In this jurisdiction, evictions are generally held before the District Court.
A judge decides on all the cases in District Court. There are no juries in this particular court. Under Maryland Law, landlords may not engage in self-help measures, such as changing the locks and forcibly removing the tenant and removing any of tenant’s possessions
The eviction process begins with a complaint from the landlord to the tenant. The complaint and summons must be “served” to the person named in the court process (usually the tenant) with a specified time-frame and according to the law.
A landlord may be able to take legal action when a tenant is late with rent, the tenant fails to leave after the lease has expired, the tenant breaches the lease (e.g. commits waste or fails to repair damages as directed by the lease.) or a roommate or a squatter fails to leave.
The judge listens to both parties present their version of the dispute. Evidence such as copies of the lease, letters, photographs and other appropriate documents are proffered to the Court at this time. In some circumstances the Court can enter a monetary judgment for the amount of rent due and the costs of the suit.
If Landlord wins judgment then a Petition for Warrant of Restitution (eviction order) should be filed within 60 days for the Sheriff, if need be, to forcefully evict the Tenant. It is strongly recommended to seek the counsel of an attorney, preferably one that is experienced in landlord-tenant matters, before attempting to evict a tenant.
This summer John Kudel was installed as the MSBA President. Here is his speech:
John Kudel’s Installation Speech
I’ve been meeting attorneys and judges at the MSBA Bar Presidents Conference from all over Maryland. It has been a great networking opportunity. We have been discussing various potential public service projects, among other things.
This Thursday through Saturday I will be attending Maryland’s 53rd Annual Conference of Bar Presidents as part of the Young Lawyers Summit. This conference will give me, according to John Kudel, the President of Maryland State Bar Association, “the opportunity to meet Local and Specialty Bar Presidents and Presidents-Elect from all over Maryland and to exchange information and ideas.” I’m looking forward to it.
Judge Loney of the Anne Arundel County Circuit Court of Maryland passed away on October 4th, 2012. While I was clerking for Judge Davis-Loomis, Judge Loney went out of his way to talk to me about various cases and to give me advice. Not many lawyers or judges would actually do that. He positively influenced many others during his 20 years on the bench.