# FTPR vs Breach of Lease vs Holdover: Choosing the Right Maryland Eviction Case Type Maryland's three eviction tracks compared side by side: notice periods, money judgments, appeal windows, redemption, and how to pick the right case type. - Published: 2026-09-24 - Author: Jordan Walsh - Canonical: https://www.evictpro.us/blog/ftpr-vs-breach-of-lease-vs-holdover-maryland --- Maryland doesn't have one eviction process. It has three, sitting in three adjacent statutes, and the first decision in every eviction is which one fits your facts. Pick right and the case moves on rails. Pick wrong and you find out at the hearing, after weeks of notice time and a filing fee you won't get back. This is the side-by-side: Failure to Pay Rent (FTPR), Breach of Lease, and Tenant Holding Over, compared on notice, proof, money, appeals, and timeline, with the decision framework up front. - **3 statutes**: three case types (§ 8-401, § 8-402.1, § 8-402) - **10 / 30 / 60**: days of notice (FTPR / breach / month-to-month holdover) - **4 vs 10**: appeal days (FTPR vs the other two) > The question is never "how do I evict this tenant." It's "what exactly is this tenant doing wrong." Answer that precisely and Maryland law hands you the case type. **The short version:** Not paying rent during the tenancy: FTPR under § 8-401, 10-day notice, DC-CV-082, money judgment available, 4-day appeal, redemption applies. Violating a lease term while the lease runs: Breach of Lease under § 8-402.1, 30-day notice (14 for danger), DC-CV-085, possession and costs only, 10-day appeal. Staying past the end of the tenancy: Holdover under § 8-402, 60-day notice for month-to-month, DC-CV-080, actual damages with an apportioned-rent floor, 10-day appeal. When facts overlap, FTPR is usually the fastest track and the only one that carries the rent judgment. ## The One-Question Decision Framework Ask what the tenant is doing wrong, in one sentence: - **"They stopped paying rent."** The tenancy is intact; the ledger isn't. File **FTPR** under [Md. Code, Real Property § 8-401](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-401&enactments=false). - **"They're breaking the lease."** Unauthorized occupants, pets, damage, illegal activity, nuisance, prohibited use, while the lease is still running. File **Breach of Lease** under [§ 8-402.1](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-402.1&enactments=false). - **"The lease is over and they won't leave."** The term expired, or you properly terminated a month-to-month tenancy, and the tenant is still there without consent. File **Tenant Holding Over** under [§ 8-402](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-402&enactments=false). If your sentence contains "and", you may have two case types, which is allowed. More on stacking below. ## The Side-by-Side Table | Feature | FTPR | Breach of Lease | Tenant Holding Over | | --- | --- | --- | --- | | Statute | RP § 8-401 | RP § 8-402.1 | RP § 8-402 | | Court form | DC-CV-082 | DC-CV-085 | DC-CV-080 | | What it's for | Unpaid rent during tenancy | Non-rent lease violation during term | Staying past end of tenancy | | Pre-filing notice | 10-day Notice of Intent (DC-CV-115) | 30 days written; 14 days for clear and imminent danger | 60 days for month-to-month; other periods by tenancy type; lease can require more | | Lease prerequisite | Tenancy with rent obligation | Lease must allow repossession for breach | Tenancy ended or properly terminated | | Proof burden | Ledger math: rent due and unpaid | Breach occurred AND was substantial and warrants eviction | Tenancy ended, notice given, tenant still in possession | | Money judgment | Yes: rent claimed (personal service or appearance required) | No: possession and costs only | Actual damages; floor of apportioned rent at lease rate | | Right of redemption | Yes: pay-to-stay until execution (unless NRR) | No | No | | Appeal window | 4 days, § 8-401(i) | 10 days, § 8-402.1(b)(2) | 10 days, § 8-402(b)(2)(ii) | | 60-day warrant clocks | Yes: request within 60 days of judgment, execute within 60 of issuance | No | No | | Typical uncontested timeline | 45-75 days | Roughly 60-90 days | Roughly 90-120 days for month-to-month | Three of those rows decide most real-world choices, so let's walk them. ## Notice: 10 vs 30 vs 60 Days The notice period is the biggest structural difference, because it's pure calendar time before you can even file. - **FTPR: 10 days.** The DC-CV-115 Notice of Intent under § 8-401(c), served and fully run before filing. EvictPro generates it [free, no account required](/notice-of-intent). - **Breach: 30 days**, stating the violation and your intent to repossess. It drops to **14 days** only when the conduct demonstrates a clear and imminent danger of serious harm, a high bar covered in the [breach of lease walkthrough](/blog/breach-of-lease-eviction-maryland). - **Holdover: the tenancy must end first.** For a month-to-month tenancy, § 8-402 requires written notice 60 days before the end of the tenancy; week-to-week and farm tenancies have their own periods, and a lease can require more. Only after the tenancy ends and the tenant stays does the holdover case exist. Local rules can add wrinkles, so verify your jurisdiction's current requirements before serving. The practical consequence: an FTPR case can be in front of a judge before a breach notice has even expired, and roughly two months before a month-to-month holdover case could be filed at all. ## Money: Who Gets a Judgment for What - **FTPR** is the only track where the rent itself is the judgment. Win with the tenant personally served (or appearing) and you leave with a collectible money judgment for the rent claimed, plus costs. Posting-only service limits a default to possession and costs, explained in [what happens after filing](/blog/what-happens-after-filing-ftpr-maryland). - **Breach of lease** pays you nothing but costs. The statute authorizes restitution of possession and a judgment for costs, period. Rent owed by the same tenant needs its own FTPR case or civil claim. - **Holdover** awards **actual damages** caused by the holding over, with a statutory floor: not less than the apportioned rent at the lease rate for the holdover period. Lost rent from a delayed incoming tenant can push above the floor. **The most expensive mismatch:** Filing breach of lease against a tenant whose real problem is nonpayment is the classic error: you wait 30 days instead of 10, carry a heavier proof burden, and win a judgment that doesn't include a dollar of the rent. If the core grievance is money, FTPR is almost always the right lead case. ## Appeals, Redemption, and the Post-Judgment Clocks The differences don't stop at judgment. - **Appeal windows.** FTPR judgments must be appealed within **4 days** under § 8-401(i). Breach of lease and holdover judgments each carry a **10-day** window (§ 8-402.1(b)(2) and § 8-402(b)(2)(ii)). In all three, staying in possession during the appeal requires the tenant to satisfy bond conditions protecting the landlord; an unbonded FTPR appeal doesn't stop the warrant. - **Redemption.** Only FTPR tenants can pay-to-stay. The [right of redemption](/blog/right-of-redemption-maryland-tenant) runs until the moment the eviction is executed, unless the case qualified for No Right of Redemption (3 prior FTPR judgments in 12 months statewide, 4 in Baltimore City). Breach and holdover judgments can't be bought back, because they were never about a balance. - **Warrant clocks.** FTPR's two 60-day clocks (request the warrant within 60 days of judgment, execute within 60 days of issuance) are specific to § 8-401(f). Breach and holdover warrants follow standard post-judgment timing without those FTPR deadlines. - **The wait before the warrant.** In FTPR cases the warrant can't be filed until the statutory post-trial wait runs: 7 days under § 8-401(f)(1)(i), treated in practice as 7 business days, which is 9-11 calendar days. **Let the case type drive the pipeline**: https://www.evictpro.us/pricing ## When Facts Overlap: Stacking and Sequencing Real tenants rarely fit one box. Common combinations: - **Behind on rent AND violating the lease.** File FTPR now for the money and the faster possession track; add a breach case if the conduct independently matters (danger, damage, neighbors leaving). The FTPR judgment plus redemption pressure resolves most of these before the breach case matures. - **Lease expired AND rent unpaid.** You can choose holdover (ends the tenancy question permanently) or FTPR (faster, carries the money judgment). Many landlords file FTPR even when the lease has technically expired, because a tenant who redeems an FTPR judgment has at least paid in full. If you never want this tenancy back, holdover is the cleaner endgame despite the longer notice. - **Danger to people or property.** The 14-day breach notice is the fastest statutory track Maryland gives a landlord for dangerous conduct. Document everything, involve police where warranted, and consult a licensed Maryland attorney; these cases justify professional help. Whatever you file, the prerequisites travel with you: Baltimore City landlords need a current rental license (and lead paint certificate for pre-1978 properties) to walk out of any of these hearings with a judgment. ### The situations none of the three cover Two edge cases trip up landlords who try to force them into these tracks: - **An occupant who was never your tenant.** A squatter, a guest who never left after the tenant moved out, or an ex-partner of a departed tenant is not evicted through FTPR, breach, or holdover. Maryland handles never-a-tenant occupants through a wrongful detainer action, a separate District Court proceeding with its own form and rules. - **Subsidized tenancies.** Section 8 and other subsidized leases layer federal notice and good-cause requirements on top of the state tracks. The state case type still has to be right, but it's not the whole analysis: see the [Section 8 eviction guide](/blog/section-8-eviction-maryland) before serving anything. **Choosing in ten seconds:** Money problem: FTPR, 10-day notice, money judgment, 4-day appeal, redemption applies. Conduct problem during the lease: Breach, 30-day notice (14 for danger), possession only, 10-day appeal. Tenancy-over problem: Holdover, 60-day notice for month-to-month, damages with an apportioned-rent floor, 10-day appeal. When in doubt, and rent is owed, FTPR leads. ## One Platform, Three Tracks The three case types share a courthouse but not a checklist, and the mistakes are all procedural: wrong notice period, wrong form, wrong expectation about the money. EvictPro manages all three as first-class pipelines: - **FTPR end-to-end**: free DC-CV-115 Notice of Intent, $99 Filing with Court (base court filing fee included, $5-per-tenant service fee at cost), $249 hearing representation, $199 warrant stage with the $50 DC-CV-081 fee included. - **Case-type-aware deadlines**: 10 vs 30 vs 60-day notices, 4 vs 10-day appeal windows, and FTPR's 60-day warrant clocks, calendared automatically per case. - **One evidence vault per tenant**, so a stacked FTPR-plus-breach strategy shares the same lease, ledger, and document record. - **Experienced Maryland agents** who work these dockets daily, whether you're filing your first case or your five hundredth. **Start with the free notice**: https://www.evictpro.us/notice-of-intent **Not legal advice**: This article is general educational information about Maryland landlord-tenant law and procedure. It is not legal advice and does not create an attorney-client relationship. Laws, court fees, and local rules change over time. For advice on your specific situation, consult a licensed Maryland attorney or a qualified housing counselor. **Related reading:** - [The Maryland FTPR Process, Step by Step](/blog/ftpr-maryland-process-step-by-step) - [Breach of Lease Eviction in Maryland: The § 8-402.1 Walkthrough](/blog/breach-of-lease-eviction-maryland) - [Maryland Holdover Tenant Eviction: The § 8-402 Guide](/blog/maryland-holdover-tenant-eviction) - [What Happens After Filing an FTPR Case in Maryland?](/blog/what-happens-after-filing-ftpr-maryland) - [How Long Does an Eviction Take in Maryland?](/blog/how-long-does-eviction-take-in-maryland) ## Frequently asked questions ### What are the three main eviction case types in Maryland? Failure to Pay Rent (FTPR) under Md. Code, Real Property § 8-401, for tenants who are not paying rent during a tenancy; Breach of Lease under § 8-402.1, for tenants violating a non-rent lease term while the lease runs; and Tenant Holding Over under § 8-402, for tenants staying past the end of the lease or a properly terminated periodic tenancy. Each has its own form (DC-CV-082, DC-CV-085, DC-CV-080), notice rules, and post-judgment procedure. ### Which Maryland eviction case type is fastest? FTPR, in most situations. Its pre-filing notice is only 10 days (the DC-CV-115 Notice of Intent), versus 30 days for a standard breach of lease notice and 60 days to terminate a month-to-month tenancy before a holdover case. An uncontested FTPR case typically runs 45-75 days from notice to eviction; breach and holdover cases usually run longer because their notice periods are longer. ### Which Maryland eviction case types allow a money judgment? FTPR allows a money judgment for the rent claimed, provided the tenant was personally served or appears. Holdover allows actual damages, with a statutory floor of apportioned rent at the lease rate for the holdover period. Breach of lease allows only possession and court costs: no rent money judgment is available in that action, so unpaid rent must be pursued separately. ### What are the appeal windows for each Maryland eviction case type? FTPR judgments must be appealed within 4 days under § 8-401(i). Breach of lease judgments carry a 10-day window under § 8-402.1(b)(2). Tenant holding over judgments also carry a 10-day window under § 8-402(b)(2)(ii). In each case an appeal only keeps the tenant in possession if the statute's bond conditions are met. ### Does the right of redemption apply to breach of lease or holdover cases? No. Redemption is an FTPR-specific right under § 8-401: the tenant can stop the eviction by paying all rent, late fees, and costs awarded, at any time up to the moment the eviction is executed, unless the case qualified for No Right of Redemption. Breach of lease and holdover judgments are not about a payable balance, so there is nothing to redeem: paying does not undo the judgment. ### Can I file more than one case type against the same tenant? Yes, when the facts support it. A tenant who is both behind on rent and violating the lease can face an FTPR case for the money and possession and a breach case for the conduct. Landlords often run FTPR in parallel because it is faster and carries the money judgment. Pick each case on its own facts, and remember each has its own notice prerequisite. ### What happens if I file the wrong case type? Dismissal, usually at the hearing. A breach case filed for simple nonpayment, or a holdover case without a properly terminated tenancy, gets dismissed on procedure regardless of the underlying facts. You lose the filing fee and the weeks invested in the wrong notice, and you restart on the correct track with the correct notice period.