How to Stay a Sheriff Lockout During Eviction Appeals in Maryland

If you're a renter in Maryland facing eviction, you may be worried about being locked out by the sheriff, especially if you're trying to appeal the court's eviction order. Fortunately, Maryland law provides a way for tenants to request a "stay" (pause) of a sheriff lockout while an appeal is pending. In this article, we explain your options, outline the process, and link to the official forms and resources you'll need to protect your home during an eviction appeal.

Understanding Sheriff Lockouts and Appeals in Maryland

After a court grants an eviction in Maryland, the landlord can request a "warrant of restitution." This allows the sheriff to remove the tenant and their belongings from the property. However, if a tenant files an appeal of the eviction decision, Maryland law offers a chance to request the court to "stay" or delay that lockout while the appeal is being decided.

Key Agencies and Legislation

• The main body handling residential eviction cases is the Maryland District Court.
• For landlord-tenant law in Maryland, refer to the Maryland Code, Real Property Article § 8-401 (Evictions and Tenant Protections).

Appealing an eviction judgment does not automatically stop the sheriff from changing your locks. You need to formally request a stay from the court.

How to Request a Stay of Sheriff Lockout During an Appeal

If you want to prevent a lockout while your eviction appeal is in progress, Maryland courts require you to take specific steps:

• File a "Motion to Stay Warrant of Restitution."
• Post an appeal bond (for nonpayment of rent cases), unless the court waives it based on your financial situation.
• Serve copies of your motion on all parties, including your landlord.

If the court grants your stay, the sheriff cannot lawfully carry out the lockout while the appeal is being decided. If the motion is denied, your eviction can proceed.

Required Forms and How to Use Them

• Motion to Stay Warrant of Restitution (CC-DC-CV-035): This form asks the court to pause the sheriff's lockout while your appeal proceeds.
  When to Use: File after you file your District Court appeal notice, but before the sheriff comes to carry out the eviction.
  How to Use: Complete and file at the District Court location where your case was heard. Also, serve a copy to your landlord.
  Access the Motion to Stay Warrant of Restitution Form (CC-DC-CV-035)
• Appeal Form (Notice of Appeal - CC-DC-AP-001): This form starts the appeal process from District Court to Circuit Court.
  When to Use: Submit within 4 days after the judgment in a summary ejectment (eviction for nonpayment of rent) case.
  How to Use: File with the District Court where your case was heard. A filing fee applies; however, you may request a fee waiver if you cannot afford it.
  Access the Notice of Appeal Form (CC-DC-AP-001)
• Request for Waiver of Prepaid Costs (CC-DC-089): If you can't afford the appeal bond or court fees, request a waiver by completing this form.
  How to Use: File with your District Court, attached to your appeal documents.
  Access the Request for Waiver of Prepaid Costs (CC-DC-089)

Step-by-Step: Staying a Sheriff Lockout During Your Eviction Appeal

• File a Notice of Appeal (CC-DC-AP-001) with the District Court within 4 days of your eviction judgment.
• Request a fee waiver if you cannot afford the court costs, using the Request for Waiver of Prepaid Costs (CC-DC-089).
• Prepare and file the Motion to Stay Warrant of Restitution (CC-DC-CV-035) as soon as possible.
• Serve copies of all forms on your landlord and retain proof of service for court.
• Attend any court hearings regarding your stay request. If the judge grants your motion, the sheriff must wait for the appeal outcome before locking you out.

If your request is denied, eviction proceedings may resume. Always check the status of your stay with your local District Court clerk to avoid misunderstandings.

Frequently Asked Questions (FAQ)

1. Does filing an appeal automatically stop a sheriff lockout in Maryland?
   No. Filing an appeal does not automatically pause a sheriff lockout; you must file a separate motion to stay the lockout.
2. Is there a deadline to file a stay of warrant of restitution?
   Yes, you should file the motion as soon as possible after appealing and before the scheduled lockout date.
3. Do I need to pay an appeal bond to stay an eviction?
   In nonpayment of rent cases, an appeal bond is usually required, but you may request a waiver if you cannot afford it.
4. Who decides whether to grant the stay?
   The District Court judge decides if the stay will be granted based on your motion and the circumstances of your case.
5. What happens if my stay is denied?
   If your stay is denied, the sheriff can proceed with the lockout as scheduled, even if your appeal is still pending.

Conclusion: Key Takeaways for Maryland Renters

Here are the most important things to remember:

• You must file a specific motion to stay the sheriff lockout in Maryland, even if you appeal your eviction case.
• Official court forms and deadlines are crucial—act quickly and contact the court to confirm your filing and hearing status.
• Help is available through the court's self-help resources and legal aid services.

Taking quick and informed action can help protect your home while your case is being reviewed.

Need Help? Resources for Renters

• Maryland Courts Landlord-Tenant Legal Help: Guide to forms, rights, and procedures
• Maryland Legal Aid: Free legal support for eligible renters
• People's Law Library of Maryland: Landlord and Tenant Law
• Contact your local District Court for case status and stay requests

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1. Maryland Code, Real Property Article § 8-401
2. Maryland District Courts - Landlord-Tenant Information
3. Maryland Courts Landlord-Tenant Resources
4. Notice of Appeal Form (CC-DC-AP-001)
5. Motion to Stay Warrant of Restitution Form (CC-DC-CV-035)
6. Request for Waiver of Prepaid Costs (CC-DC-089)

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