How to Evict a Roommate Not on the Lease in Maryland

Roommates, Subletting & Shared Housing Maryland published: June 21, 2025 Flag of Maryland

Struggling with a roommate who isn’t on the lease can be stressful, especially if they refuse to move out. In Maryland, removing a roommate not listed on the lease is a legal process involving specific steps, official forms, and important legal protections. This guide will help Maryland renters understand their rights and obligations, with clear instructions and useful resources to make handling this situation easier and safer.

Roommates Not on the Lease: Understanding the Basics

In Maryland, if your roommate isn’t named on the rental agreement, they’re known as an "unauthorized occupant." You, as the primary tenant or leaseholder, may still need to follow legal eviction steps even if you want them to leave.

  • Verbal agreements count: If you agreed to let them move in—even without a written agreement—they may be considered a subtenant or "tenant at will."
  • Laws protect all residents—people living in a unit for a certain period (usually more than 30 days) gain some legal protections, even without paperwork.

Key Maryland Renters Legislation & Tribunal

Eviction cases for unauthorized occupants in Maryland are handled by the Maryland District Court - Landlord & Tenant Division. All landlord-tenant laws are found in the Maryland Code, Real Property § 8-401 (Eviction Proceedings).[1] It’s important to follow these legal procedures, or you risk fines or legal action yourself.

How to Legally Remove a Roommate Not on Your Lease

Even if your roommate isn’t named on your lease, you cannot remove them yourself (change locks, throw out belongings, or physically force them out). You must follow a legal eviction process.

Step 1: Ask Your Roommate to Leave Voluntarily

  • Communicate clearly your desire for them to move out.
  • Give reasonable time (usually at least 30 days is recommended), though not required by law unless you previously agreed otherwise.
  • Document your request in writing (email or letter), in case you need proof later.

If your roommate still refuses, move to the formal court process.

Step 2: File a Wrongful Detainer Action

When a roommate occupies your unit without your permission or stays after being asked to leave, you can file a Wrongful Detainer Complaint with the district court. In Maryland, this is the same process used to remove an unauthorized occupant.

  • Form Name: Complaint for Wrongful Detainer (DC-CV-082)
  • Where to Get: Maryland Courts Landlord-Tenant Forms
  • When to Use: If your roommate stays after you asked them to leave and you are not their landlord, use this form to start the eviction process.
  • Practical Example: You asked your roommate to move out by the end of the month, but they’re still there. You file form DC-CV-082 at the district court in your county.

Step 3: Serve Notice and Attend the Hearing

  • The court will set a hearing date. Your roommate must be formally notified (served) of the complaint and hearing.
  • Both you and your roommate can present evidence to the judge, who will decide if the roommate must leave.
  • If the judge rules in your favor, your roommate will be ordered to move out by a deadline. If they still refuse, the sheriff can remove them.
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Important Tips and Cautions

  • Do not lock your roommate out or remove their property yourself; this is illegal in Maryland.
  • Keep copies of any communication or agreement (even texts or emails) about your living arrangement.
  • If your landlord hasn’t approved your roommate, check your lease: you could be violating your agreement and risk your own tenancy.
If you’re unsure about your legal options, consider contacting a Maryland tenant advocate or the court’s self-help center before starting the process.

Official Forms for Maryland Roommate Eviction

  • Complaint for Wrongful Detainer (DC-CV-082): Use to request the court to order your roommate out. Get the form here. File it in your local District Court.
  • Request for Service (DC-CV-002): Use to request the sheriff or constable officially serve your roommate the eviction paperwork. Download here. Required after filing your main complaint.

Both forms and instructions are available from the Maryland Courts Landlord-Tenant Forms page.

Summary: What Maryland Renters Should Remember

  • Always use legal channels—don’t take matters into your own hands.
  • Use Maryland District Court forms to evict a roommate not on your lease.
  • Stay informed about tenant and landlord rights under the Maryland Code, Real Property.

FAQs: Removing a Roommate Not on Your Lease in Maryland

  1. Can I lock out my roommate if they're not on the lease in Maryland?
    No, locking out a roommate is considered an illegal eviction. You must use the court eviction process and wait for an official order.
  2. How long does the wrongful detainer process take?
    After filing, the court usually holds a hearing within a few weeks. Timelines can vary based on court caseload and how quickly notice is served.
  3. What if my roommate was never listed on any formal agreement?
    Even if your agreement was verbal, they may still be protected as a "tenant at will." You still need to file a wrongful detainer complaint and go through the court process.
  4. Will my landlord be notified if I evict a roommate?
    Not automatically, but your roommate could notify your landlord. If your lease prohibits unauthorized roommates, you could risk your own tenancy.
  5. What MD court handles these eviction cases?
    The Maryland District Court, Landlord & Tenant Division, handles all residential wrongful detainer cases.

Conclusion: Key Takeaways for Maryland Renters

  • Maryland requires a formal court process to remove a roommate not on your lease.
  • Use the Complaint for Wrongful Detainer (DC-CV-082) and follow up with official service and a court hearing.
  • Never use "self-help" methods to evict a roommate, as it's against the law and could put your housing at risk.

Understanding your rights and following Maryland law protects you and can lead to a smoother resolution when dealing with a difficult roommate situation.

Need Help? Resources for Renters

  1. Maryland Code, Real Property § 8-401 – Eviction Proceedings
  2. Maryland District Court – Landlord & Tenant Division
  3. Maryland Courts – Landlord-Tenant Forms
  4. Maryland Attorney General – Consumer Protection (Landlords & Tenants)

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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