# Maryland Holdover Tenant Eviction: The 2026 Landlord Guide to § 8-402 A tenant who stays past the end of the lease without consent is a holdover. Maryland holdover actions sit under Md. Code, Real Property § 8-402, not § 8-401 (which is for nonpayment). Current law requires 60 days notice for month-to-month tenancies statewide under § 8-402(c). The procedure looks similar to FTPR but the statute, the notice math, and the damages calculation are different. This is the 2026 walkthrough. - Published: 2026-06-11 (updated 2026-06-11) - Author: Jordan Walsh - Canonical: https://www.evictpro.us/blog/maryland-holdover-tenant-eviction --- 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. - **60 days**: notice (month-to-month) (§ 8-402(c)(2) statewide) - **7/21 days**: week-to-week (written / no written lease) - **No 60-day clock**: warrant timing (FTPR clocks do not apply) > 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 short version:** A holdover tenant has stayed past the end of the lease (or after a properly served termination of a periodic tenancy) without the landlord's consent. The action is under Md. Code, Real Property § 8-402. Notice: 60 days for month-to-month and stated-term leases statewide. Damages: at minimum the apportioned rent at the lease rate for the holdover period, plus actual damages. The 60-day warrant clocks under § 8-401(f) do NOT apply. Accepting payment does NOT waive the notice unless the parties agree in writing. The holdover statute is codified at [Md. Code, Real Property § 8-402](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-402&enactments=false). For the parallel Failure to Pay Rent statute (which is the more common eviction pathway), see [Md. Code, Real Property § 8-401](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=grp§ion=8-401&enactments=false) and [The Maryland FTPR Process, Step by Step](/blog/ftpr-maryland-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. | Situation | Right case type | |---|---| | Tenant is behind on rent under an active lease | **FTPR** (§ 8-401) | | Lease expired; tenant still in possession with no new agreement | **Holdover** (§ 8-402) | | Periodic month-to-month; landlord wants to end the tenancy | **Holdover** after § 8-402 notice | | Lease ended AND tenant owes back rent | Either, but FTPR usually faster | | Tenant violated a non-payment lease term (pets, noise, etc.) | **Breach of Lease** (different action) | | Squatter or no tenancy ever existed | **Wrongful Detainer** (different action) | 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 60 days for month-to-month tenancies. 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 | Tenancy type | Notice period | Source | |---|---|---| | Month-to-month, or written lease with stated term over 1 week | **60 days** | § 8-402(c)(2)(i) | | Year-to-year | **90 days** | § 8-402(c)(2)(ii) | | Week-to-week, written lease | 7 days | § 8-402(c)(2)(iv) | | Week-to-week, no written lease | 21 days | § 8-402(c)(2)(iv) | These are the current statewide periods in the statute text. The old framing of 30 days statewide with a 60-day Baltimore City exception predates the current § 8-402(c) and no longer matches the law. When in doubt, give 60 days and let the lease control if it requires more. ### 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](/blog/dc-cv-082-how-to-fill-out). ### Key field differences for holdover cases - **Case type**: Mark the holdover box, not the failure-to-pay- rent box - **Notice attached**: The expired § 8-402(c) notice to quit (60 days for month-to-month) 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 on the DCA-109 schedule (Rev. 03/2026: $50 in the counties, $60 in Baltimore City for summary ejectment; confirm the holding-over line at mdcourts.gov/courts/feeschedules). 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?** 60 days for month-to-month, 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](/blog/dc-cv-081-warrant-restitution-how-to-file). ## 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.** Giving 30 days to a month-to-month tenant when § 8-402(c)(2) requires 60, or following a short lease clause when the statute 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. **See stage-by-stage pricing**: https://www.evictpro.us/pricing **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) - [How to Fill Out DC-CV-082: A Field-by-Field Maryland Filing Guide](/blog/dc-cv-082-how-to-fill-out) - [How to File DC-CV-081 (Warrant of Restitution)](/blog/dc-cv-081-warrant-restitution-how-to-file) - [Maryland Warrant of Restitution Timeline](/blog/maryland-warrant-of-restitution-timeline) - [What to Bring to Baltimore Rent Court](/blog/what-to-bring-to-baltimore-rent-court) - [How Long Does an Eviction Take in Maryland?](/blog/how-long-does-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: **Generate your Maryland 10-day Notice of Intent now**: https://www.evictpro.us/notice-of-intent ## Frequently asked questions ### What is a holdover tenant in Maryland? A holdover tenant is one who stays in the rental property past the end of the lease (or past a properly served termination of a periodic tenancy) without the landlord's consent. Maryland law treats holdover as a distinct case type under Md. Code, Real Property § 8-402, separate from Failure to Pay Rent under § 8-401. The defining feature is that the tenancy has ended (or should have ended) and the tenant is still in possession. ### What is the difference between holdover and Failure to Pay Rent in Maryland? Different statute, different cause, different notice. FTPR under § 8-401 is for nonpayment of rent during an existing tenancy and uses a 10-day Notice of Intent. Holdover under § 8-402 is for a tenancy that has ended (lease expired or periodic tenancy terminated) and uses a longer notice period (60 days for month-to-month tenancies and stated-term leases under § 8-402(c)). FTPR uses the two 60-day warrant clocks under § 8-401(f); holdover does not. ### How much notice do I need to give a holdover tenant in Maryland? Under the current text of Md. Code, Real Property § 8-402(c)(2): 60 days written notice for a month-to-month tenancy or a written lease with a stated term longer than one week, 90 days for year-to-year tenancies, and for week-to-week tenancies 7 days with a written lease or 21 days without one. The lease can require longer notice. Older guidance citing 30 days statewide with a Baltimore City exception predates the current statute. ### Can I serve a holdover notice on a tenant who is also behind on rent? Yes, but think carefully about which case type fits. If the tenant is past the end of the lease AND owes rent, you can file holdover (which addresses the end of the tenancy) or FTPR (which addresses the rent owed). FTPR is typically faster (10-day notice) and includes a money judgment for the rent. Holdover focuses on possession and provides actual-damages recovery at the lease rate during the holdover period. Many landlords prefer FTPR for nonpayment cases even when the lease has technically expired, because the timeline is shorter. ### Do the 60-day warrant clocks apply to holdover cases? No. The two 60-day clocks under Md. Code, Real Property § 8-401(f)(1)(ii) and (iii) apply specifically to Failure to Pay Rent cases. Holdover actions under § 8-402, Breach of Lease actions, and Wrongful Detainer actions are not subject to those same time limits. The July 2026 revision of DC-CV-081 added explicit language clarifying this. Holdover warrants of restitution follow standard post-judgment timing without the 60-day FTPR clocks. ### What damages can a landlord recover in a Maryland holdover case? Under § 8-402, the landlord can recover actual damages caused by the holding over. The statute sets a floor: damages awarded may not be less than the apportioned rent for the period of holdover at the lease rate. So if the tenant held over for 45 days at a $2,000/mo lease rate, the minimum damages are roughly $3,000 (45/30 × $2,000). Actual damages above that floor (e.g., lost rent from a delayed new tenant, marketing costs, additional turnover costs caused by the delay) may also be recoverable. ### If I accept a rent payment from a holdover tenant, does that waive my notice? Generally no. Under § 8-402, acceptance of any payment after notice but before eviction does NOT operate as a waiver of any notice to quit, notice of intent to vacate, or any judgment for possession, UNLESS the parties specifically otherwise agree in writing. This is a meaningful change from common-law waiver doctrines in some other states. Document any accepted payment as applying to the holdover-period damages, not as a new tenancy creation. ### What if my tenant becomes a month-to-month tenant after holdover? If the landlord consents to the tenant remaining on the premises after the original lease ends (and does not promptly proceed with a holdover action), the tenant becomes a periodic tenant by default: week-to-week if originally weekly, month-to-month in all other cases. Once that periodic tenancy is established, ending it requires the same § 8-402(c) notice (60 days for month-to-month) and the same holdover procedure. The clock effectively resets, with the implicit periodic tenancy now being what needs to be terminated.