Rent Court

What Is Rent Court?

The term “rent court” refers to cases filed by landlords against tenants for failure to pay rent. If the court rules in favor of the landlord, the landlord may be able to issue an eviction notice to the tenant.

Rent courts (also called housing courts) also deal with other landlord-tenant disputes, such as housing code violations. These specialized courts have abbreviated procedures and have limited powers within each state's jurisdiction.

How Does a Rent Court Work?

A rent court follows a landlord who takes legal action to evict a tenant from a rented dwelling for not paying their rent.

Although both of these cases can end up in an eviction, rent court typically does not involve a holdover tenant, who is someone who remains on the property after their lease agreement has ended.

States and the jurisdiction of housing courts can vary on the timeline of when the eviction process can start. In Maryland, for example, a landlord can start the rent court procedure as soon as the rent is overdue.

Steps in a housing court case

1. The landlord must deliver a written notice to the tenant that gives the tenant up to 10 days to pay the overdue rent.

2. If the tenant does not pay the rent within ten days of receiving the notice, the landlord files an official complaint with the District Court. The complaint includes the following information:

• The address and description of the property
• The names of each tenant or subtenant
• The amount of rent that is due, plus any late fees or other fees, minus the paid security deposit

3. The District Court issues a summons to notify the tenant about the trial.

4. A trial date before a judge is scheduled unless one party requests a jury trial. Witnesses may be subpoenaed to attend the trial.

5. If the court rules in favor of the tenant, the case is dismissed, and the tenant can remain on the property.

6. If the court rules in favor of the landlord, the landlord can file a warrant of restitution that arranges for a sheriff or deputy to handle the eviction.

7. In some cities, a tenant may use the “pay to stay” privilege at any time before eviction, with certain exceptions.

8. At the time of the eviction, the sheriff will visit the home to order the tenant(s) to leave the premises. The sheriff will remove the tenant’s personal property from the home.

9. A tenant or landlord may appeal the court decision up to four days after a decision has been reached in the case.

Evictions Cannot Occur Without Court Involvement

If a tenant fails to pay the rent on time and a landlord wants to pursue eviction proceedings, the landlord must seek court approval.

A tenant can challenge a rent court case by attending the hearing and bringing documents and other evidence to argue against the landlord’s claims.

Evidence to show the rent has been paid may include

• canceled checks
• photographs
• the lease agreement
• and accounting records.

Tenants can use evidence and witness testimony to show that they either paid the rent or tried to pay the rent, with the landlord refusing to accept it.

If the tenant does not appear at the rent court, the landlord will likely win the case. If the landlord does not appear, the case will likely be dismissed.

Helpful Resources:

NPR - Rent Court, Where Tenants Can Face A Tenuous Fate

Cornell Law - Housing Court

Maryland Courts - Rent Court for Tenants