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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28366
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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A month to month renter, who is 2 months behind in rent. A

Customer Question

A month to month renter, who is 2 months behind in rent. A notice of to pay rent of quit has been served. What is the next step? An eviction notice...he will not pay or leave. Thank you for any assistance is apreciated.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. If the notice to pay or quit was served and the tenant has failed to act, eviction proceedings can begin. The eviction procedure for non-payment of rent is called "summary ejectment". Eviction cases are filed and heard in the District Court of the county where the property is located.
MD Code, Real Prop. § 8-401
When tenant fails to pay the rent that is due, the landlord may file a written complaint under oath asking for repossession of the premises, the amount of rent due, and court costs (Sections 8-401(a) and (b)).
The court will then issue a summons and the sheriff will notify the tenant by first class mail that the tenant should appear before the District Court at the trial to be held on the fifth day after the filing of the complaint and must answer the landlord's complaint to show cause why the demand of the landlord should not be granted.
If requested, the sheriff must also personally serve the summons to the tenant, subtenant, or other person in actual possession of the property. If none of those persons can be found on the property, the sheriff may post a copy of the summons in a conspicuous place on the property; however, this method of service is sufficient only for the landlord to get a default judgment against the tenant for possession of the premises and court costs, not for the amount of rent due. The tenant must be personally served to support any judgment for rent due.
At the trial, the judge has the authority to order an adjournment for 1 day to permit either tenant or landlord to obtain necessary witnesses, or for a longer period, if both parties agree and a ruling will be entered.
Here is a link with additional information as well.
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Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!