Maryland Complaint for Wrongful Detainer

State:
Maryland
Control #:
MD-SKU-0100
Format:
PDF
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Description

Complaint for Wrongful Detainer

A Maryland Complaint for Wrongful Detained is a legal document filed to allow a landlord to begin eviction proceedings in the state of Maryland. It is also known as a Summary Enactment or a Complaint for Possession. The Maryland Complaint for Wrongful Detained is a legal document that allows a landlord to reclaim possession of a property that is being unlawfully held by a tenant. It is a document that outlines the facts of the case and requests that the court order the tenant to vacate the premises and return possession to the landlord. The complaint also requests that the court award the landlord any monetary damages stemming from the tenant’s wrongful occupation of the property. There are two types of Maryland Complaint for Wrongful Detained: Private and Public. A Private Complaint for Wrongful Detained is filed by a private landlord, while a Public Complaint for Wrongful Detained is filed by a government entity such as a housing authority or other public agency.

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FAQ

The COVID-19 State of Emergency has changed how housing cases are handled by the District Court. This flyer has some general information about what has changed. Can I be evicted? Yes, evictions may now take place.

In the rental of property, a wrongful detainer action can be used against a squatter who claims a forged lease as evidence of their right to occupy the property or it may used against a guest of a tenant who refuses to leave.

The owner can file the wrongful detainer at the district court where their property is located. Owners will have to complete the Wrongful Detainer form at the landlord-tenant clerk's office. In addition, owners should bring two checks to pay for the filing fee and the Sheriff's service fee.

It is illegal (and in some places a crime) for a landlord to try to evict a tenant by changing the locks, terminating utilities or removing belongings. If your landlord tries to evict you without a court order, you should call the police immediately.

In Maryland, a landlord can evict a tenant without a lease or with a lease that has ended (known as a ?holdover tenant? or ?tenant at will?). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice to move out (60 calendar days' for tenants that pay month-to-month).

The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to District Court to get a judgment against you. If they get one, the court will issue an order of eviction and a sheriff will make you leave the home.

"Wrongful detainer" means to hold possession of real property (house, apartment, building, land) without the right of possession. You may not use "wrongful detainer" to evict current tenants, evict holding-over tenants, or evict someone who has possession of the property by court order.

For failure to pay rent cases the eviction process cannot start until 4 business days have passed from the time the court entered a judgment for possession in favor of the landlord. For breach of lease cases, or tenant holding over cases ( refuses to leave), the landlord may seek eviction immediately.

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Maryland Complaint for Wrongful Detainer