Maryland’s new Procedures for Failure to Pay Rent, Breach of Lease, and Tenant Holding Over (HB 767) law changes the process landlords must follow when completing an eviction after a court issues a warrant of restitution. The goal is to ensure tenants receive proper notice and time to prepare before an eviction occurs.

Under the new law, landlords must now give tenants at least six (6) days’ written notice before the Sheriff may carry out an eviction.

• The notice must be sent by first-class mail with a certificate of mailing, posted on the front door, and, when possible, sent electronically (email or text), and must meet all other notice requirements established under Maryland’s new eviction law (HB-767).
• The Sheriff cannot proceed without proof that proper notice was given.

The City’s Chapter 13, Section 13-15(c) already requires landlords to notify both the tenant and the City once an eviction is scheduled with the Sheriff’s Office. Because this section references Maryland Real Property § 8-400 et seq., the new State requirements automatically apply within the City of Gaithersburg.

The City has shared this update with all licensed landlords and property managers and has prepared a tenant information sheet summarizing key rights and responsibilities under the new law.

If you have questions, contact Neighborhood Services at 301-258-6340 or RentalHousing@GaithersburgMD.gov.