You've already become a landlord in Maryland, and you've already reaped the benefits of investing in real estate. But sometimes, a tenant isn't worth keeping.
And when that happens, it's time to deal with your least favorite part of being a landlord—evictions.
Here's a look at the eviction process and how landlords can navigate it as gracefully as possible.
What are Evictions and the Eviction Process?
An eviction is a legal process in which a landlord can remove a tenant from a property that the tenant is renting. These typically occur as a result of lease violations, but they can result from other reasons. The important thing to remember is that you cannot legally evict a tenant without cause—there has to be a reason.
The eviction process begins with termination. In order to legally terminate the tenancy, the landlord must provide the tenant with written notice. The terms of termination are spelled out in your state's statute. In Maryland, nearly all cases require written notice of termination. The length of notice depends on the type of tenancy. For example, in the case of tenancies by the year, notice must be given 90 days in advance.
Types of Notices for Evicting Tenants
If you are giving notice of termination with cause, you have three options:
- Pay rent or quit notice
- Cure or quit notice
- Unconditional quit notice
A pay rent or quit notice is used when the tenant has not paid rent. A cure or quit notice is used if the tenant violates a condition of the lease, such as no pets. An unconditional quit notice is an order for the tenant to vacate with no chance to remedy the problem and is typically only used in severe cases, such as repeated failure to pay rent or serious illegal activity.
The only time you can terminate without cause is if the tenant is on a month-to-month lease or other short-term rental agreement, in which case the landlord is only required to provide the amount of legal notice required by state law.
Defenses You May Encounter When Removing Tenants
Depending on the case, not all tenants will leave the property willingly. A countersuit can add weeks or months to the eviction process, and such cases are typically built on mistakes in the notice or in the eviction process. However, it's important to remember that courts will also consider your past action as a landlord, such as failure to maintain the premises in a liveable condition.
Because of this, it's essential to have expert help on your side throughout the eviction process.
Need More Great Landlord Tips for Rental Properties?
Evictions are a headache for everyone involved, but they don't need to be a nightmare. You just need expert resources on your side. That's where we come in, with high-quality professional property management services to help real estate investors manage their properties effectively. That way, you can focus on making the most of your investment.
Ready for real estate management you can trust? Head to our owner login today to get started.