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I am a Landlord and spend a lot of time in rent court. when…

I am a Landlord...

I am a Landlord and spend a lot of time in rent court. when a Landlord receives a determination for rent there is a 5 day stay of execution on a warrant of restitution. Does this stay of execution order mean that the warrant can not be filed for 5 days or can the warrant be filed right away but the eviction can not take place for 5 days.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

The state is Maryland and the rent determination was received Friday the 16th.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No issues, just failed to pay rent

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Answered in 25 minutes by:
3/20/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,221
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Are you saying that you have the decision of the court, or order of the court, or received a hard copy of a warrant of execution and want to file it with the clerk? And if there is a stay, what particular words does it say?

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Customer reply replied 1 month ago
When the Judge gives a landlord a judgement for the amount of rent owed the tenant has 5 days to pay the rent before the Landlord can evict and set the tenant out. This five days is the stay of execution. A warrant of restitution must be filed with the court for this eviction. An eviction date is then set up with the sheriff to set the tenant out. My question is - does a landlord have to wait for this 5 days before filing the warrant of restitution for an eviction or can the warrant be filed right away but a scheduled eviction can not take place until after this 5 days because this can make a difference in how long it takes to get this tenant out.

Thanks for the additional information.

The execution of the writ is the process whereby the Sheriff actually removes the non-vacating tenant and returns possession of the property to the landlord. The argument would be that staying the execution five days would mean that it would have to be delayed for five days. Therefore, filing the warrant early would not be an issue if the time of the stay remains five days. So, if the filing is immediate, a landlord would still have to wait the five days from the date when it could have been served.

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Damien Bosco
Damien Bosco, Attorney
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