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In a communication issued September 8, 2021, Chief Judge John P. Morrissey of the District Court of Maryland stated that, effective October 1, 2021, before a landlord may file a complaint for failure to pay rent, the landlord must provide to the tenant a written notice of the landlord’s intent to file such a case unless the tenant pays all the rent claimed to be owed within 10 days. [House Bill 18, amending subsections (b)(2) and (c) of section 8-401 of the Real Property Article of the Maryland Code.].

The notice must be in a form created by the Judiciary. Per section 8-401(c) of the Real Property Article of the Maryland Code, notice is deemed to occur when the written notice is: 1. Sent by First Class Mail – Certificate of Mailing 2. Affixed to the door of the premises; or 3. If elected by tenant, sent by electronic delivery via email, text, or an electronic tenant portal. The Failure to Pay Rent complaint must also contain an affirmation that the landlord gave the required notice and the date it was given. [Section 8-401 (c)(3) of the Real Property Article of the Maryland Code].

The District Court Communication is available for viewing here.