Maryland Small Claims Procedure

All 50 states require the landlord to send an itemized statement concerning the deposit to the tenant after they move out. Even if the tenant damaged your home above the deposit, you have to send the letter explaining where the deposit was dispersed.

If you were awarded a judgment in the Eviction, you still have to send the letter. At the Small Claims court hearing, the Judge will have to view the letter to render a judgment. It can be used for back rent, damages, court costs or unpaid utility bills. Naturally we take the damages out first and if there is any money left over it will go towards the back rent. It is easier to prove back rent than damages in the courtroom. We can get the judgment on the damages but it will take more preparation for the hearing.

NEVER ALLOW THE TENANT TO APPLY THE DEPOSIT TOWARDS RENT! 

If you posted in the Eviction court for possession only but the tenant still owes rent, you can file a Small Claims. 

When a tenant moves out owing rent, damages above the deposit or unpaid utility bills, you can proceed to Small Claims Court to obtain the judgment. 

Before you file the Small Claims case, you must send a Demand Notice. The Demand Notice will be sent USPS via certified letter/return receipt demanding the money owed. They will have 30 days to pay the amount or you will file the Small Claims.

The dollar limit in the District of Maryland is $5,000

Statute of limitations to file the case: 3 years after infraction

If they fail to pay the alleged amount stated in the Demand Notice, you will proceed to the courthouse. Be sure to bring your copy of the Demand Notice to file with the case. The clerk will issue the Complaint and Writ of Summons that you will fill out and return. He/she will issue a court date where the plaintiff and defendant must appear. The Complaint and Writ of Summons documents must be personally served by the sheriff or a licensed process server.

At the court hearing, when the defendant appears, the Judge will suggest a mediator to conduct a pretrial hearing. We always agree to the session which satisfies the Judge,

The Judge rules the courtroom and we have to do everything perfect. Get on the wrong side of the Judge and it will be a nightmare. 

If an agreement isn't made between plaintiff and defendant, the judge will set a trial date. At the trial date, the plaintiff and defendant must appear.

If an agreement is made, the plaintiff should request a status hearing to make sure they are getting paid as agreed. Don't let them out of the system!

At the trial, the plaintiff must have the proof of service, itemized security deposit letter, rental agreement, pictures-receipts of the damages and the utility bill (paid) before the judge will render a judgment. I suggest bringing a witness if the plaintiff is seeking damages. 

If the defendant fails to appear after being served, the plaintiff can motion for a default judgment.

When the plaintiff fails to serve the defendant the court document, he/she can motion for an "Alias Summons". 

Another court date will be set so the plaintiff will have more time to get the documents served.

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Gary and Cynthia Schmidt have been landlords for over 30 years with over 500 tenants. The Schmidt’s couldn’t take when the tenants lived in the rentals and didn’t pay the rent. After a couple evictions, Cynthia dove into the Post-Judgment Proceedings to collect. Cynthia represented herself in court  since 1997 and has collected $300,000 in judgments in 96 satisfied judgments.