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2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 1 - Definitions › Section 8A-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Gratuity” includes donation, bonus, fee, or gift.
(c)    (1)    “Mobile home” means a structure:
(i)    Transportable in one or more sections;
(ii)    8 or more body feet in width and 30 or more body feet in length;
(iii)    Built on a permanent chassis; and
(iv)    Designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities.
(2)    “Mobile home” includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
(d)    “Park” means any property leased or held out for lease to two or more residents or prospective residents.
(e)    “Park fee” means any fee, charge, or assessment charged for the use of the park or for services rendered.
(f)    “Park owner” means any person who has interest in the park and includes any person acting as the agent of a park owner as to the managerial or operations acts taken as the agent of the owner.
(g)    “Premises” means any:
(1)    Lot, plot, site, or parcel in the park; or
(2)    Building, structure, or mobile home in the park.
(h)    “Rent” means any money or other consideration given for the right of use, possession, and occupancy of the premises.
(i)    “Rental agreement” means any written understanding between a resident and park owner whereby the resident is entitled to place his mobile home on a site in the park for payment of consideration to the park owner.
(j)    (1)    “Resident” means a mobile home owner who leases or rents a site for residential use and resides in a mobile home park.
(2)    “Resident” includes a person who maintains a permanent residence with the mobile home owner, and who obtains title to the mobile home after the death of the owner under the terms of a will or by operation of law.
(k)    “Rule” means any rule established by the owner.
(l)    “Security deposit” means any payment of money, including payment of last month’s rent in advance of the time it is due, given to a park owner by a resident in order to protect the park owner against nonpayment of rent or damage to the leased premises.
(m)    “Utility service” means any service available to the premises from a private or public central source. Such services may include sewer, water, electricity, telephone, gas, oil, and cable television.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 2 - Rental Agreement, Written Rental Agreement, Disclosures to Current and Prospective Residents › Section 8A-201 - Duties of Park Owner

(a)    Before a current or prospective resident signs a rental agreement or occupies the premises, a park owner shall:
(1)    Provide the prospective resident with a written notice identifying the availability, capacity, and connection fee of all utility services at the proposed site in order to assure the proper and adequate installation of the mobile home. The prospective resident shall furnish to the park owner a written acknowledgment of this notification and acceptance of the site as proposed.
(2)    Deliver a copy of the rules and an explanation of any provision for amendment of the rule.
(3)    Deliver a copy of the rental agreement which shall contain the following:
(i)    A specific identification of the site to be leased;
(ii)    A term of tenancy of at least 1 year;
(iii)    A stipulation of:
1.    The total amount of annual rental for the site;
2.    The term of payment, whether monthly, quarterly, semiannually, or annually;
3.    The amount due for each installment;
4.    The amount of any late payment fee; and
5.    All park fees, in a manner that identifies the service to be provided for each park fee;
(iv)    A description of each general obligation of the resident and park owner;
(v)    A description of each service, facility, and utility service that the park owner will provide;
(vi)    A description of any termination and renewal option;
(vii)    The text of § 8A–202(c) of this subtitle, which defines “qualified resident”; and
(viii)    A specific reference to this title as the law that governs the relationships between the resident and park owner.
(b)    (1)    A rental agreement may not require an annual payment of rent for a site.
(2)    A prospective resident may request and a park owner may agree that the resident make an annual payment of rent for the site.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 3 - Rules › Section 8A-301 - Rules

(a)    (1)    A park owner shall establish reasonable rules related to the order, peace, health, safety, and qualification standards of mobile homes, residents, and the operation of the park.
(2)    A rule established under paragraph (1) of this subsection may not be enforced unless it is in writing and is delivered to each resident in the park.
(b)    (1)    A park owner shall prescribe reasonable, written standards for the mobile homes to be placed or retained in the park, their size, quality, appearance, material specification, construction and safety condition.
(2)    A rule adopted pursuant to paragraph (1) of this subsection setting a standard for the size, quality, material specification, or construction of mobile homes may not be enforced against any individual:
(i)    Who, at the time the standard is adopted, is the owner or tenant of a mobile home in the park, as to that mobile home; or
(ii)    Who purchases a mobile home from the individual who owned the home at the time the standard was adopted.
(c)    A park owner shall prescribe reasonable, written maintenance standards for any mobile home in the park or immediate area surrounding the mobile home, in accordance with the State or county health laws or regulations.
(d)    All rules and standards shall be fair and reasonable and, except as provided in paragraph (b)(2) of this section, shall apply uniformly to all residents in the park.
(e)    A rule or standard is not enforceable unless the park owner:
(1)    Delivers a copy of the rule or standard to each resident affected thereby; and
(2)    Posts a copy of the rule or standard in a conspicuous place in the park.
(f)    An amendment to a rule or standard is not effective until the later of:
(1)    The date specified in the amendment; or
(2)    30 days after the park owner delivers to each resident written notice of the proposed amendment.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 4 - Park Fees › Section 8A-401 - Increase in Park Fee

(a)    A park owner may increase a park fee only if the park owner delivers to each resident a notice in writing of the increase at least 30 days before the effective date of the increased park fee.
(b)    If a park owner fails to so notify a resident affected by the increase, the park owner may not collect the increased amount of the park fee from the resident.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 4 - Park Fees › Section 8A-402 - Prohibited Fees; Inspection Fees

(a)    An entrance or exit fee is prohibited.
(b)    A fee may not be charged:
(1)    In connection with the renewal of a rental agreement; or
(2)    To determine if a resident is qualified under § 8A-202(c) of this title.
(c)    Except if a material change results in the deterioration of the home, a park owner may not charge a fee for inspecting a home for resale more than one time within a 12-month period.
(d)    The fee for inspecting a home for resale may not exceed $60.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 4 - Park Fees › Section 8A-403 - Service Fee

(a)    A park owner may charge the resident a reasonable service fee, based on an amount that the park owner directly incurs, for installing, placing on, or removing a mobile home from the site.
(b)    In each case where a fee has been charged by a park owner, a written description detailing the fee shall be provided by the park owner to the resident.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 4 - Park Fees › Section 8A-404 - Late Payment Fee

A park owner may charge a late payment fee if:
(1)    The rental agreement provides for the fee;
(2)    The fee does not exceed 5 percent of the rent due or $5, whichever is higher; and
(3)    The rent is not paid within 5 days after the due date specified in the rental agreement.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 5 - Prohibitions Against Owner › Section 8A-501 - Prohibited Actions by Park Owner

A park owner may not:
(1)    Require, as a condition of tenancy, the purchase of any permanent improvement that would become the property of the park owner;
(2)    Require any current resident or prospective resident to purchase from any particular person a mobile home, materials, or equipment, including the equipment required by the applicable law, necessary for installation of the mobile home, except in connection with the initial leasing or renting of a newly–constructed lot not previously leased or rented to any other person;
(3)    Restrict the supplier of any product or service that the park owner does not supply to all residents in the park, except as the restriction directly relates to the safety of the residents;
(4)    Restrict the installation, service, or maintenance of any electric or gas appliance if the installation complies with the applicable building code and other laws;
(5)    Restrict any interior improvement of a mobile home if the improvement complies with the applicable code and other laws;
(6)    Directly or indirectly, receive, collect, or accept any gratuity from any person that is made to facilitate, influence, or procure any advantage over other prospective residents in connection with the lease, use, or occupation of the premises; or
(7)    (i)    Enforce the designation of an area in a park for exclusive occupancy by adults against any individual who, at the time the designation is made, is the owner or tenant of a mobile home in the park, as to that mobile home at its location at the time of the designation.
(ii)    Subparagraph (i) of this paragraph does not apply if only a part of the park is so designated, and
1.    The park owner:
A.    Has made available to the individual, under comparable terms and conditions, another reasonably equivalent site for the mobile home in an area of the park that is not so designated and the individual shall accept or reject the proposed site within 60 days from the time the equivalent site is made available; and
B.    Has assumed the responsibility of moving the mobile home at the park owner’s expense; or
2.    The mobile home is not moved.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 6 - Sales and Transfer of Mobile Homes › Section 8A-602 - Approval of Buyer

A park owner may prescribe by rule that, in any sale of a mobile home by which the mobile home is to be retained in the park, he reserves the right to approve the buyer and the standards of the mobile home. A park owner may not unreasonably withhold approval of a buyer.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 6 - Sales and Transfer of Mobile Homes › Section 8A-604 - Notice of Resident's Intention to Sell

A resident shall provide the park owner with a 30-day prior written notice of the resident’s intention to sell the mobile home which will be removed from the site or retained on the site after resale, subject to the provisions of this title.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 6 - Sales and Transfer of Mobile Homes › Section 8A-605 - Notice of Park Rules to Be Given to Buyer

(a)    (1)    This subsection applies to a person who sells a mobile home and, in connection with the sale:
(i)    Is, or acts as an agent for, the owner of the park in which the home is to be located; and
(ii)    Negotiates with the buyer to place the home in a park.
(2)    Prior to the execution of a contract for the sale of a mobile home, the seller of the mobile home shall provide to the buyer a copy of any rules established under Subtitle 3 of this title by the owner of the park in which the mobile home is to be located.
(3)    A contract is unenforceable by a person described in paragraph (1) of this subsection if the person does not comply with paragraph (2) of this subsection.
(b)    If subsection (a) of this section does not apply, the seller shall provide the buyer with a notice, in writing, separate from the contract, and in substantially the following form:
“If the mobile home you are purchasing is to be placed in a mobile home park, the park may have rules and lease provisions that affect you and your home.
You should contact the park office to obtain and carefully review a copy of the lease and rules for the park before you enter into a contract to purchase a mobile home.
Due to land use restrictions in many areas in this State, a mobile home may be placed only on property that is within a mobile home park.”
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 7 - Covenant of Quiet Enjoyment; Rights of Entry › Section 8A-701 - Right of Entry at Beginning of Term of Lease

(a)    A park owner shall assure the resident that the resident, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease.
(b)    If the park owner fails to provide the resident with possession of the site at the beginning of the term of any lease, the rent payable under the rental agreement shall abate until possession is delivered. The resident on written notice to the park owner before possession is delivered may terminate, cancel, and rescind the rental agreement.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 7 - Covenant of Quiet Enjoyment; Rights of Entry › Section 8A-703 - Consequential Damages

If due to the fault of the park owner, the park owner fails to provide the resident with possession of the site at the beginning of the term of any lease, whether or not the lease is terminated under this section, the park owner is liable to the prospective resident for consequential damages actually suffered by him subsequent to the prospective resident giving notice to the park owner of his inability to enter on the leased premises.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 7 - Covenant of Quiet Enjoyment; Rights of Entry › Section 8A-704 - Right of Entry in Certain Circumstances

(a)    A park owner has at all reasonable times a right of entry onto the mobile home site to repair or replace any utility and to protect the park. Except in the case of an emergency, the entry may not be made in a manner and at a time that interferes unreasonably with the quiet enjoyment of the site by the resident.
(b)    Except in the case of an emergency or to prevent imminent danger to a mobile home or its occupant, a park owner does not have any right of entry to the mobile home without the prior written consent of the resident. The resident may revoke at any time and in writing a consent to entry.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 8 - Park Owner -- General Obligations › Section 8A-801 - Duties of Park Owner; Discrimination

(a)    The park owner at all times shall:
(1)    Comply with all applicable building, housing, zoning, and health codes;
(2)    Keep in good repair the leased site and all permanent fixtures that the park owner provides;
(3)    Keep in a good state of appearance, repair, safety, and cleanliness the common areas and buildings;
(4)    Provide at all reasonable times for the benefit of residents access to common areas, including their buildings and improvements, which access may not infringe on the leased site of any resident; and
(5)    Keep in good repair each utility service.
(b)    A park owner or operator of a mobile home park, or his agent or employee, may not refuse, withhold from, or deny to any person any of the accommodations, advantages, facilities, or privileges of the mobile home park or leases to the premises because of race, creed, color, sex, or national origin of that person.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 9 - Resident -- General Obligations › Section 8A-901 - Duties of Resident

A resident and his guest at all times shall:
(1)    Comply with park rules by conducting himself in a manner that does not disturb unreasonably other residents and that does not constitute a breach of the peace;
(2)    Comply with all obligations imposed on the residents by applicable building, housing, zoning, and health codes; and
(3)    Keep clean and sanitary the leased site.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 11 - Eviction of Resident -- Park Owner's Remedies › Section 8A-1101 - Eviction of Resident

(a)    A park owner may only evict a resident for:
(1)    Nonpayment of rent; or
(2)    The following violations:
(i)    Making or causing to be made, with knowledge, any false or misleading statement on an application for tenancy;
(ii)    Violation of a federal, State, or local law that is detrimental to the safety and welfare of other residents in the park; or
(iii)    Repeated violation of any rule or provision of the rental agreement occurring within a 6–month period.
(b)    A park owner shall deliver to the resident by certified mail, regular mail, or personal delivery a written notice of the violation at least 30 days before the date the resident is required to vacate the premises. The notice shall be specifically addressed to the resident in question and shall provide a specific reason for the eviction.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 11 - Eviction of Resident -- Park Owner's Remedies › Section 8A-1102 - Prohibition on Nonjudicial Eviction by Willful Diminution of Services

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Threaten to take possession” means using words or actions intended to convince a reasonable person that the park owner intends to take imminent possession of the leased premises in violation of this section.
(3)    (i)    “Willful diminution of services” means intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas by the park owner for the purpose of forcing a resident to abandon the property.
(ii)    “Willful diminution of services” does not include a park owner choosing not to continue to pay for utility service for the leased premises after a final court order awarding possession of the leased premises, if the park owner has provided the resident reasonable notice of the owner’s intention and the opportunity for the resident to open an account in the resident’s name for that service.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a park owner may not take possession or threaten to take possession of leased premises from a resident or resident holding over by locking the resident out or any other action, including willful diminution of services to the resident.
(2)    A park owner may take possession of leased premises from a resident or resident holding over only:
(i)    In accordance with a warrant of restitution issued by a court and executed by a sheriff or constable; or
(ii)    If the resident has abandoned or surrendered possession of the leased premises.
(c)    (1)    If in any proceeding the court finds in favor of the resident because the park owner violated subsection (b) of this section, the resident may recover:
(i)    Actual damages; and
(ii)    Reasonable attorney’s fees and costs.
(2)    The remedies set forth in this subsection are not exclusive.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 13 - Retaliatory Actions › Section 8A-1301 - Retaliatory Actions

(a)    (1)    For any reason listed in paragraph (2) of this subsection, a park owner may not:
(i)    Bring or threaten to bring an action for possession against a resident;
(ii)    Arbitrarily increase the rent or decrease the services to which a resident has been entitled; or
(iii)    Terminate a periodic tenancy.
(2)    A park owner may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:
(i)    Because the resident or the resident’s agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to:
1.    The park owner; or
2.    Any public agency against the park owner;
(ii)    Because the resident or the resident’s agent has:
1.    Filed a lawsuit against the park owner; or
2.    Testified or participated in a lawsuit involving the park owner; or
(iii)    Because the resident has participated in any tenant’s organization.
(b)    (1)    A park owner’s violation of subsection (a) of this section is a “retaliatory action”.
(2)    A resident may raise a retaliatory action of a park owner:
(i)    In defense to an action for possession; or
(ii)    As an affirmative claim for damages resulting from a retaliatory action of a park owner occurring during a tenancy.
(c)    If in any proceeding the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter judgment against the park owner for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney’s fees, and court costs.
(d)    An action by a park owner may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a resident’s action that is protected under subsection (a)(2) of this section.
(e)    As long as a park owner’s termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the park owner’s or the resident’s rights arising from breach of any provision of a rental agreement or rule, or either party’s right to terminate or not renew a rental agreement pursuant to the terms of the rental agreement or the provisions of other applicable law.
(f)    If any county has enacted or enacts an ordinance comparable in subject matter to this section, this section shall supersede the provisions of the ordinance to the extent that the ordinance provides less protection to a resident.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 15 - General Enforcement Authority › Part I - Civil Actions › Section 8A-1501 - Civil Actions

(a)    This title and each rental agreement made under it impose an obligation of good faith in performance and enforcement.
(b)    (1)    A resident or a park owner may enforce by civil action any right or duty under this title.
(2)    If either the park owner or the resident fails to comply with the rental agreement or with this title, the aggrieved party may recover the damages caused by the noncompliance.
(3)    In an action by or against a resident, if the resident prevails and if the rental agreement contains a provision that allows attorney’s fees to the park owner, the court also may allow reasonable attorney’s fees to the resident.
(4)    In an action by a resident, the court may award equitable relief that it considers necessary, including the enjoining of further violations. The losing party may be liable for court costs and reasonable attorney’s fees incurred by the prevailing party.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 15 - General Enforcement Authority › Part II - Specific Enforcement Authority › Section 8A-1502 - Unconscionability of Rental Agreement or Park Rule

(a)    If it is claimed or appears to the court that a rental agreement or park rule may be unconscionable, the court may give to the parties a reasonable opportunity to present evidence as to the meaning of the rental agreement or park rule, relationship of the parties, purpose, and other relevant factors to aid the court in making a determination.
(b)    A park rule that does not apply uniformly to all residents in a park creates a rebuttable presumption of unfairness.
(c)    In determining if a provision of a rental agreement or of a park rule is unconscionable the court may consider if the provision:
(1)    Promotes the convenience, safety, or welfare of residents;
(2)    Preserves from abusive use property of the park owner;
(3)    Promotes a fair distribution of services or facilities held out to residents generally;
(4)    Relates reasonably to its purpose;
(5)    Applies to all residents in a fair manner;
(6)    Are sufficiently explicit for a resident to comply; and
(7)    Is for the purpose of evading an obligation of the park owner.
(d)    If a court finds that any provision of a rental agreement or park rule is unconscionable, the court may:
(1)    Refuse to enforce the rental agreement or park rule;
(2)    Enforce the remainder of the rental agreement or park rule without the unconscionable provision; or
(3)    Limit the application of any unconscionable provision as to avoid any unconscionable result.
(e)    If the effect of any provision of a rental agreement is to indemnify the park owner, hold him harmless, or preclude or exonerate him from any liability to a mobile home resident, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the park owner on or about the leased premises not within the exclusive control of the mobile home resident, the provision is against public policy and void. An insurer may not claim a right of subrogation by reason of the invalidity of this provision.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 16 - Nonpayment of Rent › Section 8A-1601 - Action for Eviction Based on Nonpayment of Rent or Recovery of Unpaid Rent

(a)    In an action by the park owner for eviction based on nonpayment of rent or for recovery of unpaid rent, the resident may raise:
(1)    A defense of material noncompliance with this title if, before the due date of rent, the resident gave to the park owner written notice that based on the noncompliance the resident did not intend to pay rent and specified in detail the provision of noncompliance; or
(2)    Any other legal or equitable defense.
(b)    If, in an action by the park owner for eviction based on nonpayment of rent, the resident raises a defense other than payment, the resident may petition the circuit court for the appointment of a trustee to receive the rent of the resident, apply the same to correcting the deficiency complained of and make a full accounting thereof to the court. The court shall give the parties a reasonable opportunity to present evidence as to the controversy before a trustee is appointed.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 17 - Park Owner's Repossession Remedies › Section 8A-1703 - Judicial Action to Repossess Premises

(a)    When a rental agreement provides that the park owner may repossess the premises if the resident breaches the rental agreement, and the park owner has given the resident 1 month’s written notice that the resident is in violation of the rental agreement and the park owner desires to repossess the premises, and if the resident or person in actual possession refuses to comply, the park owner may make complaint in writing to the District Court of the county where the premises is located. The court shall summons immediately the resident or person in possession to appear before the court on a day stated in the summons to show cause, if any, why restitution of the possession of the leased premises should not be made to the park owner. If either of the parties fails to appear before the court on the day stated in the summons, the court may continue the case for not less than 6 nor more than 10 days and notify the parties of the continuance.
(b)    If the court determines that the resident breached the terms of the rental agreement and that the breach warrants an eviction, the court shall give judgment for the restitution of the possession of the premises and issue its warrant to the sheriff or a constable commanding him to deliver possession to the park owner in as full and ample manner as the park owner was possessed of the same at the time when the rental agreement was entered into. The court shall give judgment for costs against the resident or person in possession. Either party may appeal to the circuit court for the county within 10 days from entry of the judgment. If the resident (1) files with the District Court an affidavit that the appeal is not taken for delay; (2) files sufficient bond with one or more securities conditioned upon diligent prosecution of the appeal; (3) pays all rent in arrears, all court costs in the case; and (4) pays all losses or damages which the park owner may suffer by reason of the resident’s holding over, the resident or person in possession of the premises may retain possession until the determination of the appeal. Upon application of either party, the court shall set a day for the hearing of the appeal not less than 5 nor more than 15 days after the application, and notice of the order for a hearing shall be served on the other party or his counsel at least 5 days before the hearing. If the judgment of the District Court is in favor of the park owner, a warrant shall be issued by the court which hears the appeal to the sheriff, who shall execute the warrant.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 18 - Sale of Manufactured Housing Communities › Section 8A-1801 - Definitions

No provision of this title shall be deemed to be a bar to the applicability of supplementary rights afforded by any public local law enacted by the General Assembly or any ordinance or any local law enacted by any municipality or political subdivision of this State; provided, however, that no such law can diminish or limit any right or remedy granted under the provisions of this title.
2023 Maryland Statutes › Real Property › Title 8A - Mobile Home Parks › Subtitle 18 - Sale of Manufactured Housing Communities › Section 8A-1802 - Applicability of Subtitle

(a)    To the extent that a violation of any provision of this title affects a resident or prospective resident, that violation shall be within the scope of the enforcement duties and powers of the Division of Consumer Protection of the Office of the Attorney General, as described in Title 13 of the Commercial Law Article.
(b)    The provisions of this title shall otherwise be enforced by each agency of the State within the scope of its authority.
2023 Maryland Statutes › Real Property › Title 8B - Manufactured Homes › Subtitle 1 - Definitions; General Provisions › Section 8B-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Attached to a permanent foundation” means anchored to real property by attachment to a permanent foundation and connected to utilities, including water, gas, electricity, or sewer or septic service.
(c)    “Certificate of origin” has the meaning stated in § 13–101 of the Transportation Article.
(d)    “Certificate of title” means a title issued by the Motor Vehicle Administration for a manufactured home under Title 13 of the Transportation Article.
(e)    “Convert” means to make a manufactured home that is attached to a permanent foundation considered as permanently affixed to a parcel of real property and treated as an integral part of the parcel.
(f)    (1)    “Lien” means an interest in a manufactured home, whether as personal property or real property, or in the parcel of real property to which the manufactured home is or will be affixed, that secures payment of a debt or performance of an obligation.
(2)    “Lien” includes:
(i)    A mortgage, deed of trust, security agreement, or other instrument creating an encumbrance on the property; or
(ii)    An encumbrance arising by operation of law.
(g)    “Manufactured home” has the meaning stated in § 9–102(a) of the Commercial Law Article.
(h)    “Owner” means a person that has an ownership interest in a manufactured home.
(i)    “Sever” means to separate a manufactured home that has been converted to real property from the parcel of real property to which it has been affixed.
2023 Maryland Statutes › Real Property › Title 8B - Manufactured Homes › Subtitle 1 - Definitions; General Provisions › Section 8B-102 - Conversion and Attachment to Real Property

(a)    Except as provided in subsection (b) of this section, on satisfaction of the requirements of Subtitle 2 of this title:
(1)    A manufactured home shall be:
(i)    Converted to real property; and
(ii)    Governed by the laws applicable to real property and not subject to Title 13 of the Transportation Article;
(2)    Any lien that can attach to real property shall attach in the same manner to a manufactured home that is converted to real property as to the parcel of real property to which the manufactured home has been affixed; and
(3)    The title and all rights to a manufactured home shall be transferred by deed with the transfer of the parcel of real property to which the manufactured home has been affixed.
(b)    This section does not apply to a manufactured home for which an affidavit of severance has been recorded under § 8B–302 of this title.
2023 Maryland Statutes › Real Property › Title 8B - Manufactured Homes › Subtitle 2 - Conversion to Real Property › Section 8B-201 - Requirements

A manufactured home shall be converted to real property when all of the following events have occurred:
(1)    The manufactured home is  attached to a permanent foundation;
(2)    The ownership interests in the manufactured home and the parcel of real property to which the manufactured home is affixed are identical; and
(3)    An affidavit of affixation complying with the requirements of § 8B–202 of this subtitle has been recorded with the clerk of the court of the county in which the parcel of real property to which the manufactured home is affixed is located.
2023 Maryland Statutes › Real Property › Title 8B - Manufactured Homes › Subtitle 3 - Severance From Real Property › Section 8B-301 - Recordation and Filing

If a manufactured home for which an affidavit of  affixation has been recorded is to be severed from real property, the owner shall record and file an affidavit of severance as provided under § 8B–302 of this subtitle.
2023 Maryland Statutes › Real Property › Title 8B - Manufactured Homes › Subtitle 3 - Severance From Real Property › Section 8B-302 - Requirements

(a)    An affidavit of severance shall contain or be accompanied by:
(1)    A statement identifying the owner of the real property from which the manufactured home is to be severed, including the name, residence, and mailing address of the owner;
(2)    A description of the manufactured home, including the name of the manufacturer, the make, model name, model year, dimensions, manufacturer’s serial number, and a statement whether the manufactured home is new or used;
(3)    The liber and folio number for and the recordation date of the affidavit of affixation for the manufactured home; and
(4)    A statement by an attorney admitted to practice law in the State, or a title insurance producer licensed by the State, that states that the manufactured home and the real property from which the manufactured home is to be severed are free and clear of any lien, security interest, or encumbrance.
(b)    An affidavit of severance shall be acknowledged in writing and notarized.
(c)    The clerk of the circuit court of the county in which the real property from which a manufactured home is to be severed is located:
(1)    Shall accept an affidavit of severance and any attachments for recordation and indexing; and
(2)    May charge a reasonable fee for the recordation.
(d)    In accordance with regulations adopted by the Motor Vehicle Administration, the Administration shall:
(1)    Accept a certified copy of a recorded affidavit of severance for filing; and
(2)    Issue a certificate of title for the severed manufactured home.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Building” includes any unit of a nonresidential building that is leased or separately sold as a unit.
(c)    “Contract” means an agreement of any kind or nature, express or implied, for doing work or furnishing material, or both, for or about a building as may give rise to a lien under this subtitle.
(d)    “Contractor” means a person who has a contract with an owner.
(e)    “Land” means the land to which a lien extends under this subtitle or the land within the boundaries established by proceedings in accordance with the Maryland Rules. “Land” includes the improvements to the land.
(f)    “Owner” means the owner of the land except that, when the contractor executes the contract with a tenant for life or for years, “owner” means the tenant.
(g)    “Subcontractor” means a person who has a contract with anyone except the owner or his agent.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-102 - Property Subject to Lien

(a)    Every building erected and every building repaired, rebuilt, or improved to the extent of 15 percent of its value is subject to establishment of a lien in accordance with this subtitle for the payment of all debts, without regard to the amount, contracted for work done for or about the building and for materials furnished for or about the building, including the drilling and installation of wells to supply water, the construction or installation of any swimming pool or fencing, the sodding, seeding or planting in or about the premises of any shrubs, trees, plants, flowers or nursery products, the grading, filling, landscaping, and paving of the premises, the provision of building or landscape architectural services, engineering services, land surveying services, or interior design services that pertain to interior construction and are provided by a certified interior designer, and the leasing of equipment, with or without an operator, for use for or about the building or premises.
(b)    If the owner of land or the owner’s agent contracts for the installation of waterlines, sanitary sewers, storm drains, or streets to service all lots in a development of the owner’s land, each lot and its improvements, if any, are subject, on a basis pro rata to the number of lots being developed, to the establishment of a lien as provided in subsection (a) of this section for all debts for work and material in connection with the installation.
(c)    Any machine, wharf, or bridge erected, constructed, or repaired within the State may be subjected to a lien in the same manner as a building is subjected to a lien in accordance with this subtitle.
(d)    However, a building or the land on which the building is erected may not be subjected to a lien under this subtitle if, prior to the establishment of a lien in accordance with this subtitle, legal title has been granted to a bona fide purchaser for value.
(e)    The filing of a petition under § 9–105 shall constitute notice to a purchaser of the possibility of a lien being perfected under this subtitle.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-103 - Extent of Lien

(a)    A lien established in accordance with this subtitle shall extend to the land covered by the building and to as much other land, immediately adjacent and belonging in like manner to the owner of the building, as may be necessary for the ordinary and useful purposes of the building. The quantity and boundaries of the land may be designated as provided in this section.
(b)    An owner of any land who desires to erect any building or to contract with any person for its erection may define, in writing, the boundaries of the land appurtenant to the building before the commencement of construction, and then file the boundaries for record with the clerk of the circuit court for the county. The designation of boundaries shall be binding on all persons. If the boundaries are not designated before the commencement of a building, the owner of the land or any person having a lien or encumbrance on the land by mortgage, judgment, or otherwise entitled to establish a lien in accordance with this subtitle may apply, by written petition, to the circuit court for the county to designate the boundaries.
(c)    (1)    If a building is commenced and not finished, a lien established in accordance with this subtitle shall attach to the extent of the work done or material furnished.
(2)    If a building is erected or repaired, rebuilt, or improved to the extent of 25 percent of its value, by a tenant for life or years or by a person employed by the tenant, any lien established in accordance with this subtitle applies only to the extent of the tenant’s interest.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-105 - Filing of Claims

(a)    In order to establish a lien under this subtitle, a person entitled to a lien shall file proceedings in the circuit court for the county where the land or any part of the land is located within 180 days after the work has been finished or the materials furnished. The proceedings shall be commenced by filing with the clerk, the following:
(1)    A petition to establish the mechanic’s lien, which shall set forth at least the following:
(i)    The name and address of the petitioner;
(ii)    The name and address of the owner;
(iii)    The nature or kind of work done or the kind and amount of materials furnished, the time when the work was done or the materials furnished, the name of the person for whom the work was done or to whom the materials were furnished, and the amount or sum claimed to be due, less any credit recognized by the petitioner;
(iv)    A description of the land, including a statement whether part of the land is located in another county, and a description adequate to identify the building; and
(v)    If the petitioner is a subcontractor, facts showing that the notice required under § 9–104 of this subtitle was properly mailed or served upon the owner, or, if so authorized, posted on the building. If the lien is sought to be established against two or more buildings on separate lots or parcels of land owned by the same person, the lien will be postponed to other mechanics’ liens unless the petitioner designates the amount he claims is due him on each building;
(2)    An affidavit by the petitioner or some person on his behalf, setting forth facts upon which the petitioner claims he is entitled to the lien in the amount specified; and
(3)    Either original or sworn, certified, or photostatic copies of material papers or parts thereof, if any, which constitute the basis of the lien claim, unless the absence thereof is explained in the affidavit.
(b)    The clerk shall docket the proceedings as an action in equity, and all process shall issue out of and all pleadings shall be filed in the one action.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-107 - Attachment of Lien to Land in Another County

(a)    If any part of the land is located within another county and the petitioner desires that the lien attach to the land in that county, the petitioner shall file a certified copy of the docket entries, of the court order, and of any required bond with the clerk of the circuit court for that county.
(b)    A lien attaches to the land or building in a county as of the time the documents required to be filed under subsection (a) of this section are filed with the clerk of the circuit court of that county.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-108 - Sale Under Foreclosure or Execution of Land Against Which Lien Established

If all or any part of the land or buildings against which a mechanic’s lien has been established pursuant to this subtitle shall be sold under foreclosure or a judgment, execution or any other court order, all liens and encumbrances on such property shall be satisfied in accordance with their priority, subject to the limitation in the next sentence of this section. If the proceeds of the sale are insufficient to satisfy all liens established pursuant to this subtitle, then all proceeds available to satisfy each such lien shall be stated by the court auditor as one fund, and the amount to be disbursed to satisfy each lien established pursuant to this subtitle shall bear the same proportion to that fund as the amount of such lien bears to the total amount secured by all such liens, without regard to priority among such liens.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-109 - Expiration of Right to Enforce Lien

The right to enforce any lien established under this subtitle expires at the end of one year from the day on which the petition to establish the lien was first filed. During this time the claimant may file a petition in the lien proceedings to enforce the lien or execute on any bond given to obtain a release of the land and building from the lien. If such petition is filed within the one-year period, the right to a lien or the lien, or any bond given to obtain a release of lien, shall remain in full force and effect until the conclusion of the enforcement proceedings and thereafter only in accordance with the decree entered in the case.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-110 - No Waiver by Giving Credit or Taking Security

No person having the right to establish a mechanics’ lien waives the right by granting a credit, or receiving a note or other security, unless it is received as payment or the lien right is expressly waived.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-112 - Subtitle a Remedial Law; Amendment to Proceedings

This law is remedial and shall be so construed to give effect to its purpose. Any amendment shall be made in the proceedings, commencing with the claim or lien to be filed and extending to all subsequent proceedings, as may be necessary and proper. However, the amount of the claim or lien filed may not be enlarged by amendment.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-113 - Prohibited Provisions in Executory Contracts

(a)    An executory contract between a contractor and any subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement may not waive or require the subcontractor to waive the right to:
(1)    Claim a mechanics’ lien; or
(2)    Sue on a contractor’s bond.
(b)    A provision in an executory contract between a contractor and a subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement and that conditions payment to the subcontractor on receipt by the contractor of payment from the owner or any other third party may not abrogate or waive the right of the subcontractor to:
(1)    Claim a mechanics’ lien; or
(2)    Sue on a contractor’s bond.
(c)    Any provision of a contract made in violation of this section is void as against the public policy of this State.
2023 Maryland Statutes › Real Property › Title 9 - Statutory Liens on Real Property › Subtitle 1 - Mechanics' Liens › Section 9-114 - Releases From Material Suppliers and Subcontractors

(a)    At the time of settlement or payment in full between a contractor and an owner, the contractor shall give to the owner a signed release of lien from each material supplier and subcontractor who provided work or materials under the contract.
(b)    An owner is not subject to a lien and is not otherwise liable for any work or materials included in the release under subsection (a) of this section.