Maryland General Form of Complaint, Petition, or Declaration for Ejectment

State:
Multi-State
Control #:
US-01684BG
Format:
Word; 
Rich Text
Instant download

Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you are unable to agree to a payment plan, ask if your landlord will agree that you can stay in your home until a specific date. Make sure you get any agreements you make with your landlord in writing. Most failure to pay rent evictions can be stopped by paying the rent that is owed.

The timeframe for providing notice vary based on the term of tenancy. For a tenancy longer than 1 month, the landlord must provide at least 90 days notice. Note that local laws may require additional notice requirements.

The Actual Eviction On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises.

1. Landlord sends tenant a Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent) 10 days before filing a complaint. 2. This Notice gives the tenant 10 days to pay the amount of unpaid rent claimed before the landlord files a complaint with the court.

When a tenant does not pay the rent, a landlord may ask the court for permission to evict the tenant. This eviction procedure is called "summary ejectment" or a Failure to Pay Rent case. Eviction cases are filed and heard in the District Court of the county where the property is located.

If you believe that your landlord has violated the CPA, then you can: call the Attorney General office, toll-free, 888-743-0023; file a ?Landlord/Tenant Complaint? with the Maryland Attorney General; or. review the Attorney General's frequently asked questions page.

Tenants can use the Maryland Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Maryland Lease Agreement.

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Maryland General Form of Complaint, Petition, or Declaration for Ejectment