According to the government website of Montgomery County, Maryland, which Germantown belongs to, the county's Sheriff's Office receives around 10,000 writs of restitution yearly. Writs of restitution are legal documents related to evictions. They permit landlords to "repossess" their rental properties from tenants.
So, if you're also a Germantown landlord (or about to become one), you must familiarize yourself with how evictions work here.
Join our team at PMI Milestone as we discuss facts about tenant-landlord disputes and the eviction process steps to take if you can't resolve them in Germantown, MD.
1. Maryland's Eviction Notice Rules
As the Maryland Office of the Attorney General explains, landlords must first give tenants appropriate advance notice about possible evictions due to cases of "holding over" or breach of lease. However, no advance notice is necessary for non-payment or withholding of rent.
Holding Over
Holding over occurs when a tenant refuses to leave a rental unit after their lease has ended. In this case, landlords must have given them at least 30 days of advance notice about the end of their lease.
Breach of Lease
Landlords must give tenants who break the lease a 30-day or 14-day notice before going to court. A 30-day notice is for breaches that don't present a significant danger or risk (e.g., exceeding the allowed number of tenants/occupants or pets in a rental property). A 14-day notice is for cases where the breach poses dangers (e.g., a tenant's failure to keep the premises clean, resulting in pest infestations).
2. Tenant Eviction Rights
Tenants in Germantown have the right to stay in the rental property until the court issues a writ of restitution. The Maryland People's Law Library explains that the state prohibits lockouts. For example, landlords can't turn off the utilities or change the locks to force tenants out.
Adhering to those rules is crucial for avoiding eviction pitfalls. Otherwise, you (the landlord) may be in legal trouble if your tenants sue you for these illegal actions.
3. Eviction Protection Plans
Depending on the reason, evictions in Maryland can take several weeks, even months, from when you, the landlord, issue the notice to the removal of the tenant from your property. There is no 100% guarantee you'll be able to recover your losses (e.g., unpaid rent) and expenses (such as filing costs), either. For this reason, it's wise to explore eviction protection programs that a reliable, full-service property management company offers.
For example, PMI Milestone offers eviction protection plans. If we must evict a tenant we've screened and placed, our plans will cover up to $2,000 of the applicable eviction-related costs. Our expert team will also handle the entire process on your behalf.
Avoid and Protect Yourself From Evictions
As a landlord, evictions should be your last resort in most tenant disputes, considering how expensive and time-consuming they can be. However, there are just some cases wherein an eviction is unavoidable.
PMI Milestone can help minimize your eviction-related risks through our careful and strategic marketing, tenant placement, and lease enforcement strategies, combined with our eviction protection plans. Our owner, Farrah Carter Benjamin, also brings over 17 years of experience in real estate, property management, banking, and accounting to the company.
Speak with us today for a free property consultation and discover how we can help your Germantown rental business succeed!
