The Maryland Petition for Warrant of Restitution is a legal process used to regain possession of property that has been taken wrongfully. It is a civil claim which can be filed in the District or Circuit Court of the county where the property is located. The Petitioner (the person who has been wrongfully deprived of property) must provide evidence to prove that they are the rightful owner of the property, and that they have been wrongfully deprived of it. If the court finds the evidence to be sufficient, they will issue a Warrant of Restitution, which orders the Respondent (the person who has wrongfully taken the property) to return the property to the Petitioner. The two types of Maryland Petition for Warrant of Restitution are: (1) General Warrant of Restitution, which applies to any type of property that has been wrongfully taken; and (2) Specific Warrant of Restitution, which applies to a specific item or items of property that have been wrongfully taken.
Maryland Petition for Warrant of Restitution
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How to fill out Maryland Petition For Warrant Of Restitution?
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FAQ
Tenants must be evicted within 60 days of the date the writ of restitution is issued for all evictions other than nonpayment of rent. That doesn't mean tenants automatically have 60 days to move out; it means the latest possible date a tenant could be forcibly removed is 60 days after the writ is issued.
If the tenant does not leave, then the landlord can seek a ?warrant of restitution.? This allows the landlord to make a plan with the constable or sheriff to evict the tenant and remove the tenant's possessions. A landlord must request a warrant of restitution within 60 days of the judgment.
A tenant, or anyone holding under the tenant, who unlawfully holds over after termination of the lease, is liable to landlord for all actual damages caused by the holding over, and at the least, is liable for the apportioned rent for the period of holding over at the rate provided in the lease.
Within five working days, the landlord can file for a court order for the evic- tion, called a ?warrant of restitution,? and arrange for a sheriff to oversee the eviction. You may appeal an eviction judgment.
A landlord may file a Tenant holding over (THO) action against a tenant who did not vacate the property by the date on the notice to vacate, whether given by the tenant or the landlord.
?No Right of Redemption? means that even if the tenant produces the balance due the landlord still has the right to eviction the tenant. In Baltimore County, Prince George's County and Howard County, 3 prior judgments (file onthe 4th) are sufficient to seek ?No Right of Redemption?.
To begin the process of eviction, the landlord requests a Warrant of Restitution. In a failure to pay rent case, the Landlord must make the request within 60 days of judgment or the expiration of any stay of execution. The eviction cannot take place on a Sunday or holiday.