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Maryland’s New 10 Day Notice of Intent To File Failure To Pay Rent Complaint Explained

Table of Contents

  1. Intro
  2. Why Was This Change Implemented
  3. The Maryland Judiciary’s Mandatory Notice of Intent To File Failure To Pay Rent Form Requirement
  4. How The Notice of Intent To File For Summary Ejectment / Failure To Pay Rent Must Be Sent
  5. Modifications to Maryland’s New Failure To Pay Rent / Summary Ejectment Form

Intro

Maryland real property code 8-401 on failure to pay rent actions has been amended to require landlords to send a 10 day notice of intent to file a failure to pay rent action prior to filing a failure to pay rent action.

This effectively extends the grace period in Maryland for filing failure to pay rent actions from 5 to 10, and landlords in Maryland can no longer file failure to pay rent actions without first giving the tenant written notice.

Why Was This Change Implemented?

My assumption is that the legislature wanted to provide tenants with additional protections due to the fall our from the pandemic. But I don’t create the laws I just interpret them.

The Maryland Judiciary’s Mandatory Notice of Intent To File Failure To Pay Rent Form Requirement

In addition, the notice must be given using the Maryland Judiciary’s standard notice of intent to file a complaint for summary ejectment (failure to pay rent) form.

The notice must also contain certain language, but luckily for us, the form conforms to the law so as long as we fill it out completely we’ll comply with that requirement.

How The Notice of Intent To File For Summary Ejectment / Failure To Pay Rent Must Be Sent

The notice must also be sent by mail, with a certificate of mailing, via posting to the premises, (or via electronic notice if the tenant opted to it, more on that later). Please note USPS certificate of mailing is NOT certified mail, or priority mail. Although sending via priority mail so you have proof of mailing isn’t such a bad idea. It will be invalid if you send by priority mail but not with a certificate of mailing. The certificate of mailing is the white slip that the post office clerk stamps when you send the mail. Be sure to keep the certificate of mailing and to take it with you to court.

The 10 day notice can be sent via electronically by the following three methods of elected by the tenant: (1) E-mail, (2) Text message, (3) electronic tenant portal. I think the best definition of elected by the tenant means in writing, i.e. the tenant opts in via the lease agreement.

Modifications to Maryland’s New Failure To Pay Rent / Summary Ejectment Form

The Maryland failure to pay rent form has been modified to include an extra line specifying when the notice was sent, and how it was sent. Be sure to use the new Maryland failure to pay rent form when you file your failure to pay rent complaint. The Court will most likely send your complaint back to you if you use an outdated form.