Gaithersburg, MD Rental Property Rules: Just Cause Eviction (2026)
Just cause eviction rules in Gaithersburg, MD, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.
Key Facts
- Nonpayment Notice
- Demand for payment before filing
- Lease Violation
- 30-day notice to cure (first breach)
- Holdover Notice
- 60 days for 1+ year tenancy
- Self-Help Eviction
- Illegal under Maryland law
- OLTA Mediation
- 240-777-0311
Summary
Rental properties in Gaithersburg are subject to Maryland state eviction laws and Montgomery County tenant protections. Landlords must have a legally recognized reason to evict, such as nonpayment of rent, lease violation, or end of lease term. Montgomery County provides additional protections including mediation through the Office of Landlord-Tenant Affairs. Maryland law requires specific notice periods before filing for eviction.
§8-401. (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it shall be lawful for the landlord to have again and repossess the premises in accordance with this section. (b) (1) Whenever any landlord shall desire to repossess any premises to which the landlord is entitled under the provisions of subsection (a) of this section, the landlord or the landlord's duly qualified agent or attorney shall ensure that the landlord has completed the procedures required under subsection (c) of this section. [...] (c) (1) Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord's intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant. (2) (i) The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 1. Sent by first–class mail, certificate of mailing; 2. Affixed to the door of the premises; or 3. If elected by the tenant, sent by electronic delivery in at least one of the following forms: A. An e–mail message; B. A text message; or C. Through an electronic tenant portal. [...] (h) (1) Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving the landlord restitution of the leased premises, the tenant shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the landlord or the landlord's agent all past due amounts, as determined by the court under subsection (e) of this section, plus all court awarded costs and fees, at any time before actual execution of the eviction order. [...] (3) This subsection does not apply to any tenant against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Evictions in Gaithersburg follow Maryland Real Property Article Title 8 (Landlord and Tenant) and Montgomery County Code Chapter 29. Maryland law requires landlords to provide written notice before filing an eviction action. For nonpayment of rent, the landlord must provide a demand for payment and may file a failure-to-pay-rent action in District Court if rent remains unpaid. For lease violations (other than nonpayment), the landlord must provide a 30-day notice to cure or vacate for a first breach, or a 14-day notice for a repeated breach within 12 months.
For holdover tenants (those remaining after lease expiration), the landlord must provide a 60-day notice for tenancies of one year or more, or a 30-day notice for shorter tenancies. Montgomery County Code Chapter 29 requires landlords to provide specific written reasons for non-renewal of a lease. OLTA offers mediation services for landlord-tenant disputes before they reach court. The county also prohibits retaliatory evictions when tenants exercise their legal rights, such as reporting code violations or organizing tenant associations. Contact OLTA at 240-777-0311 for mediation and tenant rights information.
Violations & Fines
Landlords who attempt to evict without proper notice or legal cause may have their cases dismissed by the District Court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal under Maryland law and can result in damages of up to three months rent plus attorney fees. Retaliatory evictions are prohibited and may result in tenant counterclaims.
Frequently Asked Questions
Can a landlord evict without cause in Gaithersburg?
How much notice does a landlord need to give before eviction in Gaithersburg?
What is a self-help eviction and is it legal in Gaithersburg?
Sources & Official References
Other rules in Gaithersburg
Compare Gaithersburg to another location·View the Maryland rental property rules overview
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Just Cause Eviction in Nearby Cities
How other cities in Montgomery County handle just cause eviction.