Maryland Tenant “Holdover” Laws (Staying After the Lease Ends): A Practical Guide.

This is general information, not legal advice. Landlord-tenant rules can be fact-specific, and local rules may also matter.When a Maryland lease ends, many tenants assume the next step is simple: move out, renew, or go month-to-month. In reality, what happens next depends on (1) whether the landlord consents to the tenant staying, and (2) whether the landlord follows Maryland’s notice and court procedures for regaining possession.

This post explains Maryland’s “tenant holding over” framework in plain English, with the key timelines and process points drawn from Maryland Real Property § 8-402 and related court guidance.

1) What is a “holdover” tenant in Maryland?

In Maryland, a “holdover” situation arises when a tenant remains in possession after the lease expires or after a periodic tenancy is terminated and the tenant does not leave. Maryland law makes a holdover tenant potentially liable for actual damages caused by staying past the end date, with a statutory floor of at least the apportioned rent for the holdover period.

2) The single most important distinction: consent vs. no consent

If the landlord consents to the tenant staying

Maryland law says that, unless the written lease states otherwise and the tenant initialed that provision, a landlord’s consent to a holdover tenant remaining generally converts the arrangement into a periodic tenancy:

• Week-to-week if the tenant was week-to-week before, otherwise

• Month-to-month in all other cases.

In practical terms, “consent” can be explicit (a written extension) or implied by the landlord’s conduct—though the legal analysis can be nuanced (and disputes often center on whether consent existed).

If the landlord does not consent and wants possession back

The landlord must use the District Court holdover process (a “Tenant Holding Over” action) to regain possession. Self-help (changing locks, shutting off utilities, etc.) is unlawful in most residential situations.

3) Maryland’s notice rules: the deadlines that drive everything

Maryland Real Property § 8-402(c) sets the default written notice periods a landlord must give to terminate and repossess at the end of a term (with some exceptions). Key timelines include:

• 60 days: written lease for a stated term in excess of 1 week, or month-to-month tenancy;

• 90 days: most year-to-year tenancies (with special rules for certain farm tenancies);

• Week-to-week:

  • 7 days if there is a written lease, or

  • 21 days if there is no written lease.

There are also special rules in particular scenarios (for example, certain foreclosure-related terminations) and exceptions where a tenant’s own notice can change what the landlord must prove—but Maryland law explicitly says one of those tenant-notice provisions does not apply in Baltimore City.

Operational takeaway: In Maryland holdover cases, notice defects are common and can be outcome-determinative. If you are a tenant, keep the notice, envelope, and proof of delivery. If you are a landlord, use a notice process you can prove in court.

4) What happens if the tenant doesn’t leave after proper notice?

Step 1: The landlord files a holdover case in District Court

The landlord typically files a Complaint and Summons Against Tenant Holding Over (Real Property § 8-402) using Maryland Courts form DC-CV-080.

Step 2: Service and hearing

The summons is served by sheriff/constable (and may be posted if personal service cannot be made, with additional mailing requirements).
At the hearing, the judge determines whether the tenancy ended, proper notice was given, and whether possession should be restored.

Step 3: Judgment and “warrant of restitution”

If the landlord wins, the court issues a judgment for possession and the matter proceeds toward a warrant of restitution(the court order authorizing the sheriff/constable to restore possession).

A newer requirement: notice of a pending eviction after the warrant

Maryland Courts published a notice explaining new forms effective 10/01/2025 (CC-DC-CV-123 and CC-DC-CV-124) tied to legislation requiring a landlord to provide written notice to a tenant after a warrant of restitution is issued in cases including tenant holding over.

New changes in procedure include: after a warrant is issued, the landlord must give the tenant at least 6 days’ written notice before the scheduled eviction date using specified delivery methods.

5) Money exposure: rent, damages, and how payments are treated

Minimum damages and potential additional damages

Under § 8-402(a), a holdover tenant can be liable for actual damages caused by holding over, and the award may not be less than the apportioned rent for the holdover period.
People’s Law explains that, at minimum, the tenant owes rent for the holdover period at the lease rate and notes when a money judgment may be available depending on service.

Accepting payment does not automatically waive the landlord’s rights

Maryland law states that acceptance of payment after notice but before eviction does not automatically waive notice or a judgment for possession unless the parties specifically agree otherwise in writing, and it specifies how accepted payments must be applied (rent through possession recovery first, then costs/damages, then loss of rent).

Practical takeaway: Paying rent after notice does not necessarily “reset” the case. Tenants should get any agreement to stop a case in writing.

6) Tenant protections: no self-help eviction

In a residential landlord-tenant relationship, a landlord generally cannot simply lock a tenant out, seize the tenant’s property, or force a move-out by cutting essential services. Maryland guidance emphasizes that these “lockout” tactics are unlawful and that landlords must use legal process.

Closing thought

Maryland’s holdover framework is not just “lease ends, tenant leaves.” It is a structured process with strict notice timelines, a District Court case, and an eviction that—if it happens—must proceed through the warrant of restitutionprocess with required notices. Knowing those steps helps tenants avoid surprises and helps landlords avoid costly missteps. Marylandlandlordforms.com provides you with a complete tenant holding over package to help landlords navigate tenant holdover situations.