Can a Commercial Landlord Lock Out a Tenant for Failing to Pay Rent in Maryland?

 Posted on November 10, 2026 in Business and Commercial Litigation

A Maryland commercial landlord can sometimes change the locks without a court order when a tenant fails to pay rent. However, certain legal requirements must be met before a landlord can take this action.

An unlawful lockout can trigger damage claims. If you’re dealing with a tenant in default in 2026, our Montgomery County landlord/tenant dispute lawyers can review the lease and explain safer ways to regain possession.

When Is a Commercial Lease Lockout Legal in Maryland?

Maryland recognizes limited self-help eviction for commercial property. Self-help means regaining possession without first asking a court to remove the tenant.

In Donegal Associates v. Christie-Scott, the court explained that the tenant must have broken the lease and the lease must allow the landlord to take back the property. The landlord must also be able to do so peacefully. For example, changing locks when the business is closed can be peaceful if the other requirements are met. A later dispute does not automatically invalidate the lockout.

Maryland Real Property § 8-216 prohibits many lockouts of residential tenants, but those specific protections do not govern commercial leases. Notice requirements and property left inside still matter.

How Can a Maryland Commercial Landlord Evict a Tenant for Unpaid Rent?

A landlord can use summary ejectment, a court process for recovering property when rent is unpaid. Under Maryland Real Property § 8-401, the landlord files a complaint in District Court stating the unpaid rent and requesting possession.

The court can award possession, unpaid rent, and costs when legal requirements are met. If the tenant does not leave, the landlord requests a warrant of restitution. This is an order directing an authorized official to carry out the eviction.

The statutory 10-day notice required for residential nonpayment cases also does not apply to commercial leases. Still, the landlord must follow any notice terms in the lease.

Can a Maryland Commercial Tenant Pay Overdue Rent to Stop Eviction?

A commercial tenant can often stop an eviction by paying the overdue amounts and any court-awarded costs and fees before the eviction takes place. This is called the right of redemption. A commercial lease can waive this right. It also does not apply if the landlord won three judgments for possession over unpaid rent in the 12 months before filing the current case.

In Kapneck 14-16 v. Bkeezy's Speakeasy (2026), Maryland's Supreme Court upheld a commercial lease clause waiving that right. The court also said the tenant must receive notice of what each additional rent charge is for and how much is due. Before filing for eviction, the landlord must give the tenant the full time allowed by the lease to pay.

Landlords should verify any charges listed as rent in the lease.

What Other Remedies Can a Maryland Commercial Landlord Use When a Tenant Doesn’t Pay Rent?

Depending on the lease and circumstances, landlords can pursue several options:

• Sue for unpaid rent or enforce a personal guarantee signed by a business owner.

• Apply a security deposit or draw on a letter of credit when authorized.

• Negotiate a payment plan or written lease termination.

• Seek permitted future rent damages or use a court process to recover unpaid rent from property.

A guarantee makes an individual responsible for business debt. Claims for future rent depend on the contract and how the tenancy ended. Attorney fees also require a valid legal basis. Winning a dispute does not automatically entitle either side to fees.

What Risks Does an Illegal Commercial Lockout Create in Maryland?

A landlord who locks out a tenant without a valid right to possession can face a lawsuit. Business interruption, damaged inventory, and lost access to equipment or records can lead to claimed losses.

Improperly keeping or disposing of tenant property can lead to a conversion claim, meaning wrongful interference with ownership. Courts examine the lease and how the property was handled. Turning off utilities to force a business to leave can also create legal risk. 

Contact Our Rockville, MD Landlord/Tenant Dispute Attorneys

If you are facing a commercial rent dispute in 2026, our Rockville, MD attorneys can review your lease and explain your options. Attorney Faisal Moghul has been recognized as one of America’s Top 100 Civil Defense Litigators and as a Virginia Go-To Business Lawyer. His experience in commercial real estate and business litigation has earned him recognition among America's Top 100 Civil Defense Litigators and as Virginia's Go-To Business Lawyer. He was also nominated for an American Bar Foundation Fellowship in 2025 and has written about commercial loan defaults and foreclosure for LexisNexis.

Contact Fox & Moghul at 703-652-5506 to talk to our Montgomery County landlord/tenant dispute lawyers today. We have over 300 five-star reviews.