Posted 19 days ago

Eviction Process in Baltimore

Step 1: File Failure to Pay Rent form at 501 East Fayette Street

The forms are available from the courthouse but here is a sample: https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv082np.pdf

A comprehensive instruction video is available here https://vimeo.com/252185057/1c76fad074

To fill out the form you’ll need the lead certificate # and the city rental registration #. Pay the filing fee and receive your court date. Make sure you bring checkbook to pay Sherif serving fee. The tenant will receive “summary ejectment proceeding” from the city within 3 days of filing by mail and posting.

Step 2: Prepare for & attend trial

Bring the below to the trial

1. Lease

2. Lease ledger

3. Lead certificate

4. Your filing paperwork

5. DOD certificate - to obtain this register at https://scra.dmdc.osd.mil/scra/#/user-creation/user-creation-1 or login at https://scra.dmdc.osd.mil/scra/#/login select ‘Single Record Request’ and input tenants last name and social.

If tenant doesn’t show up you will most likely win. The two most common defenses are Dangerous Defect Defense (safety issue in home) & Retaliatory Defense (retaliation for filing a complaint).

    Step 3: File Warrant of Restitution

    A minimum of 4 days after the judgement file for a warrant of restitution unless the tenant has moved out or paid up. The form needs to be collect and filled out at 501 East Fayette Street however here is a sample https://www.courts.state.md.us/sites/default/files/court-forms/district/forms/civil/dccv081np.pdf/dccv081np.pdf

    Step 4: Scheduling the Eviction

    5 days after you filed the warrant of restitution call the sheriff's office (410-396-7412) and if they have received the paperwork they will schedule the eviction. Send the “Notice of Eviction” by USPS First class mail with a certificate of mailing (not certified mail) to the tenant and post on the door. Here is an example notice https://www.pdffiller.com/jsfiller-desk18/?projectId=501662749#6f9c67b86e9c047fab1c3b50ee431c6c Take a picture of the notice on the door. Keep a copy of the eviction notice for the sheriff.

    Step 5: Common eviction scenarios

    1. 1. Tenant pays and stays if “no right of redemption” has been ticked on court form.
    2. 2. Tenant contests by saying they never received notice. Sherif will decide to proceed or not. If not a new court date will be required.
    3. 3. Tenant is not there. Do not enter before sheriff in this case.

    Bring original FTPR filing, Posted Notice, the Warrant of Restitution, and the Certificate of Mailing with you to eviction.

    Step 6: Post eviction

    Rekey the locks and lock all windows.

    Get contractor quote for repair and prepare deposit disposition (itemized list of deduction from security deposit).

    Return deposit less repairs with itemized list.



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