When a tenant fails to pay rent or otherwise violates lease terms, eviction is the most immediate remedy available to landlords.  The District Court of Maryland is the authority to whom landlords petition for eviction.

Landlords may also have other rights including security deposit forfeiture or a civil judgment for damages (damages being defined as money owed to the landlord for any reason including unpaid rent, late charges or property damage). But, when a landlord files suit for possession, the summons may be mailed to the tenant or tacked on the door.  If damages are sought, the summons must be served on the person.  So, including a request for a money judgment will likely delay any eviction.

When a landlord sues for possession, a court date is granted.  Unless the tenant can demonstrate some pretty extenuating circumstances, the landlord is awarded judgment.   This happens within about two weeks following the filing of the suit.   Automatically, there is a waiting period (stay) of five days to enable the tenant to pay, thereby canceling the judgment for possession. 

Once the stay has expired, if payment has not been received, the landlord may request a writ of restitution.  That is the order for the Sheriff to authorize and supervise an eviction.  By that time, some four to six weeks have passed.  The deputy will notify the landlord of the date and time of the eviction and the number of workers needed to accomplish the eviction (in DC the US Marshall serve eviction writs and in Montgomery County, the landlord must call the Sheriff to schedule).  It is the responsibility of the landlord to procure and pay for the crew.

District Court cases filed in one month, but not tried until after the first of the next month can now result in judgment for the subsequent month without re-filing!  The landlord must request, on the original petition, any additional rents which come due prior to the court date. Also, District Court cases may now include late charges and other charges due “as additional rent”.  Furthermore, any charges carried forward into a subsequent month (ie: damages, late charges, legal fees) carry forward as “rent” and are subject to District Court judgment.  Remember, at any time up to the date of the eviction, if the tenant pays, only the amount due under the judgment, the process comes to a screeching halt.  It is possible to sue for January rent, have a trial in February and show up with a 15 member eviction crew on the 2th only to have the tenant hand you the January rent (and February if you remember to ask for judgment for February) and send you away.  You are out the cost of the workers and all the legal work. In Maryland, landlords may charge the tenant for the legal fees and court costs provided the lease so states.  In DC, only the court costs may be passed on.

So, this can go on and on and on.. but there are limits.  First, when the original lease term expires, landlords can simply discontinue the tenancy by giving the appropriate notice.  But, in the interim, a landlord can put an end to it by requesting an “absolute judgment” with no right of redemption provided at least three prior judgments have been secured during the past 12 months.  Then, whether payment is made or not, the eviction can proceed.