Landlord & Tenant
Communication Regarding New Legislation Affecting Failure to Pay Rent Cases in Landlord/Tenant Actions - 09/09/2021
Effective May 15, 2006, the District Court of Prince George’s County Maryland began accepting Landlord & Tenant Filings electronically (e-filing) using the File & ServeXpress system. The Court is the first District Court in the state of Maryland to accept Landlord & Tenant cases filed electronically using the File & ServeXpress system, which has been the e-filing provider for the Circuit Court for Baltimore City’s asbestos cases. The implementation of the e-filing project will allow attorneys as well as un-represented parties to file Failure to Pay Rent actions, (Form DC-CV-082 or for Mobile Homes DC-CV-082 MH), Writs of Restitution (Form DC-CV-081), and any additional motions pertaining to those cases.
Frequently Asked Questions
What is Electronic Filing for Landlord & Tenant?
Why is the court using e-filing?
How do I e-file?
What do I need to e-file?
Why should I use e-filing?
What is the cost for e-filing?
How do I pay the court fees?
How do I pay the sheriff for service?
How will I get my notice from the court?
How will I get my court date?
How do I know the court has accepted my efiling?
Why is e-filing only in Prince George's County?
Do I have to use electronic filing to file an L&T case?
What is the MD Rule regarding Electronic Filing?
What is Electronic Filing for Landlord & Tenant?
Electronic Filing (e-filing) for Landlord Tenant (L&T) cases is a pilot project implemented in Prince George’s County District Court. The Prince George’s County District Court selected File & ServeXpress to provide the system through which filings will be made. The system allows Landlords and their representatives to file Failure to Pay Rent complaints as well as Warrants of Restitution online from the convenience of their home or office. Additionally any motions and other documentation related to these electronically filed cases may be filed by the Landlord or the Tenant.
Why is the court using e-filing?
The Prince George’s County District Court was chosen to use e-filing as a pilot project for L&T cases. This is an important part of bringing the State of Maryland and its Court system into the age of information. The purpose is to use technology to provide equal access to justice while allowing the court system to operate more efficiently and effectively. Additionally, e-filers will no longer be required to use the 5-part carbon-copy forms or physically bring the forms to the Courthouse. Filing electronically will be more convenient for all parties involved from the filer to the Court. Upon the conclusion of the project the District Court will be making recommendations to the Court of Appeals about whether or not to implement electronic filling statewide.
How do I e-file?
1) There are 3 simple steps to e-filing. First obtain an account with File & ServeXpress, Attorneys go to: https://os.fileandservexpress.com.
Self Represented Litigants: https://secure.fileandservexpress.com/basic/register.asp.
2) Second, visit the Prince George’s County e-filing website and obtain electronic versions of the necessary forms.
3) Third, login to File & ServeXpress and file your case. More detailed descriptions of the process and training for all who are interested can be obtained at https://secure.fileandservexpress.com or by calling Customer Service at 1-888-529-7587.
What do I need to e-file?
All you need is internet access, an email address, a credit card, and an electronic version of the form you wish to file. After you have these three things you can go to https://secure.fileandservexpress.com to sign up
Why should I use e-filing?
E-filing will allow you to file the Failure to Pay Rent and Warrants of Restitution forms anywhere there is internet access. It will allow you to get your case accepted and scheduled more quickly. Also you can check your case status, hearing date & time, and any other actions taken by the court or other parties involved in the case by logging on to your File & ServeXpress account.
What is the cost for e-filing?
There are no additional costs for e-filing your cases during the 2-year pilot project. The statutory filing and sheriff service fees remain the same.
How do I pay the court fees?
You will now pay the court fees through File & ServeXpress. You can obtain an account to file at https://secure.fileandservexpress.com. Filers not represented by an attorney can pay with a credit card via the File & ServeXpress website.
How do I pay the sheriff for service?
You will now pay the sheriff in conjunction with the court fees through File & ServeXpress. You can obtain an account to file at https://secure.fileandservexpress.com. Filers not represented by an attorney can pay with a credit card via the File & Serve website.
How will I get my notice from the Court?
After filing your case online you will receive a notice online on the File & ServeXpress system; if you have an e-mail address you can also receive e-mail notification from the court when your case has been accepted and is scheduled for a hearing. The online notice and the e-mail will contain your case number and your hearing date and time. Defendants will receive notice from the sheriff in the same manner as in the past.
How will I get my Court Date?
If you are an electronic filer your court date will be sent to you through the File & ServeXpress system and via e-mail. E-filers will also have the ability to log on to File & ServeXpress and view their case calendar at anytime. Defendants will receive their court date from the sheriff in the same manner as in the past.
How do I know the Court has accepted my efiling?
You will receive notice through the File & ServeXpress system and can receive e-mail notification from the court when your case has been accepted. E-filers will also have the ability to log on to File & ServeXpress and see their case status at anytime.
Why is e-filing only in Prince George’s County?
Landlord & Tenant E-filing in Prince George’s County is a pilot project. In other words, Prince George’s County will be utilizing the e-filing system and recommendations will be made about whether or not to go statewide with e-filing.
Do I have to use electronic filing to file an L&T case?
No – E-filing is strongly recommended but is not a requirement. You may still bring your Failure to Pay Rent and Writs of Restitution forms to the courthouse to be filed with the appropriate fees.
Maryland Rules
Title 16. Court Administration
Chapter 200. General Provisions - Circuit and District Courts
RULE 16-203. ELECTRONIC FILING OF PLEADINGS, PAPERS, AND REAL PROPERTY INSTRUMENTS
(a) Applicability; Conflicts with Other Rules.
(1) General Applicability; MDEC. Except for electronic filings subject to the Rules in Title 20, this Rule applies to the electronic filing of pleadings and papers in a circuit court or in the District Court and to the electronic filing of instruments authorized or required by law to be recorded and indexed in the land records.
(2) Conflicts with Other Rules. A pleading, paper, or instrument may not be filed by direct electronic transmission to a court except in accordance with this Rule or the Rules in Title 20. To the extent of any inconsistency with any other Rule, other than the Rules in Title 20, this Rule and any administrative order entered pursuant to it shall prevail.
Cross reference: Code, Real Property Article, § 3-502.
(b) Submission of Plan.
(1) Circuit Court. A County Administrative Judge may submit to the State Court Administrator a detailed plan for a pilot project for the electronic filing of pleadings and papers or of real property instruments. In developing the plan, the County Administrative Judge shall consult with the Clerk of the Circuit Court, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the County Administrative Judge chooses, to ensure that the criteria set forth in section (c) of this Rule are met.
(2) District Court. The Chief Judge of the District Court may submit to the Court of Appeals for approval a detailed plan for a pilot project for the electronic filing of pleadings and papers. In developing the plan, the Chief Judge shall consult with the District Administrative Judge and the District Administrative Clerk of each district included in the plan, the District Court Chief Clerk, appropriate vendors, the State Court Administrator, and any other judges, court clerks, members of the bar, vendors of electronic filing systems, and interested persons that the Chief Judge chooses, to ensure that the criteria set forth in section (c) of this Rule are met.
(c) Criteria for Adoption of Plan. In developing a plan for the electronic filing of pleadings, the County Administrative Judge or the Chief Judge of the District Court, as applicable, shall be satisfied that the following criteria are met:
(1) the proposed electronic filing system is compatible with the data processing systems, operational systems, and electronic filing systems used or expected to be used by the judiciary;
(2) the installation and use of the proposed system does not create an undue financial or operational burden on the court;
(3) the proposed system is reasonably available for use at a reasonable cost, or an efficient and compatible system of manual filing will be maintained;
(4) the proposed system is effective, secure, and not likely to break down;
(5) the proposed system makes appropriate provision for the protection of privacy and for public access to public records in accordance with the Rules in Chapter 900 of this Title; and
(6) the court can discard or replace the system during or at the conclusion of a trial period without undue financial or operational burden.
The State Court Administrator shall review the plan and make a recommendation to the Chief Judge of the Court of Appeals with respect to it.
Cross reference: For the definition of “public record,” see Code, General Provisions Article, § 4-101 (h). See also Rules 16-901--16-912 (Access to Court Records).
(d) Approval and Duration of Plan. A plan may not be implemented unless approved by administrative order of the Chief Judge of the Court of Appeals. The plan shall terminate two years after the date of the administrative order unless the Chief Judge terminates it earlier or modifies or extends it by a subsequent administrative order.
(e) Evaluation. The Chief Judge of the Court of Appeals may appoint a committee consisting of one or more judges, court clerks, attorneys, legal educators, bar association representatives, and other interested and knowledgeable individuals to monitor and evaluate the plan. Before the expiration of the two-year period set forth in section (d) of this Rule, the Chief Judge of the Court of Appeals, after considering the recommendations of the committee, shall evaluate the operation of the plan.
(f) Public Availability of Plan. The State Court Administrator and the Clerk of the Circuit Court or the Chief Clerk of the District Court, as applicable, shall make available for public inspection a copy of any current plan.