Eviction in Montgomery County: A Landlord’s Guide to Selling Without the Stress

If you are a landlord in Montgomery County dealing with a non-paying tenant, a squatter, or a lease violation, you know the frustration firsthand. Whether your property is in Rockville, Silver Spring, or Gaithersburg, a bad tenant can turn a profitable investment into a financial nightmare.

In Montgomery County, the eviction process is handled by the District Court of Maryland (locations in Rockville and Silver Spring) and enforced by the Montgomery County Sheriff. Unlike Virginia, Maryland has specific “tenant-friendly” laws, including the “Right of Redemption” (Pay to Stay) and strict DHCA licensing requirements that trip up many landlords.

This guide is designed to help landlords in Bethesda, Germantown, and Wheaton understand the specific Maryland eviction timeline and how to sell your rental property with the tenant in place to stop the bleeding immediately.

The Montgomery County Eviction Timeline (The “Hard Way”)

Evictions in Maryland are governed by Real Property Article § 8-401. In Montgomery County, you must follow these steps precisely to legally remove a tenant.

Step 1: The 10-Day Notice of Intent You can no longer file for eviction the day rent is late. You must first send a written “Notice of Intent to File a Complaint for Summary Ejectment”.

  • The Rule: You must give the tenant 10 days after receiving this notice to pay the rent before you can file in court.
  • Delivery: It must be sent via first-class mail (with a certificate of mailing) AND posted on the door.

2026 Pro Tip – The DHCA License Trap: In Montgomery County, you cannot file for eviction if you do not have a current, valid Rental License from the Department of Housing and Community Affairs (DHCA). Additionally, if you failed to provide the “Landlord-Tenant Handbook” at lease signing, the tenant can use this as a defense to delay eviction.

Step 2: Filing the “Failure to Pay Rent” (FTP) If the tenant hasn’t paid after the 10-day notice, you file Form DC-CV-082 (Failure to Pay Rent) at the District Court.

  • Where: Rockville (191 E. Jefferson St) or Silver Spring (8552 Second Ave) depending on the property zip code.
  • The Cost: The filing fee is approximately $50.00 plus $5.00 per tenant for service.
  • Hearing Date: The court will schedule a “Rent Court” hearing, typically 2-3 weeks later.

Step 3: The “Rent Court” Hearing You (or your agent) must appear in court. If the judge rules in your favor, you get a “Judgment for Possession.”

  • 4-Day Appeal: After the judgment, the tenant has 4 days to appeal.

Step 4: The Warrant of Restitution Winning the judgment does not evict the tenant. If they refuse to leave, you must file a Petition for Warrant of Restitution (Form DC-CV-081) to order the Sheriff to evict them.

  • Deadline: You cannot file this until 4 days after the judgment.
  • The Cost: Filing fee is $40.00.

Step 5: The Sheriff’s Eviction The Sheriff will schedule the eviction date. In Montgomery County, this requires significant coordination.

  • Movers Required: You must hire a sufficient moving crew (typically 10+ people) to remove all furniture and place it on the curb within a specific time window. If you don’t have enough movers, the Sheriff will cancel the eviction on the spot.
  • Right of Redemption: Up until the moment the Sheriff arrives, the tenant can “Pay to Stay” by paying the full judgment amount (cash or certified funds). They can use this right once every 12 months.

The Hidden Costs of Eviction

Evicting a tenant in Montgomery County is expensive.

  • Lost Rent: The process (10-Day Notice + Court Wait + Warrant + Sheriff Scheduling) often takes 3-6 months. In areas like Bethesda or Potomac, that is $10,000 – $25,000+ in lost income.
  • Mandatory Movers: Hiring a professional eviction crew in Montgomery County can cost $800 – $2,000+ per eviction.
  • Legal Fees: If the tenant contests the case or claims “uninhabitable conditions” (a common tactic in MoCo), your legal fees can skyrocket.

Your Options: Evict or Sell?

Option 1: Finish the Eviction (Keep the Stress) You continue paying the mortgage and taxes while receiving zero rent. You navigate the “Rent Court” system in Rockville and hope the tenant doesn’t find a loophole in your DHCA paperwork.

Option 2: Sell With the Tenant In Place (Walk Away) You can sell the property today, regardless of the tenant situation.

We Buy Montgomery County Rental Properties.

  • We Buy the Lease: We inherit the “bad” tenant. You don’t need to evict them.
  • We Buy As-Is: If the tenant trashed the unit, we don’t care. We buy it in current condition.
  • Cash Closing: We can close in as little as 10-14 days, putting cash in your pocket and ending your landlord liability instantly.

Important Contact Information

  • District Court of Maryland for Montgomery County
    • Rockville Location: 191 E. Jefferson St, Rockville, MD 20850.
    • Silver Spring Location: 8552 Second Avenue, Silver Spring, MD 20910.
    • Phone: (301) 563-8800.
    • Website: mdcourts.gov/district
  • Montgomery County Sheriff’s Office (Eviction Section)

Stop The Bleeding. Sell Your Rental Today.

If you are tired of chasing rent, dealing with squatters, or navigating the Montgomery County District Court, we can help. Fill out the form below for a fair cash offer on your rental property.

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Disclaimer: Consistent Homebuyers is a real estate investment firm, not a law firm or financial institution. We do not provide legal or tax advice. We recommend all clients consult with their own legal counsel regarding estate matters.