Was I served properly when copy of eviction was put in my mailbox?
Full Question:
Answer:
In Maryland, in order to evict a tenant, a landlord must go to district court to get a judgment against you. If he gets one, the court will issue an order of eviction and a sheriff will make you leave the home. A landlord who moves a tenant's belongings out of the home, changes the locks, or cuts off utilities without a court order may be criminally prosecuted and liable for damages. If this happens, tenants should call the police and an attorney or legal services organization.
A "notice to vacate" from your landlord is not a court order. This is the written notice that a landlord must give you at least one month before your lease ends, if he or she wants you to move out at the end of the lease. If you do not move out, your landlord can go to court to try to evict you.
If the landlord begins an eviction proceeding, the tenant will receive an official summons to attend a hearing.
In Maryland the summons/complaint must be delivered or “served” to the person named in the court process within a specified time-frame and in a legal manner. Notice may be served with:
1. Sheriff or constable posting form in a conspicuous place, usually on the door of rented property; and by first-class mail sent by sheriff or constable.
2. Personal service, where sheriff or constable attempts to personally deliver notice to tenant. Personal service requires an additional fee; personal service must be used if monetary judgment is sought.
If the tenant is deceased, the occupant or next of kin is to be served by personal service. If neither can be found, the sheriff or constable will post a copy of the summons upon the property.
A landlord can evict you for:
Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed.
Holding over.' If you do not move out when your lease has ended, your landlord may evict you for "holding over." The landlord must prove that he or she gave you proper notice (at least one month's advance written notice) of the ending of your lease.
Breach of lease. A landlord may evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give you one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others'safety). The landlord will have to prove that you violated your lease and that the violation was a serious one.
In addition, the state's attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities.If your landlord begins an eviction proceeding, you will receive an official summons to attend a hearing. The summons may be served on you in person, but most often it is mailed and/or posted on the rental property. Don't ignore it. Go to the hearing and be on time! If you don't show up the landlord will probably win.
The hearing gives you the chance to tell your side of the story. For example, you may be able to prove that you did pay the rent, or that you tried to pay the rent but the landlord wouldn't accept it, or that the landlord didn't give you a month's written notice that you had violated your lease and had to move out.
If the judge finds the landlord's case more convincing, he or she will rule in favor of the landlord. Within five working days, the landlord can file for a court order for the eviction, called a "warrant of restitution," and arrange for a sheriff to oversee the eviction.
You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.
On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility.
The Attorney General's Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord.
Downtown Baltimore Office
200 St. Paul Place, 16th Floor
Baltimore, MD 21202-2021
Complaint Line:
(410) 528-8662 or
1 (888) 743-0023 toll-free
9 a.m. to 3 p.m., M-F
TDD for hearing impaired person: (410) 576-6372
Website: www.oag.state.md.us/consumer (consumers can download a consumer complaint form)
Branch Offices
Cumberland Telephone Assistance
(301) 722-2000
9 a.m. to 12 p.m., 3rd Tuesday of each month
Frederick Telephone Assistance
(301) 694-1071
9 a.m. to 1 p.m., 2nd and 4th Thursday of each month
Western Maryland Branch Office
44 North Potomac Street, Suite 104
Hagerstown, MD 21740
(301) 791-4780
8:30 a.m. to 4:30 p.m., Mon-Fri.
Eastern Shore Branch Office
201 Baptist Street
Salisbury, MD 21801
(410)713-3620
8:30 a.m. to 4:30 p.m., Mon-Fri.
Southern Maryland Branch Office
15045 Burnt Store Road
Hughesville, MD 20637
Mailing address:
P.O. Box 745
Hughesville, MD 20637
301-274-4620 or toll-free 1-866-366-8343
9:30 a.m. to 2:30 p.m.,Tuesdays
Although the Consumer Protection Division covers the entire state, some counties also have their own consumer protection offices that could help you with rental problems. Find out if your county has its own landlord-tenant laws that might offer you extra protection. These two counties have a consumer affairs division that can try to help you with your dispute:
Howard County Office of Consumer Affairs
6751 Columbia Gateway Drive
Columbia, Maryland 21046
(410) 313-6420
Montgomery County Division of Consumer Affairs
100 Maryland Avenue, Suite 330
Rockville, Maryland 20850
(240) 777-3636
The Legal Aid Bureau
The Legal Aid Bureau, Inc. is a private non-profit law firm that offers free legal services to people with limited incomes. If you require legal help to resolve a landlord-tenant dispute, and are financially eligible for the Bureau's services, you can go to one of the Legal Aid offices located throughout the state.
Central Legal Aid 500 E. Lexington Street Baltimore, MD 21202 (410) 539-5340; (800) 999-8904
Anne Arundel County Office 229 Hanover Street Annapolis, MD 21401 (410) 269-0846 Baltimore/ (410) 263-8330 Anne Arundel Co./ (202) 261-1956 D.C. Metro area
Baltimore County Office 29 West Susquehanna Avenue Suite 305 Towson, MD 21204 (410) 296-6705
Cherry Hill Office 2490 Giles Road Baltimore, MD 21225 (410) 355-4223
Harford/Cecil County Office 5 N. Main Street Suite 200 Bel Air, MD 21014 (410) 836-8202 Harford Co. (410) 879-3755 Baltimore Co. (800) 444-9529
Howard County Office District Court, 2nd Floor 3451 Court House Drive Ellicott City, MD 21043 (410) 480-1057
Lower Eastern Shore Office 111 High Street Salisbury, MD 21801 (410) 546-5511
Metropolitan Maryland (Montgomery, Prince George's and Howard Counties) Office 6811 Kenilworth Avenue Calvert Building, Suite 500 Riverdale, MD 20737 (301) 927-6800
Midwestern Maryland Office (Frederick, Washington and Carroll Counties) 203A Broadway Frederick, MD 21701 (301) 694-7414/(800)679-8813
Montgomery County Office 14015 New Hampshire Avenue Silver Spring, MD 20904 (301) 879-8752
Northeastern Maryland Office (Harford and Cecil Counties) 5 North Main Street, Suite 200 Bel Air, MD 21014 (410) 836-8282 Harford Co./(410) 879-3755 Baltimore
Southern Maryland Office Route #231, 15364 Prince Frederick Road, Hughesville, MD 20637 (301) 932-6661 Charles Co./ (301) 884-5935 St. Mary's Co./ (410) 535-3278 Calvert Co.
Upper Eastern Shore Office 210 Marlboro Road Easton MD 21601 (410) 763-9676
Western Maryland Office 110 Greene Street Cumberland, MD 21502 (301) 777-7474 Allegany Co./ (301) 334-8832 Garrett Co.
Other Resources
You may also get help from these groups:
The Public Justice Center's Tenant Advocacy Project. Assists low-income tenants in Baltimore to improve substandard housing conditions and prevent unjust evictions.
500 E. Lexington St.
Baltimore, Maryland 21202
(410) 625-9409
Baltimore Neighborhoods, Inc. A tenant rights organization.
2217 St. Paul Street Baltimore, MD 21218 (410) 243-6007
