Evictions

The Montgomery County Sheriff’s Office receives approximately 10,000 warrants of restitutions and writs of possessions from the Montgomery County Court each year. Many of these court orders are resolved by the involved parties prior to an eviction being carried out by the Sheriff’s Office. To provide efficient and prompt service, the Sheriff’s Office has prepared the following guidelines related to the scheduling and execution of eviction related court orders.

Plaintiff/Landlord/Agent

Md. Code, Real Property Article, §8-401(f)(1)(iii)

If the landlord orders a warrant of restitution but takes no action on the warrant within 60 days from the later of the date the court issues the order for the warrant, or the date as otherwise extended by the court:

  1. The warrant of restitution shall expire and the judgment for possession shall be stricken; and
  2. The judgment shall be applied to the number of judgments necessary to foreclose a tenant’s right to redemption of the leased premises as established in subsection (g)(2) of this section unless the court in its discretion determines that the judgment may not apply for purposes of subsection (g)(2) of this section.

To Schedule an Eviction:

  • File for a warrant of restitution (District Court) or writ of possession (Circuit Court).
  • Receive a Judge’s signed copy of the order from the court. An eviction date cannot be scheduled until the Eviction Section has received the original order from the court.
  • The plaintiff or authorized representative must call the Sheriff’s Office Eviction Section to schedule (have the Plaintiff/Landlord/Agent name listed on the court order available when scheduling).
  • The best times to call and schedule an eviction are:
    Weekdays, 10:00 AM to 2:00 PM

Scheduled evictions will be granted in one-hour time slots. An eviction may be scheduled for either 10:00 AM, 11:30 AM or 1:00 PM Monday through Friday.

On the Day of a Scheduled Eviction:

The plaintiff or authorized representative must be present at the property, at the scheduled time, with the appropriate keys/code to gain entry, and the plaintiff must provide:

  1. A moving crew of at least:
    • 8 persons for a one-bedroom apartment
    • 10 persons for a two-bedroom apartment
    • 12 persons for a three-bedroom apartment
    • 15 persons for a townhome
    • 20 persons for a single detached home
  2. Heavy-duty plastic bags and boxes
  3. Tools, which may be needed to disassemble a tenant’s personal property prior to removal.
  4. When applicable, a box-style moving truck may be required to relocate the tenant’s personal property to the nearest public space.
  5. When applicable, a locksmith or other similarly skilled person may be required to assist the deputies in gaining entry to the property.

Unavailability of sufficient or timely resources may result in the eviction being rescheduled.

Tenants

Prior to an eviction being scheduled, tenants receive a warrant of restitution or a writ of possession. Based on the specifics of that court order, tenants may be required to move or to pay a judgement amount to avoid an eviction.

Once an eviction has been scheduled, a courtesy “Final Notice to Vacate Premises” posting (red & white postcard) may be placed on the property. This notice is posted to make all occupants aware that there is a pending eviction. Eviction dates will not be disclosed.

Under no circumstances will the Sheriff’s Office provide a scheduled eviction date.

Weather Conditions

Evictions will not proceed in the following circumstances:

  • If it is raining or snowing at the start time of the scheduled eviction.
    • If rain or snow begin after the start time of the scheduled eviction, the eviction will continue until completion.
  • If the predicted high temperature from the national weather broadcast on the scheduled eviction date is 32 degrees or lower, evictions for that day will be rescheduled.
  • If the HEAT Index is or is forecast to be above 95 degrees, evictions for that day will be rescheduled.