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Failure To Pay Rent-Landlords Complaint For Repossession Of Rented Property Under Real Property Form. This is a Maryland form and can be use in District Court Statewide.
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Tags: Failure To Pay Rent-Landlords Complaint For Repossession Of Rented Property Under Real Property, DC-CV-82, Maryland Statewide, District Court
DISTRICT COURT OF MARYLAND FOR
No. of tenants
1 2 3 4
CASE NUMBER
TRIAL DATE & TIME
Located at
Affixed on Premises
Landlord/Agent (Plaintiff)
Date
Address of Landlord/Agent
City
Zip
State
Mailed to Tenant
1 Name of Tenant (Defendant)
Constable/Sheriff
2 Name of Tenant (Defendant)
Served on Party:
Address of Tenant
State
City
Zip
Date
Date
FAILURE TO PAY RENT - LANDLORD'S COMPLAINT FOR REPOSSESSION OF RENTED PROPERTY
UNDER REAL PROPERTY § 8-401
1. The property is described as:
2. The property
Number
Street
Apt.
Property Name
is affected property under § 6-801, Environment Article
Maryland,
City
is not affected under § 6-801, Environment Article.
The property
is MD Dept. of the Environment registered,
is not MDE registered.
Inspection Certificate No.
Owner is unable to state Certificate No. because: property is exempt
tenant refused access or to relocate/vacate during remedial work.
3. The Tenant rents from the Landlord who asks for possession of the property and a judgment for the amount determined to be due.
4. The rent is $
due on the
of the week
month which has not been paid or reduced to judgment.
As of today, rent is due for the
weeks
months of
in the total amount of $
Late charges accruing in or prior to the month in which the complaint was filed for the weeks
months
of
are due in the amount of ..................................................................... $
The total amount of rent and late fees due at the date of this complaint is ........................................................................ $
5.
The Landlord requests future rent between the date of complaint and date of judgment in the amount of ................. $
6. Total including future rent .................................................................................................................................................. $
7. The Landlord requests the Tenant's right of redemption be foreclosed due to prior judgments. List the case numbers and judgment dates
within the past 12 months:
Case Numbers & Judgment Dates
All the Tenants on the lease are listed above.
At least one Tenant is in the military service.
No Tenant is in the military service and the facts supporting this statement are:
Specific facts must be given for the Court to conclude that each Tenant who is a natural person is not in the military.
I am unable to determine whether or not any Tenant is in the military service.
The Tenant is deceased, intestate (not having made a legal will), and without next of kin.
8.
I do solemnly declare and affirm under the penalty of perjury that the matters and facts set forth above are true to the best of my knowledge
and belief.
____________________________________________________
Print Name of Landlord/Attorney/Agent
Signature of Landlord/Attorney/Agent
Date
Address
Continued to
Telephone
Request of
DISPOSITION
____________________________
________________________________
The following parties appeared on final trial date:
Landlord
Tenant
Determined due and unpaid: $
By default After trial
Judgment in favor of Landlord
For possession of the premises
Without the right of redemption
Money judgment for $
against Tenant #1
#2
Costs against Tenant $
Voluntary dismissal by:
Landlord
Stipulation of parties
Case dismissed for
Judgment in favor of Tenant
Non Pros
After trial
By consent
Execution stayed until
Execution stayed by filing an approved appeal bond in the amount of $
DC/CV 82 (Rev. 9/2009)
Judge
Reason
_______________________________________________
SUMMONS
STATE OF MARYLAND, TO WIT:
By consent TO Sheriff of this County/Constable of this Court, Greetings:
You are hereby ordered to notify by first-class mail, the
Defendant or if the Defendant is deceased, (if paragraph 8
above is checked) notify by personal service the occupant or
next of kin of the deceased tenant named in this Complaint to
appear before the District Court to answer the Landlord's
complaint to show cause why the prayer of the Landlord
should not be granted, and you shall proceed to serve the
Summons upon the Defendant in the property or upon
Defendant's known or authorized agent, but if for any reason
neither the Defendant, nor his agent or if the Defendant is
deceased neither the occupant nor next of kin can be found,
then you shall affix an attested copy of the Summons
conspicuously upon the property.
Date
Judge/Clerk
Date
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DISTRICT COURT OF MARYLAND FOR
No. of tenants
1 2 3 4
CASE NUMBER
TRIAL DATE & TIME
Located at
Affixed on Premises
Landlord/Agent (Plaintiff)
Date
Address of Landlord/Agent
City
Zip
State
Mailed to Tenant
1 Name of Tenant (Defendant)
Constable/Sheriff
2 Name of Tenant (Defendant)
Served on Party:
Address of Tenant
State
City
Zip
Date
Date
FAILURE TO PAY RENT - LANDLORD'S COMPLAINT FOR REPOSSESSION OF RENTED PROPERTY
UNDER REAL PROPERTY § 8-401
1. The property is described as:
2. The property
Number
Street
Apt.
Property Name
is affected property under § 6-801, Environment Article
Maryland,
City
is not affected under § 6-801, Environment Article.
The property
is MD Dept. of the Environment registered,
is not MDE registered.
Inspection Certificate No.
Owner is unable to state Certificate No. because: property is exempt
tenant refused access or to relocate/vacate during remedial work.
3. The Tenant rents from the Landlord who asks for possession of the property and a judgment for the amount determined to be due.
4. The rent is $
due on the
of the week
month which has not been paid or reduced to judgment.
As of today, rent is due for the
weeks
months of
in the total amount of $
Late charges accruing in or prior to the month in which the complaint was filed for the weeks
months
of
are due in the amount of ..................................................................... $
The total amount of rent and late fees due at the date of this complaint is ........................................................................ $
5.
The Landlord requests future rent between the date of complaint and date of judgment in the amount of ................. $
6. Total including future rent .................................................................................................................................................. $
7. The Landlord requests the Tenant's right of redemption be foreclosed due to prior judgments. List the case numbers and judgment dates
within the past 12 months:
Case Numbers & Judgment Dates
All the Tenants on the lease are listed above.
At least one Tenant is in the military service.
No Tenant is in the military service and the facts supporting this statement are:
Specific facts must be given for the Court to conclude that each Tenant who is a natural person is not in the military.
I am unable to determine whether or not any Tenant is in the military service.
The Tenant is deceased, intestate (not having made a legal will), and without next of kin.
8.
I do solemnly declare and affirm under the penalty of perjury that the matters and facts set forth above are true to the best of my knowledge
and belief.
____________________________________________________
Print Name of Landlord/Attorney/Agent
Signature of Landlord/Attorney/Agent
Date
Address
Continued to
Telephone
____________________________
Request of
________________________________
Reason
_______________________________________________
SUMMONS
STATE OF MARYLAND, TO WIT:
TO Sheriff of this County/Constable of this Court, Greetings:
You are hereby ordered to notify by first-class mail, the
Defendant or if the Defendant is deceased, (if paragraph 8
above is checked) notify by personal service the occupant or
next of kin of the deceased tenant named in this Complaint to
appear before the District Court to answer the Landlord's
complaint to show cause why the prayer of the Landlord
should not be granted, and you shall proceed to serve the
Summons upon the Defendant in the property or upon
Defendant's known or authorized agent, but if for any reason
neither the Defendant, nor his agent or if the Defendant is
deceased neither the occupant nor next of kin can be found,
then you shall affix an attested copy of the Summons
conspicuously upon the property.
DC/CV 82 (Rev. 9/2009)
Judge/Clerk
Date
American LegalNet, Inc.
www.FormsWorkFlow.com
DISTRICT COURT OF MARYLAND FOR
No. of tenants
1 2 3 4
CASE NUMBER
TRIAL DATE & TIME
Located at
Affixed on Premises
Landlord/Agent (Plaintiff)
Date
Address of Landlord/Agent
City
Zip
State
Mailed to Tenant
1 Name of Tenant (Defendant)
Constable/Sheriff
2 Name of Tenant (Defendant)
Served on Party:
Address of Tenant
State
City
Zip
Date
Date
FAILURE TO PAY RENT - LANDLORD'S COMPLAINT FOR REPOSSESSION OF RENTED PROPERTY
UNDER REAL PROPERTY § 8-401
1. The property is described as:
2. The property
Number
Street
Apt.
Property Name
is affected property under § 6-801, Environment Article
Maryland,
City
is not affected under § 6-801, Environment Article.
The property
is MD Dept. of the Environment registered,
is not MDE registered.
Inspection Certificate No.
Owner is unable to state Certificate No. because: property is exempt
tenant refused access or to relocate/vacate during remedial work.
3. The Tenant rents from the Landlord who asks for possession of the property and a judgment for the amount determined to be due.
4. The rent is $
due on the
of the week
month which has not been paid or reduced to judgment.
As of today, rent is due for the
weeks
months of
in the total amount of $
Late charges accruing in or prior to the month in which the complaint was filed for the weeks
months
of
are due in the amount of ..................................................................... $
The total amount of rent and late fees due at the date of this complaint is ........................................................................ $
5.
The Landlord requests future rent between the date of complaint and date of judgment in the amount of ................. $
6. Total including future rent .................................................................................................................................................. $
7. The Landlord requests the Tenant's right of redemption be foreclosed due to prior judgments. List the case numbers and judgment dates
within the past 12 months:
Case Numbers & Judgment Dates
All the Tenants on the lease are listed above.
At least one Tenant is in the military service.
No Tenant is in the military service and the facts supporting this statement are:
Specific facts must be given for the Court to conclude that each Tenant who is a natural person is not in the military.
I am unable to determine whether or not any Tenant is in the military service.
The Tenant is deceased, intestate (not having made a legal will), and without next of kin.
8.
I do solemnly declare and affirm under the penalty of perjury that the matters and facts set forth above are true to the best of my knowledge
and belief.
____________________________________________________
Print Name of Landlord/Attorney/Agent
Signature of Landlord/Attorney/Agent
Date
Address
Continued to
Telephone
____________________________
Request of
________________________________
Reason
_______________________________________________
SUMMONS
STATE OF MARYLAND, TO WIT:
TO Sheriff of this County/Constable of this Court, Greetings:
You are hereby ordered to notify by first-class mail, the
Defendant or if the Defendant is deceased, (if paragraph 8
above is checked) notify by personal service the occupant or
next of kin of the deceased tenant named in this Complaint to
appear before the District Court to answer the Landlord's
complaint to show cause why the prayer of the Landlord
should not be granted, and you shall proceed to serve the
Summons upon the Defendant in the property or upon
Defendant's known or authorized agent, but if for any reason
neither the Defendant, nor his agent or if the Defendant is
deceased neither the occupant nor next of kin can be found,
NOTICE: If judgment for a sum certain was entered, then you shall affix an attested copy of the Summons
you may file a request that this judgment be recorded. conspicuously upon the property.
DC/CV 82 (Rev. 9/2009)
Judge/Clerk
Date
American LegalNet, Inc.
www.FormsWorkFlow.com
NOTICE TO THE TENANT
1. Your Landlord has asked the Court to evict you for failure to pay rent. Your case will be heard on the date and at the location
shown on the other side. To request a foreign language interpreter or reasonable accommodation under the Americans with
Disabilities Act, please contact the Court immediately.
2. If service of process has been made upon you by posting and mailing, only a judgment for possession can be entered against you.
However, if you are personally served then a money judgment may also be entered against you.
3. The Court may include rent that becomes due after the filing of this complaint. If you have not paid all the money due to your
Landlord by the trial date, the Judge may determine that you owe additional rent that has become due through the date of judgment.
4. If you have paid the rent by the trial date, you should come to Court on the trial date with your receipt and ask the Court to dismiss
the case.
5. If you have a defense or think you do not owe the rent, you should come to Court and state the facts. You have a right to bring a
lawyer to Court with you. BRING THIS PAPER WITH YOU TO COURT!
6. If the Court enters a judgment for the Landlord and orders you to move out, the Landlord may, on the fifth day after the trial date,
apply for a warrant for your eviction.
7. The warrant will be sent to the Constable or Sheriff who will then schedule an eviction if the rent has not been paid.
8. The Court may issue a Warrant for Eviction at any time after four business days from the date of judgment.
9. You have a right to pay the amount due at any time until the eviction begins, unless the Court has determined that because of the
number of rent judgments which you have had in the past 12 months, you no longer have that right. The Warrant of Restitution which
the Sheriff or Constable has will show whether the Court has ordered "No Right of Redemption" which means you may not pay the
amount due to stop the eviction. The amount you are to pay will be shown on the Warrant of Restitution which the Constable or
Sheriff has. The Court may issue a Warrant for Eviction at any time after four business days from the date of judgment.
10. Except in Baltimore City, on the day of the eviction the Sheriff or Constable will meet the Landlord and his workers at your home.
The Landlord's workers will remove the property from the premises. All goods will be placed on the road or street. The Sheriff or
Constable is not responsible for protecting your property.
IN BALTIMORE CITY ONLY
11. Special notice requirements apply to evictions. The landlord must provide notice to the tenant of the first scheduled eviction
date in each of three separate ways:
• Mail the notice to the tenant by first-class mail with a certificate of mailing at least 14 days in advance of the first
eviction date; and
• Mail the notice to the tenant by certified mail at least 14 days in advance of the first scheduled eviction date; and
• Post the notice on the premises at least 7 days in advance of the first scheduled eviction date.
• The day of mailing or posting is Day 1. Day 14 must be no later than the day before the scheduled date of eviction.
Count holidays and weekends.
The tenant may challenge whether the notices were properly sent. If the tenant challenges the notices or if the Sheriff has doubt that
the notices were properly given, the Sheriff will refer the issue to the Judge for decision. If the Judge determines that the landlord did
not comply with the notice requirements, the eviction will be postponed for 15 days. If the notice challenge is determined in the
landlord's favor, the Sheriff will execute the eviction immediately.
On the day of the eviction when the Sheriff returns possession of the property to the landlord, any of the tenant's personal property
left in or around the rental unit is considered abandoned. The tenant has no right to the property. The landlord's only obligation for
abandoned property is to properly dispose of it.
• The landlord is strictly prohibited from putting the abandoned property in the street, the sidewalk, alleys, or on any public
property. Anyone who illegally dumps abandoned property from an eviction is guilty of a misdemeanor and subject to a penalty of up
to $1,000 for each day of unlawful dumping.
• The landlord may dispose of the abandoned property by transporting it to a licensed landfill or solid waste facility, donating it
to charity, or some other lawful means.
APPEAL
You may file an appeal within four days from the date of the Judge's decision by filing a written request with the clerk of the District
Court where the case was heard and paying the required appeal costs. (Any Saturday, Sunday or any legal holiday is not counted as
part of the four-day time period.) An appeal bond must be posted in order to stay any execution of the judgment. An appeal does not
stay the payment of future rent or eviction.
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