Baltimore City is the only jurisdiction in Maryland that requires landlords to give tenants notice of a scheduled eviction date as a result of a failure to pay rent action. This additional notice is not required for actions such as a wrongful detainer or tenant holding over action.
The point of this post is to properly explain the additional Baltimore City notice of eviction requirements so your lockout goes down smoothly.
The first notice a landlord must provide a tenant with is a notice of eviction date via USPS First class mail with a certificate of mailing.
This is by NOT certified mail, priority mail, or priority mail express. Although those notices technically are proof of mailing, this kind of mail does not need Baltimore City’s proof of mailing requirement. You need to use the actual USPS Certificate of Mailing slip. Be sure to click the link so you can see what it looks like.
If you use priority mail or certified mail as your proof of mailing the Sheriffs WILL NOT carry out your eviction.
You must keep your original certificate of mailing to give to the Sheriffs at the time of eviction.
Perhaps this should have been the first section but we’re here now. In order to be valid your Baltimore City eviction notice must contain:
I actually recommend simply using the form supplied by the Baltimore City District Court rather than typing your own form. You can ask for a copy of the notice at the Clerks office at the District Court located at 501 E. Street. The Sheriffs are used to seeing the standard form notice and the last thing you want to do is confuse the Sheriffs with one that you typed yourself. There’s no need to reinvent the wheel here. Just use their notice.
Landord’s in Baltimore City are required to give not just one, but TWO notices. The second notice must be delivered within 7 days in advance of the eviction date via posting to the premises, ideally to the front door. The notice must contain the required language from the above section. Again, I just use the one from the local District Court.
Fill out TWO copies of the notice of eviction and fill out the affidavit of service on both. One goes on to the tenants door. Although this is not a requirement I recommend taking a picture of the notice after posting. I am paranoid and would rather have additional too much proof.
The second notice is for you to give to the Sheriff on the scheduled eviction date. If you do not have your USPS Certificate of mailing and a copy of the notice, your eviction will not be carried out.
Do not hesitate to send me a message. Unfortunately, at the time of writing this post I am unable to initiate eviction proceedings due to the Courts being closed to the public due to COVID-19. In the meantime, if you have any questions feel free to reach out and ask. 🙂
I am giving free consults to landlords with cases affected by COVID-19 so take advantage of the offer while it’s here.
