Maryland Holdover Tenant Eviction: The 2026 Landlord Guide to § 8-402

Holdover is the wrong tool for a tenant who is behind on rent under an active lease. It is the right tool for a tenant whose tenancy has actually ended (lease expired, periodic tenancy terminated) and who is still in possession without consent. Different statute, different notice, different damages, different post-judgment procedure. This is the 2026 walkthrough of Maryland's holdover action under § 8-402.

Holdover is for the tenancy that has ended. Failure to Pay Rent is for the tenancy that has not been paid. Get the case type wrong and the notice period, the damages, and the timing all break.

The holdover statute is codified at Md. Code, Real Property § 8-402. For the parallel Failure to Pay Rent statute (which is the more common eviction pathway), see Md. Code, Real Property § 8-401 and The Maryland FTPR Process, Step by Step.

When Holdover Applies vs FTPR

The two case types address different problems. Choosing the right one matters because the notice period, the damages calculation, and the post-judgment timing all differ.

The landlord can sometimes proceed under either FTPR or holdover when both apply (e.g., the lease has expired AND the tenant owes rent). FTPR is typically faster because of the 10-day notice period; holdover requires 30 days (or 60 in Baltimore City). Most landlords choose FTPR for nonpayment scenarios even when holdover is technically available.

The Holdover Notice (§ 8-402)

The threshold step. Maryland requires written notice to quit before a holdover action can be filed in District Court.

Notice period by jurisdiction

The Baltimore City 60-day rule is built into the statute itself as a specific carve-out. The statute states that the paragraph relating to notices in § 8-402(3) does not apply in Baltimore City; Baltimore City has its own 60-day rule.

What the holdover notice must contain

The statute does not prescribe a specific notice form, but practical content includes:

• Tenant's full legal name as on the lease (or as recognized by the periodic tenancy)
• Property address including unit
• The basis for ending the tenancy (lease expiration date, termination of periodic tenancy)
• The date by which the tenant must vacate (the end of the notice period)
• The landlord's name and contact information
• Statement that a holdover action will follow if the tenant does not vacate

Use a written form. Verbal notice does not satisfy § 8-402.

Service of the notice

The statute does not prescribe a specific service method, but Maryland practice favors:

• Personal delivery to the tenant with a witness or signed acknowledgment
• Posting in a conspicuous place on the property (typically the front door)
• Certified mail with return receipt requested

Document the service method, date, and proof. As with FTPR, the court will ask to see proof of service at the hearing.

Filing the Holdover Action

After the notice period expires without the tenant vacating, the landlord files in District Court. The form used in most counties is DC-CV-082 (Complaint for Summary Ejectment) with the holdover box checked rather than the FTPR box. The form has multiple case-type designations on a single sheet.

For the field-by-field walkthrough of DC-CV-082 in the FTPR context (which largely transfers to holdover with the case type changed), see How to Fill Out DC-CV-082.

Key field differences for holdover cases

• Case type: Mark the holdover box, not the failure-to-pay- rent box
• Notice attached: The 30-day (or 60-day BC) notice to quit goes in the case file with proof of service
• Amount claimed: Apportioned rent at the lease rate for the holdover period, plus actual damages (if any)
• Prayer for relief: Possession (always); money judgment for damages if recoverable

Filing fee and jurisdiction

The filing fee is the same as for FTPR ($36 to $56 depending on District Court). The case is filed at the District Court serving the property's municipality:

• Baltimore City: 500 N. Calvert Street (relocated from 501 E. Fayette Street effective October 14, 2025)
• Baltimore County: Towson, Catonsville, Essex, or Dundalk District Court depending on property location
• Other counties: District Court for the county

The Hearing

Holdover hearings follow the same general flow as FTPR hearings: docket call, document table, judge review, decision. The substantive issues the judge will look at:

• Did the tenancy end? Lease expiration or properly served termination of a periodic tenancy
• Was the holdover notice served correctly? 30 days (60 BC), proper content, proper service
• Is the tenant still in possession? Without consent of the landlord
• What damages can the landlord prove? Rent at lease rate for holdover period plus any actual damages

Tenant defenses are different from FTPR. Habitability and partial- payment defenses do not apply the same way because the case is not about rent currently owed under an active tenancy. The most common holdover defenses:

• Landlord consent. The tenant claims the landlord agreed (verbally or by accepting payment) to the tenant staying.
• Notice defect. Wrong notice period, missing required content, defective service.
• Lease still in effect. The tenant claims the lease was renewed, extended, or never properly ended.

The landlord's documentation (lease, notice, proof of service, communications log) is the deciding evidence in most cases.

Damages: The § 8-402 Floor and Above

Holdover damages are calculated differently from FTPR money judgments.

The statutory floor

Under § 8-402, damages awarded against a holdover tenant may not be less than the apportioned rent for the period of holdover at the rate under the lease. Practically: if the tenant held over for 45 days at a $2,000/mo rate, the minimum damages floor is approximately:

45 days ÷ 30 days × $2,000 = $3,000

The court will set a damages number at or above this floor.

Actual damages above the floor

The landlord can recover actual damages caused by the holdover above the rent-rate floor when proven. Common categories:

• Lost rent from a delayed new tenant (e.g., the unit was rented to a new tenant who could not move in on time and ended up not taking the unit at all)
• Marketing and re-leasing costs caused by the delay
• Additional turnover costs that would not have been incurred but for the holdover

Documentation is required. Bring lease records, communications with the prospective new tenant, marketing receipts, and any quantifiable evidence of the damages claimed.

Acceptance of Payment Does NOT Waive

A critical § 8-402 protection for landlords: acceptance of any payment after the notice has been served but before the eviction is executed does not waive the notice. The original notice remains effective; the case can proceed to judgment regardless of whether the tenant paid something during the notice period.

The only exception: if the parties specifically agree in writing that the payment creates a new tenancy or waives the notice. Verbal agreements, ambiguous text messages, or "rent" deposits into a tenant ledger without written terms do not waive.

Practical guidance:

• If you receive payment during the notice period, deposit it and apply it to the holdover damages, not to a new tenancy
• Send a written confirmation that the payment is applied to damages and the notice remains in effect
• Do not accept payment with any verbal or written statement that could be construed as agreeing to a new tenancy

After Judgment: Warrant of Restitution

If the court enters judgment for possession, the landlord files a warrant of restitution on DC-CV-081 to authorize the sheriff to execute. The post-judgment workflow is similar to FTPR with two important differences:

1. No 60-day clock under § 8-401(f). The two 60-day clocks that apply to FTPR warrants do not apply to holdover. The warrant should still be filed promptly to avoid administrative problems, but the strict 60-day filing and 60-day execution windows are FTPR-specific.

2. No redemption right under § 8-401(h)(1). The right of redemption applies to FTPR cases. A holdover tenant cannot "redeem" the tenancy by paying past rent because the case is not about past rent; it is about a tenancy that has ended.

For the form mechanics of DC-CV-081 itself (the petition fields transfer to the holdover context with minor adjustments), see How to File DC-CV-081.

Common Landlord Errors in Holdover Cases

1. Filing under the wrong statute. Using § 8-401 (FTPR) when the tenancy has actually ended and the tenant is holding over.
2. Short notice. 30 days when the property is in Baltimore City (where 60 days is required), or 14 days because the lease said so when § 8-402 sets a longer floor.
3. Accepting payment without written documentation. Creates ambiguity about whether a new tenancy was formed.
4. Inadequate damages documentation. Claiming actual damages above the rent-rate floor without supporting evidence.
5. Mis-categorizing the case at filing. Marking FTPR on the form when the actual claim is holdover. The judge may re-categorize or dismiss, depending on the court.

How EvictPro Handles Holdover Cases

EvictPro's case file workflow supports both FTPR and holdover case types with the right notice template, statute citations, and post-judgment timing for each.

What the platform tracks

• Case type designation at file setup (FTPR vs holdover vs other), driving the right notice template
• Notice period based on jurisdiction (30 statewide vs 60 Baltimore City for holdover; 10 for FTPR)
• Notice content auto-validated against the statute that applies
• Service documentation with timestamps
• Damages computation for holdover at the rent-rate floor with actual-damages add-ons
• Post-judgment workflow without the § 8-401(f) 60-day clocks for holdover cases (so the platform does not generate false-positive deadline alerts)

Stage-based pricing (court fees inclusive)

• Notice of Intent (FTPR 10-day) or Notice to Quit (holdover): $0
• Filing with Court: $99 (DC-CV-082 prep + filing + court fee)
• Court Hearing: $249
• Warrant of Restitution: $199 (DC-CV-081 prep + filing + court fee)
• Sheriff Scheduling: $75
• Eviction Day: $225

Or bundle with Full Eviction Service: $749. Pay only for the stages you need.

Related reading:

• The Maryland FTPR Process, Step by Step
• How to Fill Out DC-CV-082: A Field-by-Field Maryland Filing Guide
• How to File DC-CV-081 (Warrant of Restitution)
• Maryland Warrant of Restitution Timeline
• What to Bring to Baltimore Rent Court
• How Long Does an Eviction Take in Maryland?

Ready to serve a holdover notice that meets the statutory requirements and starts the clock cleanly? The Notice of Intent generator covers the FTPR path; if your case is holdover, contact the platform team to get the right § 8-402 notice template: