When a tenant will not leave a rental property after a legal judgment, many landlords ask the same question:
Does the sheriff have to be involved in a Maryland eviction?
The answer is yes. In Maryland, a landlord cannot legally remove a tenant without the court process and the involvement of the sheriff or constable. A landlord cannot simply change the locks, shut off utilities, remove belongings, or force a tenant out on their own.
Maryland evictions must go through the proper legal process.
Maryland Does Not Allow “Self-Help” Evictions
In Maryland, landlords are not allowed to take matters into their own hands. Even if the tenant has not paid rent, violated the lease, or stayed after the lease ended, the landlord must first go through the District Court.
That means the landlord generally must:
- File the correct eviction case with the court.
- Receive a judgment for possession.
- Request a Warrant of Restitution.
- Schedule the eviction with the sheriff or constable.
- Be present on the eviction date with any required movers, locksmiths, or crew.
Maryland Courts state that the sheriff or constable must be present during the eviction.
What Is a Warrant of Restitution?
A Warrant of Restitution is the court order that allows the landlord to take possession of the rental property after winning the eviction case.
Once the court issues the warrant, the landlord works with the sheriff’s office to schedule the eviction. The sheriff or constable is the official authority who supervises the legal return of the property to the landlord.
The Maryland People’s Law Library explains that after the court rules for the landlord, the landlord can file for a warrant of restitution to arrange for the sheriff to supervise the eviction. At the eviction, the sheriff orders the tenant and anyone inside to leave.
Can a Landlord Remove the Tenant Without the Sheriff?
No.
A landlord cannot legally remove a tenant from the property unless the sheriff or constable is present. This is true even if the landlord already won in court.
Without the sheriff or constable, the landlord should not:
- Change the locks
- Remove the tenant’s belongings
- Shut off water, heat, electricity, or other utilities
- Threaten or pressure the tenant to leave
- Enter the unit and force the tenant out
Doing this can create serious legal problems for the landlord.
What Does the Sheriff Do During an Eviction?
The sheriff’s role is to enforce the court order. The sheriff does not represent the landlord or the tenant. The sheriff is there to make sure the eviction is carried out legally and safely.
On eviction day, the sheriff or constable may:
- Confirm that the Warrant of Restitution is valid
- Verify that required notice was properly given
- Order the tenant and anyone inside to leave
- Allow the landlord to take back possession
- Stop the eviction if there is a legal reason not to proceed
Maryland law also says that if the sheriff reasonably believes the landlord did not provide the required notice, or that the tenant may have redeemed the property, the sheriff may not execute the warrant without further order from the District Court.
Notice Requirements Before the Eviction
After the court issues a Warrant of Restitution, Maryland law generally requires the landlord to give the tenant written notice before the scheduled eviction date.
Under Maryland Real Property § 8-407, the landlord must usually provide notice at least 6 days before the scheduled repossession date set by the sheriff. The notice must be sent by first-class mail with certificate of mailing, posted on the front door with a date-stamped photo, and sent electronically if the landlord has the tenant’s email address or cell phone number.
Local rules may be different. Maryland law allows local jurisdictions to adjust the notice period, including increasing it up to 14 days or decreasing it to as few as 4 days. For example, Baltimore City lists a 14-day mailing notice requirement for certain eviction cases.
Because county rules can vary, landlords should always check with the local sheriff’s office before the eviction date.
The Landlord Still Has Responsibilities
Even though the sheriff must be present, the landlord is still responsible for being prepared.
Depending on the county and type of property, the landlord may need to provide:
- A representative at the property
- A locksmith
- Movers or an eviction crew
- Trash bags, boxes, or removal supplies
- A truck, if property must be removed
- Proof that the tenant received proper notice
For example, the Frederick County Sheriff’s Office states that the landlord or agent must be present at the eviction and must provide a moving crew, with crew size based on the property type.
Can the Sheriff Cancel or Delay the Eviction?
Yes. An eviction may be delayed or stopped if there is a legal issue.
Common reasons include:
- The tenant paid the amount owed before the eviction, if the right to redeem still applies
- The landlord did not provide proper notice
- The court issued a stay
- The warrant expired
- Severe weather or local restrictions apply
- The landlord is not prepared with the required crew or locksmith
In failure-to-pay-rent cases, some tenants may have the right to “pay and stay” before the eviction, unless an exception applies.
Bottom Line
Yes, the sheriff or constable is required for a legal eviction in Maryland.
A landlord cannot remove a tenant by force, change the locks, or remove belongings without going through the court and having the sheriff or constable present. The proper process protects the landlord, the tenant, and the property.
For landlords and property managers, the safest approach is to follow the court process carefully, schedule the eviction with the sheriff’s office, provide proper notice, and have a professional eviction crew ready on the scheduled date.
Need Help With an Eviction in Maryland?
Maryland Local Services helps landlords, property managers, attorneys, and real estate professionals with eviction support throughout Maryland and the DMV area.
We Can Help With:
- Eviction moving crews
- Locksmith coordination
- Heavy-duty trash bags and boxes
- Truck service when needed
- Property cleanout support
- Sheriff-scheduled eviction day preparation
Schedule your eviction service online and secure your date with a team that understands Maryland eviction procedures.