Maryland Eviction Notice
Maryland eviction notice: 10-day pay-rent and 30-day breach-of-lease rules under Real Property Section 8-401. Free template. Attorney review available.
Introduction
An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing a repossession case in the District Court of Maryland. This page is the actual notice document to fill out and serve, built around the compact template below, not a broader explainer of how Maryland eviction law works. In Maryland, the notice depends on why you're evicting: nonpayment of rent gets a 10-day notice of intent to file, a lease violation gets a 30-day breach-of-lease notice, and a violation involving a clear and imminent danger of serious harm gets a shortened 14-day notice. Ending a tenancy with no breach at all, such as a month-to-month tenancy the landlord wants to end, follows a separate holding-over notice of 7 to 180 days depending on the tenancy type. Maryland requires the nonpayment notice to be provided on the Maryland Judiciary's own official form, DC-CV-115, rather than a notice the landlord drafts itself. Real Property Article Sections 8-401, 8-402, and 8-402.1 govern these notices, and that failure-to-pay-rent notice must state the amount claimed and the tenant's right to dispute it. The 30-day and 14-day breach-of-lease notices under Section 8-402.1 apply only where the lease allows the landlord to repossess for a breach during the term; if not, the landlord must wait for the lease to end and use the holding-over process instead. Serve the wrong notice, the wrong day count, or skip the required content, and the repossession case can be dismissed before it starts.
Key Things to Know
- 1
An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a repossession case in the District Court of Maryland.
- 2
Maryland requires the nonpayment notice to be provided on the Maryland Judiciary's own official form, DC-CV-115, not a notice the landlord writes itself. Nonpayment of rent gets a 10-day notice of intent to file, and the tenant can avoid the filing by paying the full amount claimed within 10 days after the notice is provided. (Maryland Real Property Article Section 8-401(c)(1); Section 8-401(c)(2)(i))
- 3
A lease violation, where the lease allows the landlord to repossess for a breach, gets a 30-day breach-of-lease notice. The tenant can avoid the filing by coming into compliance within those 30 days. This is often called a "cure-or-quit" style notice, though Maryland's statute uses the word "comply" rather than "cure." (Maryland Real Property Article Section 8-402.1(a)(1)(i)2.A)
- 4
A lease violation involving a clear and imminent danger of serious harm to the tenant, another tenant, the landlord, or property gets a shortened 14-day breach-of-lease notice instead of the standard 30 days. (Maryland Real Property Article Section 8-402.1(a)(1)(i)2.B)
- 5
The governing law is Maryland's landlord repossession statute, Real Property Article Sections 8-401 (failure to pay rent), 8-402 (holding over), and 8-402.1 (breach of lease), which set the notice periods and the District Court process that follows.
- 6
Ending a tenancy with no breach alleged, such as a month-to-month tenancy the landlord wants to end at its natural expiration, follows a different notice period under the "Holding Over" statute: 60 days for a month-to-month tenancy or a written lease over one week, 90 days for a year-to-year tenancy (180 for most farm tenancies), and 7 days (with a written lease) or 21 days (without one) for a week-to-week tenancy. (Maryland Real Property Article Section 8-402(c))
- 7
The failure-to-pay-rent notice must be on Maryland Judiciary Form DC-CV-115. Breach-of-lease and holding-over notices have no government-mandated form, but the law requires the notice to be in writing and state the required content (the violation and the landlord's intent to repossess, or the intended termination date).
Key decisions before you file
Before you file a Eviction Notice in Maryland, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
Open the Eviction Notice guideCustomize your Eviction Notice Template with DocDraft
Maryland Requirements for Eviction Notice
Before filing a Failure to Pay Rent repossession complaint, the landlord must give the tenant written notice of intent to file. The tenant can avoid the filing by paying the full amount claimed within 10 days after the notice is provided.
The 10-day Failure to Pay Rent notice must be provided by first-class mail with a certificate of mailing, by affixing it to the door of the leased property, or by electronic delivery (email, text message, or tenant portal) only if the tenant has elected electronic delivery, with proof of transmission. The Breach of Lease and Holding Over statutes do not themselves prescribe a service method for their pre-filing notices.
Where the lease breach involves behavior by the tenant, or a person on the property with the tenant's consent, that demonstrates a clear and imminent danger of serious harm to the tenant, other tenants, the landlord, the landlord's property or representatives, or any other person on the property, the standard 30-day breach-of-lease notice shortens to 14 days.
30 days' written notice that the tenant is in violation of the lease and the landlord intends to repossess. This notice applies only where the lease itself is an unexpired lease for a stated term that allows the landlord to repossess for a breach during the lease term. If the tenant complies within the 30 days, the landlord's basis for filing does not accrue.
The statutory basis for every notice type on this page and the District Court process that follows if the tenant does not comply: Real Property Article Section 8-401 (Failure to Pay Rent), Section 8-402 (Holding Over), and Section 8-402.1 (Breach of Lease), all within Title 8, Subtitle 4, Landlord's Remedies Other Than Distraint.
Distinct from the for-cause notices above: ending a tenancy where no breach is alleged requires written notice under the Holding Over statute of 60 days for a month-to-month tenancy or a written lease over one week, 90 days for a year-to-year tenancy (180 days for most farm tenancies), and 7 days with a written lease or 21 days without one for a week-to-week tenancy.
The Failure to Pay Rent 10-day notice must be in a form created by the Maryland Judiciary: Form DC-CV-115, "Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent)." Breach of Lease and Holding Over notices have no government-mandated form, but must be in writing and state the required statutory content.
Frequently Asked Questions
It depends on the cause. Nonpayment of rent requires a 10-day notice of intent to file. A lease violation requires a 30-day breach-of-lease notice, or 14 days if the violation involves a clear and imminent danger of serious harm. Ending a tenancy with no breach alleged, like a month-to-month tenancy, requires a separate holding-over notice of 7 to 180 days depending on the tenancy type.
No. Maryland law requires written notice before a landlord can file a repossession complaint in the District Court for nonpayment of rent (Real Property Section 8-401), breach of lease (Real Property Section 8-402.1), or ending a tenancy without cause (Real Property Section 8-402). Skipping the notice, using the wrong form, or serving it incorrectly can get the case dismissed.
It depends on the notice type. The failure-to-pay-rent notice must be on Maryland Judiciary Form DC-CV-115 and state the amount of rent and late fees claimed, the 10-day deadline, and the tenant's right to dispute the charges. A breach-of-lease notice under Real Property Section 8-402.1 must state that the tenant is in violation of the lease and that the landlord desires to repossess the premises. A holding-over notice, used when no breach is alleged, has no prescribed content beyond stating the landlord's intent to terminate the tenancy and the date it ends. All three must be in writing.
For nonpayment of rent, yes: the notice must be on Maryland Judiciary Form DC-CV-115, "Notice of Intent to File a Complaint for Summary Ejectment (Failure to Pay Rent)." For a breach-of-lease notice under Section 8-402.1 or a holding-over notice under Section 8-402, Maryland has no government-mandated form. The landlord can write the notice, as long as it's in writing and states the required content: the violation and the landlord's intent to repossess, or the intended termination date.
For nonpayment of rent and breach of lease, the day count runs forward from the date the notice is provided to the tenant: 10 days for nonpayment, 30 days for a standard breach of lease, or 14 days for the imminent-danger track. (Real Property Sections 8-401(c)(1), 8-402.1(a)(1)(i)) The holding-over notice, used to end a tenancy with no breach alleged, works differently: the day count (60, 90, 180, 7, or 21 days depending on tenancy type) runs backward from the expiration of the tenancy, not forward from the date of service. (Real Property Section 8-402(c))
If the tenant hasn't paid the amount claimed (nonpayment track), come into compliance (breach-of-lease track), or vacated by the applicable deadline, the landlord may file a written repossession complaint in the District Court of Maryland for the county where the property is located. The pre-filing notice is a precondition to filing: skip it, or serve the wrong notice for the cause, and the case can be dismissed before it starts.
Maryland's notice statutes do not spell out a signature requirement in the statute text itself. Because the day count runs from the date the notice is provided, and because the failure-to-pay-rent notice's service method must be documented (first-class mail with a certificate of mailing, affixed to the door, or tenant-elected electronic delivery with proof of transmission), the notice should record the date it was provided, who served it, and how. (Real Property Section 8-401(c)(2))
No. The notice is the first step. It's a written warning that gives the tenant a chance to pay, comply, or vacate before the landlord can file a case. If the tenant doesn't act, the landlord must then file a repossession complaint in the District Court and get a judgment. Even after judgment, the landlord doesn't remove the tenant directly: the sheriff executes the warrant of restitution, and the tenant gets at least 6 additional days' written notice of the scheduled eviction date. (Maryland Real Property Article Section 8-407)