tenancy. Alternatively, the landlord must state the statutory excuse: that access was requested, relocation was offered with reasonable expenses, and the tenant refused access or refused to vacate.
Maryland treats this as a pleading element, not a background compliance matter. Subsection (e)(2)(i) makes the lead paint information a potential issue of fact at trial.
Filing, Service, and the Fifth-Day Trial
The complaint is filed under oath or affirmation in the District Court for the county where the property is situated, and must describe the property, name each tenant, assignee or subtenant, and state the rent and late fees due and unpaid.
Two content requirements are easy to miss. The amount claimed must be reduced by any utility bills, fees or security deposits paid by a tenant under § 7-309 of the Public Utilities Article, the provision that lets tenants pay a landlord's delinquent utility bill to keep service on. And under (b)(3), the landlord must specify the rent due for each rental period, the day rent is due for each period, and any late fees, so the court can make its determination under subsection (e).
Those are ledger requirements before they are legal ones. A running balance will not produce a period-by-period statement of what was due and when, which is why rent collection and payment records tied to specific rental periods matter more in Maryland than a simple arrears figure.
The court issues a summons directing a constable or sheriff to notify the tenant by first-class mail to appear at trial on the fifth day after the filing of the complaint.
Service is where the money judgment is won or lost. If personal service is requested and a person to be served is found on the property, the sheriff serves them. Otherwise, the constable or sheriff affixes an attested copy of the summons conspicuously on the property. Under (b)(5)(ii), affixing the summons after first-class mail notification is conclusively presumed sufficient to support a default judgment for possession and costs, but it is not sufficient to support a default judgment for the amount of rent due.
Subsection (e)(2)(iv) says the same thing from the other direction: in a residential tenancy the court may give judgment for rent and late fees together with costs only if the tenant was personally served.
So posting gets you the property. Only personal service gets you the money. If recovering the arrears matters, request personal service and plan for the possibility that it fails.
Nonresidential cases run differently. Service is directed to the sheriff, and on the plaintiff's request may be directed to any person authorised under the Maryland Rules to serve process. Wicomico County allows the same flexibility for any premises. And a nonresidential landlord may recover reasonable attorney's fees if the lease authorises them, an entitlement residential landlords do not have under this section.
There is also a specific procedure where the landlord certifies that the tenant is deceased, intestate and without next of kin: the summons is served personally on the occupant or known next of kin, with posting as the fallback.
At Trial: What the Court Decides and What Ends the Case
The court may adjourn the trial to let a party procure witnesses, but for no more than one day unless all parties consent. Maryland does not contemplate the multi-week continuance common elsewhere.
If rent is found due, the court determines the amount of rent and late fees due as of the date the complaint was filed, less any § 7-309 utility payments. Where the trial does not occur within the statutory timeframe and the tenant has not become current, the court determines the amount as of the trial date, including rent accruing after filing and late fees accruing in or before the month of filing, with credit for payments made after the complaint.
Then two things happen that managers should treat as separate.
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The court orders possession within 4 days after the trial. On presentation of a physician's certificate that surrender within four days would endanger the health or life of the tenant or another occupant, the court may extend the time as justice requires, but not more than 15 days after trial.
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Tender at trial ends the case. Under (e)(5), if the tenant or someone for the tenant tenders the rent, late fees and costs determined by the court, the complaint is entered as satisfied. This is distinct from redemption after judgment, and it produces no judgment at all.
There is also a government shutdown stay in subsection (d). Where a tenant or occupant uses the property as a primary residence, is an employee of federal, State or local government, and is involuntarily furloughed without pay because of a shutdown, the court shall stay the proceeding for a reasonable time, not ending more than 30 days after the shutdown ends absent sufficient cause.
The Warrant of Restitution
The judgment orders surrender in four days. The warrant is a separate step, and the arithmetic between them trips people up.
Under (f)(1)(i), except as provided in § 8-407 and subject to the weather-stay provision, if the tenant fails to comply with the order within 7 days, the court shall, at any time after the expiration of those 7 days, issue its warrant directed to an official entitled to serve process, ordering that the landlord be put back in possession and that the tenant's goods be removed by force if necessary.
So the order says four days, but the warrant cannot issue until seven have run. Both numbers are in the statute and both are correct; they simply do different jobs. Petitioning too early is wasted motion.
Then the two sixty-day clocks described at the top of this article begin. Order the warrant within sixty days of judgment or the expiry of any stay. Act on it within sixty days of issuance or any extended date.
Weather stops the sheriff. Subsection (f)(2) requires the administrative judge of the district to stay execution of a warrant on residential property, day to day, in the event of extreme weather affecting the property: a temperature or next-day forecast temperature of 32 degrees Fahrenheit or lower, a winter storm or blizzard warning, a hurricane or tropical storm warning, or an excessive heat warning issued by the National Weather Service. When a stay is granted, execution must be given priority and completed within 5 days after the conditions cease.
For a Maryland portfolio this is not an edge case. A January eviction date in Baltimore or Frederick is exposed to the 32-degree trigger for days at a time. Because weather stays affect when a warrant can actually be executed, track the warrant, any court-ordered extension, and the applicable execution deadline rather than assuming a scheduled set-out will proceed.
The Final Pre-Set-Out Notice: RP § 8-407
Getting the warrant is not the last thing a Maryland landlord has to do. This is the stage most guides omit entirely, and it is the one that most often stops a sheriff at the door.
RP § 8-407 applies to a warrant of restitution issued to a landlord to take possession of residential property under § 8-401, § 8-402 or § 8-402.1, or an equivalent provision of public local law. After the court issues the warrant, the landlord must, at least 6 days before the scheduled date of repossession as set by the sheriff, provide written notice to the tenant of the date the warrant is scheduled to be executed.
All applicable delivery methods are required, not alternatives. The statute uses "and," not "or," and the third applies whenever its condition is met:
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Send the notice by first-class mail with certificate of mailing;
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Post the notice on the front door of the leased premises and take a date-stamped photograph of the posted notice; and
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If the landlord knows or has on file the tenant's e-mail address or cellphone number, send it electronically by e-mail or text message.
Note how this differs from the 10-day pre-filing notice. There, electronic delivery happens only if the tenant elects it. Here, the electronic step is not based on tenant election at all: if the landlord knows or has on file the tenant's e-mail address or cellphone number, § 8-407(b)(1)(iii) requires the notice to be sent by e-mail or text. A portfolio that collects mobile numbers at application has created its own obligation at the set-out stage.
The notice content is prescribed. Under (b)(2) it must include the District Court case number; the tenant's name as stated in the summary ejectment case; the address of the leased premises; the date the warrant was ordered; the initial scheduled eviction date; a statement that repossession may occur unless the tenant returns possession or, for a § 8-401 warrant, exercises the right of redemption if available; where redemption is still available, a statement showing the amount still due to redeem; a statement that this is the final notice even if repossession is stayed for any reason; a prescribed warning about the possible loss of personal belongings with referral information for legal help including 211 and the District Court Help Center; and the landlord's telephone number, e-mail address and mailing address.
That redemption-amount requirement is worth pausing on. You are required to tell the tenant, in writing, exactly what it would cost to stop the eviction. Get the figure wrong and you have handed the tenant a dispute at the worst possible moment.
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Documentation creates a presumption. Under (b)(4), there is a rebuttable presumption that the tenant was notified if the landlord provides the sheriff or constable with the certificate of mailing, a photograph of the posted notice containing a readable timestamp showing the date and time of posting, and a signed affidavit of the person who posted it. Under (c), if the landlord presents that documentation, the sheriff files it with the clerk and, subject to § 14-806, executes the warrant.
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Failure stops everything. Under (b)(5), if the sheriff reasonably believes the landlord did not give the required notice, or that the tenant may have redeemed, the sheriff shall notify the District Court and may not execute the warrant without further order. If the court finds the notice was not provided, the court shall vacate the warrant of restitution.
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And local rules move the number. Subsection (e) preserves local authority to increase the minimum notice to as many as 14 days, decrease it to as few as 4 days, or establish penalties for violations. Six days is the statewide floor, not the answer everywhere. Check the county or municipal rule before booking the set-out.
Two smaller points. The landlord may charge the tenant actual expenses of providing the notice, capped at $5 under (b)(3). And under (d), where the tenant is not present during execution, the sheriff or constable posts a notice on the front door stating that repossession has been completed.
If a court finds for a tenant on a § 8-407 violation, subsection (f) entitles the tenant to actual damages, reasonable attorney's fees and costs, injunctive relief to recover possession of the premises or personal property, or any other remedy the court finds reasonable.
Redemption: The Tenant Can Stop This Almost to the End
Maryland's right of redemption is broader than the equivalent in most states, and it is the single most important thing to explain to an owner expecting a clean timeline.
Under RP § 8-401(h)(1), where the landlord has a judgment for restitution in an FTPR action, the tenant has the right to redeem by tendering all past due amounts as determined by the court, plus all court-awarded costs and fees, at any time before actual execution of the eviction order.
Not before the warrant issues. Not before the set-out is scheduled. Before actual execution. A tenant can pay on the doorstep as the crew arrives, and § 8-407 requires you to have told them in writing what that amount is.
Three features matter operationally.
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The tender method is specified. Cash, certified check or money order. A personal check is not a statutory tender.
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Government money is different. Under (h)(2), an electronic or written check issued by a political subdivision or on behalf of a governmental entity has the same legal effect as the tenant's own payment. Emergency rental assistance arriving as a jurisdiction's check is a valid redemption, and refusing it because it is not certified funds would be a mistake.
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Three judgments switch it off. Under (h)(3), the redemption subsection does not apply to a tenant against whom three judgments of possession for rent due and unpaid were entered in the 12 months before the current action was initiated. Separately, § 8-401(f)(1)(ii) and (iii) provide that a judgment stricken for a lapsed warrant may still count toward that threshold unless the court determines otherwise.
Appeals and Who May Appear
Either party may appeal to the circuit court within 4 days of the judgment, under RP § 8-401(i). To stay execution the tenant must give a bond with one or more sureties who own sufficient property in Maryland, conditioned on prosecuting the appeal and answering for costs and damages. The bond does not affect the landlord's right to pursue rents that become due after judgment.
Four days is short. If you intend to appeal an adverse ruling, that decision has to be made at the courthouse, not the following week.
On representation, Maryland's summary ejectment statute recognises actions taken by a landlord's "duly qualified agent or attorney," and property agents commonly participate in District Court rent cases. Whether a specific non-lawyer may file, appear, examine witnesses or represent a particular owner entity depends on the statute, the Maryland Rules, the entity structure and unauthorised-practice limits. Confirm the permitted role with Maryland counsel before relying on a non-attorney representative in a particular case.
What Changed Recently, and What Did Not
Maryland's landlord-tenant law has moved quickly, and the most common error in current guidance is reporting proposals as law.
Enacted and in force. The Renters' Rights and Stabilization Act of 2024 (HB 693), signed 25 April 2024, increased the District Court filing surcharge for summary ejectment cases. The current cost schedule, DCA-109 (Rev. 03/2026), lists a filing cost of $50 in all counties except Baltimore City and $60 in Baltimore City, with service fees on top, commonly $5 per tenant of record outside Baltimore City. Those figures already fold in the statutory surcharges rather than adding them separately, and they are the landlord's cost.
Enacted in the 2026 session. Three measures take effect on 1 October 2026. The Fair Chance Housing Act (SB 937), signed 26 May 2026, changes how landlords may obtain and consider a prospective tenant's criminal history during screening. SB 335 / HB 315 prohibits a landlord who uses financial screening from refusing to rent based on an adverse credit score or credit history where the applicant uses income-based housing subsidies, while preserving the ability to verify the applicant's share of the rent and to rely on references and past rental history, and requires landlords of six or more units to offer tenants the option of reporting positive payment history to a consumer reporting agency. And SB 729 expands the Access to Counsel in Evictions Program to individuals occupying premises in a mobile home park.
Separately, SB 12, Chapter 664, approved 26 May 2026, establishes air-conditioning requirements for residential rental units in apartment buildings with 10 or more individual dwelling units, including requirements beginning 1 June 2026 for newly constructed units and 1 October 2026 for certain units undergoing qualifying renovations. The law applies prospectively. Note that the cross-filed House version proposed a four-unit threshold; the enacted law uses ten.
Did not become law. "Good cause eviction" legislation, HB 774 and SB 462, passed the House 84 to 41 on a mostly party-line vote after being revived in committee, but the Senate did not act on it. It is the second time in three years the measure has failed in the Senate. There is no statewide good-cause requirement for holdover terminations in Maryland, and guidance describing an October 2026 good-cause regime is describing a bill, not a statute.
Maryland also runs an Access to Counsel in Evictions programme providing representation to income-eligible tenants, expanded from 1 October 2026 to cover occupants of mobile home parks under SB 729. It changes the practical dynamics of a contested rent docket. Assume represented tenants and prepare the file accordingly.
Common Mistakes Property Managers Make in Maryland
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Filing without the rental licence in order. RP § 8-406 requires proof of licensure, exemption or permitted unlicensed status at trial.
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Drafting your own 10-day notice. It must be on the form created by the Maryland Judiciary.
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Sending the pre-filing notice by text or portal without the tenant's election. At that stage electronic delivery is available only if the tenant elects it.
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Failing to record the notice date. The complaint must affirm it, and the tenant may challenge it with dismissal as the remedy.
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Omitting the lead paint registration and inspection certificate where the property is an affected property under § 6-801 of the Environment Article.
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Claiming an arrears figure that ignores § 7-309 utility payments, which must be deducted.
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Pleading a lump-sum balance. The statute requires rent due per rental period, the due day, and late fees.
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Expecting a money judgment after posting. Posting supports possession and costs only; residential money judgments require personal service.
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Petitioning for the warrant on day five. The warrant issues only after the tenant fails to comply within seven days.
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Missing the 60-day window to order the warrant. The judgment for possession is stricken.
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Missing the 60-day window to act on the warrant. The warrant expires and the judgment is stricken.
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Treating a lapsed judgment as harmless. It may still count toward the judgments that foreclose redemption unless the court decides otherwise.
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Getting the warrant and skipping the final pre-set-out notice. For residential property, § 8-407 requires notice at least six days ahead by mail with certificate, door posting with a date-stamped photograph, and e-mail or text where you know or hold the tenant's contact details. A court finding that the notice was not provided must vacate the warrant.
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Turning up without the documentation. The presumption of notice depends on producing the certificate of mailing, a readable timestamped photograph and a signed posting affidavit to the sheriff.
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Stating the wrong redemption figure in the § 8-407 notice, where redemption is still available.
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Assuming six days everywhere. Local jurisdictions may set the period anywhere from four to fourteen days.
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Not planning for weather stays. Freezing forecasts, storm warnings and excessive heat warnings can stay execution day to day.
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Refusing a government-issued rental assistance check at redemption. It has the same legal effect as the tenant's own tender.
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Assuming redemption closes when the warrant issues. It runs until actual execution under § 8-401(h)(1).
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Missing the 4-day appeal deadline under § 8-401(i).
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Reporting good cause eviction as Maryland law. HB 774 passed the House and died in the Senate in 2026. Equally, do not assume a cross-filed bill number is the enacted law: the 2026 air-conditioning requirement passed as SB 12 with a ten-unit threshold, not the four-unit threshold in the House version.
Build the Record the Statute Requires
Maryland's FTPR process is fast, which means there is no room to assemble evidence after a problem appears. Almost every dismissal traces to a document that did not exist on the day it was needed.
Six things belong in the system rather than in a file drawer. The rental licence number and expiry date per property, with the licensing jurisdiction identified, because § 8-406 makes it a trial issue. The lead paint registration and current inspection certificate number where the property is an affected property, because it is a pleading element. The date, method and proof of delivery of the 10-day notice, plus the tenant's electronic-delivery election if one exists, because the complaint must affirm the date and the tenant can challenge it. A period-by-period rent ledger showing what was due, when, what late fees applied and what § 7-309 credits reduce the claim. The two 60-day warrant deadlines, calculated from judgment and from warrant issuance.
And, for every scheduled residential set-out, the complete § 8-407 evidence pack: the notice itself, the certificate of mailing, a readable timestamped photograph of the posted notice, the signed posting affidavit, proof of electronic transmission where electronic notice was required, the scheduled repossession date, the redemption amount stated where applicable, and confirmation of the applicable local notice period.
Note that the rebuttable presumption in § 8-407(b)(4) is created by three specific documents: the certificate of mailing, the readable timestamped photograph, and the signed posting affidavit. The rest is prudent operational evidence rather than a statutory element of the presumption.
That evidence pack is not a filing convenience. It is the difference between a sheriff executing the warrant and a sheriff notifying the court that they will not.
Portfolio-level dashboards and reports that surface every judgment approaching its sixty-day order deadline, every issued warrant approaching its sixty-day execution deadline, and every scheduled set-out approaching its six-day notice date turn three separate statutory traps into three visible dates.
Managers running multi-state portfolios will recognise how differently this is structured from a procedure like Georgia's dispossessory process or Ohio's eviction process. Maryland front-loads formality, attaches expiry dates to the remedy itself, and then adds a documented notice requirement at the very last step.
Conclusion
Maryland's failure to pay rent action is an expedited summary ejectment procedure, with the statute directing that trial be held on the fifth day after filing. It is fast because the front end is strict and the back end has deadlines.
Before filing, the property needs a rental licence where the jurisdiction requires one, the lead paint pleading where the property is affected, and a 10-day notice of intent on the Maryland Judiciary's form, delivered by a statutory method, with the date recorded and affirmed in the complaint.
At trial, posting will get you possession and costs, but only personal service will get you a money judgment for the rent. The court orders surrender within four days, extendable to fifteen on a physician's certificate, and a tender at trial ends the case entirely.
After judgment, the warrant issues once the tenant has failed to comply for seven days, and the two sixty-day clocks run: sixty days to order the warrant, sixty days to act on it. Then § 8-407 adds a final stage that many landlords do not know exists, requiring written notice of the scheduled repossession at least six days ahead, by the applicable methods, with prescribed content and documentation, on pain of the court vacating the warrant.
And redemption runs almost to the end. Cash, certified check or money order, or a check from a governmental entity, tendered at any time before actual execution, stops the eviction unless three judgments have already been entered in the preceding twelve months.
The operating discipline is short. Verify the licence before you file. Use the Judiciary's notice form and record how and when you served it. Plead the ledger period by period. Request personal service if you want the money. Put both sixty-day dates on the calendar the day judgment is entered. And build the § 8-407 evidence pack before the set-out, not on the morning of it.
This blog is for informational purposes only and does not constitute legal advice. Title 8 of the Real Property Article has been amended repeatedly in recent sessions, including a renumbering of § 8-401 that has left many published guides citing outdated subsections. Filing fees, court forms and local notice periods vary and change. Verify the current statutory text with the Maryland General Assembly and the District Court forms and cost schedule before acting, and consult a licensed Maryland attorney on a specific matter.
Frequently Asked Questions
Q1. What notice is required before filing a failure to pay rent case in Maryland?
Under RP § 8-401(c)(1), written notice of the landlord's intent to file if the tenant does not cure within 10 days after the notice is provided. It must be on a form created by the Maryland Judiciary, and the complaint must affirm the date it was given.
Q2. How can that notice be delivered?
By first-class mail with certificate of mailing, by affixing it to the door of the premises, or, only if the tenant has elected it, by e-mail, text message or electronic tenant portal with proof of transmission.
Q3. What does it cost to file?
Under the current District Court cost schedule, DCA-109 (Rev. 03/2026), a summary ejectment filing costs $50 in all counties except Baltimore City and $60 in Baltimore City, with service fees on top. The statutory surcharges are already built into those figures.
Q4. When is the trial?
On the fifth day after the complaint is filed, under RP § 8-401(b)(4)(i). The court may adjourn for no more than one day without the consent of all parties.
Q5. Can I get a judgment for the rent if the tenant is not personally served?
No. Posting the summons after first-class mail supports a judgment for possession and costs, but a residential money judgment for rent requires personal service.
Q6. How long does the tenant have to move out after judgment?
The court orders possession given within 4 days after trial, extendable to no more than 15 days on a physician's certificate that surrender would endanger the health or life of the tenant or another occupant.
Q7. When can I get a warrant of restitution?
After the tenant fails to comply with the possession order for seven days, the court may issue the warrant. Before the sheriff executes a residential warrant, however, the landlord must comply with the pre-set-out notice process in RP § 8-407, including the applicable local notice period.
Q8. What notice must a Maryland landlord give before the sheriff executes a warrant of restitution?
After the warrant is issued, RP § 8-407 requires written notice at least six days before the sheriff's scheduled repossession date. It must be mailed by first-class mail with certificate of mailing, posted on the front door with a date-stamped photograph, and sent by e-mail or text if the landlord knows or has on file the tenant's e-mail address or cellphone number. Local law may set the period anywhere from four to fourteen days.
Q9. What happens if the landlord does not give the required pre-set-out notice?
If the sheriff reasonably believes the notice was not provided, or that the tenant may have redeemed, the sheriff must notify the District Court and may not execute without a further court order. If the court finds the notice was not provided, it shall vacate the warrant. A prevailing tenant may also recover actual damages, reasonable attorney's fees and costs, injunctive relief, or any other remedy the court finds reasonable.
Q10. What are the two 60-day deadlines?
You must order the warrant within 60 days of the later of judgment or the expiry of a stay, and you must act on the warrant within 60 days of the later of its issuance or any extended date. Missing either strikes the judgment for possession.
Q11. If my judgment is stricken, does it still count against the tenant?
It may. The statute provides that a stricken judgment may still be applied toward the number of judgments needed to foreclose the tenant's redemption right, unless the court in its discretion decides otherwise.
Q12. Can weather delay an eviction in Maryland?
Yes. The administrative judge must stay execution day to day for a temperature or next-day forecast of 32°F or lower, a winter storm or blizzard warning, a hurricane or tropical storm warning, or an excessive heat warning. Execution must then be given priority and completed within 5 days after the conditions cease.
Q13. Until when can a tenant pay to stop the eviction?
Until actual execution of the eviction order, under RP § 8-401(h)(1). The tender must be cash, certified check or money order, though an electronic or written check from a political subdivision or on behalf of a governmental entity has the same legal effect under (h)(2).