Effective statewide as of October 1, 2025, Md. Real Property Code § 8-407 requires a landlord to provide a tenant with a “Notice to Tenant of Pending Eviction” (the “Landlord Eviction Notice”) at least six (6) days before the scheduled eviction date under a judgment for possession of residential property issued in a summary ejectment proceeding for: (i) nonpayment of rent; (ii) tenant holding over; or (iii) breach of lease.
The law allows local jurisdictions to increase the notice period to a maximum of fourteen (14) days or decrease it to no fewer than four (4) days. Both Montgomery County and the City of Rockville have exercised this authority and increased the notice period to the statutory maximum of 14 days—effective November 10, 2025, in the City of Rockville (through Ordinance 16-25) and effective December 15, 2025, in Montgomery County (through Expedited Bill 31-25). As a result, landlords must provide at least 14 days’ notice before the scheduled eviction date in these jurisdictions. Landlords must confirm the applicable notice period for each county and locality in which a property is located to ensure compliance with this pre-eviction requirement.
The District Court of Maryland has published a form Landlord Eviction Notice that meets the requirements of Md. Real Property Code § 8-407, available here. As with notice-period adjustments, landlords must confirm whether the locality in which the property is located imposes additional requirements related to the Landlord Eviction Notice. For example, Montgomery County requires the Landlord Eviction Notice to be accompanied by a written statement that: (i) provides the URL established by the Department of Housing and Community Affairs (“DHCA”); and (ii) states that information and resources related to evictions are available at that URL.
The Landlord Eviction Notice must be provided to the tenant by: (i) first-class mail with a certificate of mailing; and (ii) posting the notice on the front door of the leased premises, supported by a dated and timestamped photograph. Again, landlords must confirm whether the applicable locality has additional delivery requirements. In Montgomery County, landlords must also email or text a copy of the Landlord Eviction Notice and the required written statement to the tenant if the landlord knows the tenant’s email address and/or cell phone number, and must email a copy to DHCA at DHCS.Evictionnotice@montgomerycountymd.gov.
Landlords must provide the Sheriff with copies of the Landlord Eviction Notice (and, if applicable, the additional written statement), the certificate of mailing, the dated and timestamped photograph of posting, and a signed affidavit from the person who posted the notice. In Montgomery County, landlords must also provide copies of the electronic transmissions to the tenant and to DHCA. If the required documentation is provided, the Sheriff will conduct the eviction and file the Landlord Eviction Notice with the appropriate District Court. If the Sheriff reasonably believes the Landlord Eviction Notice was not issued in compliance with the law, the Sheriff will not conduct the eviction and will notify the appropriate District Court, which will vacate the warrant of restitution.
The District Court has also published a form affidavit for landlords to affirm compliance with the Landlord Eviction Notice requirement, available here. Given the additional requirements in Montgomery County, landlords may wish to customize the affidavit to include references to electronic transmission to the tenant and to DHCA.
If a District Court finds that a landlord violated Md. Real Property Code § 8-407, the court may award the tenant: (i) actual damages; (ii) reasonable attorney’s fees and costs; (iii) injunctive relief to recover possession of the leased premises or personal property; or (iv) any other remedy the court deems reasonable. In addition, local jurisdictions may impose additional penalties for noncompliance. For example, Montgomery County may impose a Civil Class A Violation on a landlord who fails to provide the Landlord Eviction Notice and required written statement, or who intentionally provides false or misleading information to a tenant, with fines of $500 for a first violation and $750 for repeat violations, along with additional enforcement actions.
Landlords should consult legal counsel to ensure compliance with Maryland’s new eviction notice requirements and any other legal obligations applicable to their specific circumstances.
Should you have any questions about this matter, please contact Joshua M. Greenberg (jmg@gdllaw.com) or Erin B. McAuliffe (ebm@gdllaw.com).
