The Maryland Petition for Warrant of Restitution (Filing Version) is a form used to file a claim for the return of a tenant's belongings if they have been evicted or have abandoned their rented property. The petition is filed with the Maryland District Court and must be accompanied by a copy of the tenancy agreement and the landlord's affidavit. It is then reviewed by a court commissioner who will determine if the tenant is entitled to restitution. If so, a warrant of restitution will be issued to the landlord. There are two types of Maryland Petition for Warrant of Restitution (Filing Version): one for tenants who have been evicted, and one for tenants who have abandoned the property. The evictions version is used when the landlord has already obtained a court order for the eviction of the tenant and the tenant has failed to comply. The abandonment version is used when the tenant has left the premises without notice and without paying rent.
Maryland Petition for Warrant of Restitution (Efiling Version)
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FAQ
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.
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.
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.
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.
Grounds for an Eviction in Maryland GroundsNotice PeriodCurable?Nonpayment of Rent10 DaysYesEnd of / No Lease60 DaysNoLease Violation30 DaysYesImminent Threat / Serious Harm14 DaysNo
?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?.
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.
File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons. Once you have responded, the Court will send the plaintiff a copy of this notice. File a Counterclaim, Cross-claim, or a Third-Party Complaint.