What We Handle — and What We Don't
The Cohen Law Firm represents property owners in two distinct Maryland actions: wrongful detainer under Md. Real Property Code § 14-132, and tenant holding over under Md. Real Property Code § 8-402. We do not handle failure-to-pay-rent cases or standard summary ejectment.
If your situation involves a former tenant who refuses to vacate after a lease has ended, a person occupying your property without any current legal right, or a holdover tenant who has remained beyond the expiration of a lease — this practice area is for you. If you need help with a current tenant who owes back rent, we can refer you to appropriate counsel.
Wrongful Detainer — § 14-132
Wrongful detainer is the remedy available when someone holds possession of real property without any right to possess it. This action applies where no landlord-tenant relationship currently exists — or where no remedy is available under Title 8 of the Real Property Article.
Common Wrongful Detainer Situations
- A former occupant who was never a formal tenant — a family member, domestic partner, or guest — refuses to vacate
- An unauthorized occupant or squatter has taken possession of vacant property
- A licensee whose permission to occupy has been revoked refuses to leave
- A person remains on the property after a court has already ordered removal in a separate proceeding
How the Wrongful Detainer Process Works
Under § 14-132, the property owner files a written complaint in the District Court of the county where the property is located. The court must schedule a hearing within 10 business days. Service must be made within 4 business days. The respondent cannot file any counterclaim or cross-claim — the proceeding stays entirely focused on possession.
If the court finds the complainant is legally entitled to possession, it issues a judgment for restitution and a warrant directing the sheriff to deliver possession. The court may also award damages, court costs, and attorney's fees if the complainant requested damages and the respondent was properly served.
Either party has 10 days to appeal. The person in possession may retain occupancy during appeal only by posting bond covering the fair rental value, all costs, and all accrued damages.
Key Procedural Features — § 14-132
| Feature | Detail |
|---|---|
| Filed in | District Court of the county where property is located |
| Hearing timeline | Within 10 business days of complaint filing |
| Service deadline | Within 4 business days of filing |
| Counterclaims | Prohibited — respondent cannot file counterclaims or cross-claims |
| Jury trial | Either party may demand (subject to § 8-118.1) |
| Appeal deadline | 10 days from District Court judgment |
| Available remedies | Restitution, damages, court costs, attorney's fees |
Tenant Holding Over — § 8-402
A holdover tenant is one who remains on the property after the expiration of a lease or termination of a tenancy without the landlord's consent. Maryland law treats an unlawful holdover as a separate cause of action from unpaid rent.
Damages for Holding Over
A landlord whose tenant holds over unlawfully is entitled to actual damages. The statute provides that damages may not be less than the apportioned rent for the holdover period at the lease rate. In addition, the landlord may recover actual losses caused by the delay — lost re-letting income, costs of obtaining substitute housing, or losses from inability to deliver clear possession to an incoming tenant.
Critical Notice Requirements
| Tenancy Type | Required Notice |
|---|---|
| Written lease or month-to-month | 60 days before expiration |
| Year-to-year (non-farm) | 90 days before end of current year |
| Year-to-year (farm tenancy) | 180 days before end of current year |
| Week-to-week (written lease) | 7 days before expiration |
| Week-to-week (no written lease) | 21 days before expiration |
Caution: Under § 8-402(d), if a landlord consents to a holdover tenant remaining without a written lease provision to the contrary, the holdover tenant automatically becomes a periodic month-to-month tenant. This can inadvertently extend the landlord's legal obligations significantly.
Warrant of Restitution — § 8-407 (Effective Oct. 1, 2025)
After a court issues a warrant of restitution, the landlord must — at least 6 days before the scheduled execution date — provide written notice to the tenant by: (1) first-class mail with certificate of mailing; (2) posting on the front door with a date-stamped photograph; and (3) electronic notice if the landlord has the tenant's email or cell number on file.
Failure to provide proper notice is serious. If the sheriff believes notice was not provided, the sheriff must notify the District Court and may not execute the warrant without further order. If the court finds notice was not given, it shall vacate the warrant — and a successful tenant challenge entitles the tenant to actual damages, attorney's fees, and injunctive relief.
Rental Licensure — § 8-406
In jurisdictions with mandatory rental licensing — including Baltimore City and Baltimore County — the landlord must plead and prove licensure compliance at trial. Filing without addressing licensure in a covered jurisdiction can result in dismissal. We verify licensure status before filing.
Which Action Applies to Your Situation?
| Your Situation | Correct Action |
|---|---|
| Former tenant stays after lease ends; prior landlord-tenant relationship | § 8-402 — Holding Over |
| Person never had a lease; no formal tenancy | § 14-132 — Wrongful Detainer |
| Domestic partner, family member, or guest refuses to vacate | § 14-132 — Wrongful Detainer |
| Squatter or unauthorized occupant | § 14-132 — Wrongful Detainer |
| Holdover after proper notice, no unpaid rent issue | § 8-402 — Holding Over |
Frequently Asked Questions
Need to Recover Your Property?
We handle wrongful detainer and tenant holding over throughout Maryland. Call today for a direct assessment — no charge for the consultation.