How can I get the rent that is three months overdue without evicting the tenant? Can I use MD small claims court?

I'm not an attorney, but if it were me I can't think of a reason you couldn't use small claims court. You just wouldn't be able to obtain a judgment for eviction, just a normal judgment for money... And that sounds like what you want.

Usually the personnel in small claims court can help you get the case filed. The easiest thing to do may be to get the phone number for the small claims filing line (just locate and call the court main number and ask), and explain that what you'd like to do. But it sure sounds like you can do that.

I hope that helps.

Why would allow a tenant to remain when they are not paying rent? Using the eviction process would be better than going through small claims court. As part of the eviction the court will hand down a judgment as to what is owed.

The problem you have then is collecting on that judgment. You would have the same problem in small claims court. If he can't pay his rent, why do you think suing him over it will get him to pay?