reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-211.1 - Failure of Lessor to Remove Lead-Based Paint; Rent Escrow

(a)    Notwithstanding any provision of law or any agreement, whether written or oral, if a landlord fails to comply with the applicable risk reduction standard under § 6-815 or § 6-819 of the Environment Article, the tenant may deposit the tenant’s rent in an escrow account with the clerk of the District Court for the district in which the premises are located.
(b)    The right of a tenant to deposit rent in an escrow account does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.
(c)    Money deposited in an escrow account shall be released under the following terms and conditions:
(1)    To the lessor upon compliance by the lessor with the applicable risk reduction standard; or
(2)    To the lessee or any other person who has complied with the applicable risk reduction standard on presentation of a bill for the reasonable costs of complying with the applicable risk reduction standard.
(d)    A lessee may not be evicted, the tenancy may not be terminated, and the rent may not be raised for a lessee who elects to seek the remedies under this section. It shall be presumed that any attempt to evict the lessee, to terminate the tenancy, or to raise the rent, except for nonpayment of rent, within two months after compliance with the applicable risk reduction standard is in retaliation for the lessee’s proceeding under this section and shall be void.
(e)    This section shall preempt any public local law or ordinance concerning the deposit of rent into an escrow account based upon the existence of paint containing lead pigment on surfaces in or on a rental dwelling unit in the State and disposition of that rent.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-212.1 - Liability of Military Personnel Receiving Certain Orders

(a)    In this section, “change of assignment” includes:
(1)    Permanent change of station orders;
(2)    Temporary duty orders for a period exceeding 90 days;
(3)    Orders requiring a person to move into quarters located on a military installation; and
(4)    A release from active duty, including:
(i)    Retirement;
(ii)    Separation or discharge under honorable conditions; and
(iii)    Demobilization of an activated reservist or a member of the National Guard who was serving on active duty orders for at least 180 consecutive days.
(b)    Notwithstanding any other provision of this title, if a person who is on active duty with the United States military, or the person’s spouse, enters into a residential lease of property and the person subsequently receives a change of assignment, before or after occupying the property, any liability of the person, or the person’s spouse, for rent under the lease may not exceed:
(1)    Any rent or lawful charges then due and payable plus 30 days’ rent after written notice and proof of the change of assignment is given to the landlord; and
(2)    The cost of repairing damage to the premises caused by an act or omission of the tenant.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-212.2 - Limitation of Liability of a Tenant for Rent

(a)    This section does not apply to a tenant under a residential lease that contains a liquidated damages clause or early termination clause that:
(1)    Requires written notice to vacate of 1 month or less; and
(2)    Imposes liability for rent less than or equal to 2 months’ rent after the date on which the tenant vacates the leased premises.
(b)    Subject to subsection (a) of this section and notwithstanding any other provision of this title, if a tenant under a residential lease meets the conditions set forth in subsection (c) of this section, the tenant’s liability for rent under the lease may not exceed 2 months’ rent after the date on which the tenant vacates the leased premises.
(c)    To qualify for the limitation of liability under subsection (b) of this section, the tenant shall provide to the landlord before the tenant vacates the leased premises:
(1)    Subject to the provisions of subsection (d) of this section, a written certification from a physician regarding an individual who is a named party in, or an authorized occupant under the terms of, the lease that states in substantially the following form:
“I, (name of physician), hereby certify that my patient, (name of patient), is no longer able to live at his or her leased premises, (address of leased premises), because the patient has a medical condition that:
(1)    Substantially restricts the physical mobility of the patient within, or from entering and exiting, the leased premises; or
(2)    Requires the patient to move to a home, facility, or institution to obtain a higher level of care than can be provided at the leased premises.
I certify further that the expected duration of the patient’s medical condition will continue beyond the termination date of the patient’s lease, which the patient states is (termination date of lease).”; and
(2)    A written notice of the termination of the lease stating the date by when the tenant will vacate the leased premises.
(d)    A certification that is provided to a landlord under subsection (c)(1) of this section shall be:
(1)    Written by a physician who is licensed by the State Board of Physicians to practice medicine in the State under Title 14 of the Health Occupations Article;
(2)    Prepared on the letterhead or printed prescription form of the physician; and
(3)    Signed by the physician.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-212.3 - Deduction From Rent for Utility Payments by Tenant Owed by Landlord

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Affected dwelling unit” has the meaning stated in § 7–309 of the Public Utilities Article.
(3)    “Landlord” has the meaning stated in § 7–309 of the Public Utilities Article.
(4)    “Tenant” has the meaning stated in § 7–309 of the Public Utilities Article.
(5)    “Utility service” has the meaning stated in § 7–309 of the Public Utilities Article.
(6)    “Utility service provider” has the meaning stated in § 7–309 of the Public Utilities Article.
(b)    A tenant may deduct from rent due to a landlord the amount of payments made to a utility service provider for utility service if:
(1)    An oral or written lease for an affected dwelling unit requires the landlord to pay the utility bill; and
(2)    (i)    The tenant pays all or part of the utility bill, including payments made on a new utility service account; or
(ii)    The tenant pays any security deposit required to obtain a new utility service account.
(c)    A tenant’s rights under this section may not be waived in any lease.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-213 - Applications for Leases; Deposits

(a)    An application for a lease shall contain a statement which explains:
(1)    The liabilities which the tenant incurs upon signing the application; and
(2)    The provisions of subsections (b) and (c) of this section.
(b)    (1)    (i)    If a landlord requires from a prospective tenant any fees other than a security deposit as defined by § 8-203(a) of this subtitle, and these fees exceed $25, then the landlord shall return the fees, subject to the exceptions below, or be liable for twice the amount of the fees in damages.
(ii)    The return shall be made not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur.
(2)    The landlord may retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and shall return that portion of the fees not actually expended on behalf of the tenant making application.
(c)    This section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-214 - Keeping of Household Pets by Elderly Persons in Montgomery County

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Elderly person” means an individual who is 60 years old or older.
(3)    “Landlord” means an owner of residential rental property who offers more than 3 dwelling units for rent on 1 parcel of property or at 1 location.
(b)    This section applies only to Montgomery County.
(c)    If a tenant is an elderly person, a landlord may not prohibit the tenant from keeping a household pet, unless specifically prohibited in writing at the time occupancy took place.
(d)    A tenant is liable for any damage done to the premises by the tenant’s pet.
(e)    A landlord may establish reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health and safety of other tenants and the property of the landlord.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-215 - Termination of Lease for Failure to Comply With Applicable Risk Reduction

(a)    In this section, “affected property” and “owner” have the meanings stated in § 6–801 of the Environment Article.
(b)    (1)    If an owner of an affected property fails to comply with the applicable risk reduction standard under § 6–815 or § 6–819 of the Environment Article, the owner, on the written request of the tenant, shall:
(i)    Immediately release the tenant from the terms of the lease or rental agreement for that property; and
(ii)    Pay to the tenant all reasonable relocation expenses, not to exceed $2,500, directly related to the permanent relocation of the tenant to a lead–free dwelling unit or another dwelling unit that has satisfied the risk reduction standard in accordance with § 6–815 of the Environment Article.
(2)    A tenant’s written request to the landlord under paragraph (1) of this subsection shall include any risk reduction certification information provided by the Department of the Environment.
(3)    Within 3 business days of receipt of a tenant’s written request under paragraph (1) of this subsection, an owner may provide to the tenant:
(i)    A current and valid risk reduction certificate;
(ii)    A lead–free certificate;
(iii)    A statement of verification by the owner and tenant of work performed in accordance with § 6–819(g) of the Environment Article for the affected property; or
(iv)    The final report of an inspector verifying that work was performed on the affected property in accordance with § 6–819(g) of the Environment Article.
(c)    (1)    If an owner fails to provide information in accordance with subsection (b)(3) of this section or to comply with the tenant’s written request under subsection (b)(1) of this section within 3 business days of receipt of the request, the tenant may bring an action in District Court for the:
(i)    Lease termination;
(ii)    Reimbursement of reasonable relocation expenses; and
(iii)    Reasonable attorney’s fees.
(2)    A tenant does not have a cause of action under this subsection if the owner of an affected property provides information in accordance with subsection (b)(3) of this section.
(d)    The right of a tenant to request release in accordance with subsection (b) of this section does not preclude the tenant from pursuing any other right or remedy available to the tenant at law or equity and is in addition to them.
(e)    Any action or inaction of the owner of an affected property or tenant under this section or any finding in a proceeding under this section may not be construed to have any effect on:
(1)    Any civil action; or
(2)    Any administrative proceeding brought under this title or Title 6 of the Environment Article.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-216 - Prohibition on Nonjudicial Evictions 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 landlord intends to take imminent possession of the property 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 landlord for the purpose of forcing a tenant to abandon the property.
(ii)    “Willful diminution of services” does not include a landlord choosing not to continue to pay for utility service for residential property after a final court order awarding possession of the residential property, if the landlord has provided the tenant reasonable notice of the landlord’s intention and the opportunity for the tenant to open an account in the tenant’s name for that service.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a landlord may not take possession or threaten to take possession of a dwelling unit from a tenant or tenant holding over by locking the tenant out or any other action, including willful diminution of services to the tenant.
(2)    A landlord may take possession of a dwelling unit from a tenant or tenant 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 tenant has abandoned or surrendered possession of the dwelling unit.
(c)    (1)    If in any proceeding the court finds in favor of the tenant because the landlord violated subsection (b) of this section, the tenant may recover:
(i)    Actual damages; and
(ii)    Reasonable attorney’s fees and costs.
(2)    The remedies set forth in this subsection are not exclusive.
(d)    This section may not be construed to prevent a landlord from taking temporary measures, including changing the locks, to secure an unsecured residential property, if the landlord makes good faith attempts to provide reasonable notice to the tenant that the tenant may promptly be restored to possession of the property.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-217 - Conversion of Senior Apartment Facility Into Apartment Facility for General Population

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Landlord” means the owner of a senior apartment facility.
(3)    (i)    “Senior apartment facility” means an apartment building or complex that:
1.    Contains four or more individual dwelling units; and
2.    Is housing for older persons as defined in 42 U.S.C. § 3607.
(ii)    “Senior apartment facility” does not include a nursing home or an assisted living facility.
(b)    (1)    At least 180 days before converting a senior apartment facility into an apartment facility for the general population, the landlord shall provide each tenant of the senior apartment facility with written notice of the conversion.
(2)    The notice shall include:
(i)    A statement that the senior apartment facility will be converted into an apartment facility for the general population;
(ii)    The date on which the conversion will take place; and
(iii)    A statement that the tenant has the right to terminate the lease at any time before the conversion date, provided that the tenant gives the landlord at least 1 month’s written notice.
(c)    Notwithstanding the terms of the lease, the landlord:
(1)    Shall allow any tenant who requests to move before the conversion date to terminate the tenant’s lease after giving at least 1 month’s written notice to the landlord; and
(2)    May not withhold any portion of a tenant’s security deposit for rent that would have become due under any remaining term of the lease after termination under this section.
(d)    To the extent that a violation of any provision of this section affects a tenant of a senior apartment facility, 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.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-218 - Reusable Tenant Screening Reports -- Information Regarding Prospective Tenant -- Notification to Prospective Tenants -- Charging Fees Prohibited -- Certification Regarding Material Changes -- Rejection of Application

(a)    In this section, “reusable tenant screening report” means a report prepared within the previous 30 days by a consumer reporting agency at the request and expense of a prospective tenant and made directly available to a prospective landlord at no charge for use in the rental application process.
(b)    A reusable tenant screening report shall contain the following information regarding a prospective tenant:
(1)    A credit report;
(2)    For each jurisdiction indicated as a prior residence of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by a consumer reporting agency preparing a consumer report:
(i)    A comprehensive criminal history records check for all federal, state, and local charges against and convictions of the prospective tenant over the previous 7 years; and
(ii)    A comprehensive eviction history for all state and local jurisdictions for the previous 7 years;
(3)    Verification of employment and income; and
(4)    Current address and rental history.
(c)    (1)    A landlord shall notify prospective tenants regarding whether or not the landlord accepts reusable tenant screening reports.
(2)    Notice under paragraph (1) of this subsection may be in writing or by posting notice in a conspicuous manner, including:
(i)    A statement posted on a rental housing listing;
(ii)    Notice posted on the homepage of a website;
(iii)    Information provided in the rental application page for a rental property online; or
(iv)    Any other manner reasonably calculated to provide potential tenants with notice.
(d)    If a prospective tenant provides a reusable tenant screening report to a landlord that accepts reusable tenant screening reports, the landlord may not charge the prospective tenant:
(1)    A fee for the landlord to access the report; or
(2)    An application fee.
(e)    A landlord that accepts a reusable tenant screening report under this section may require a prospective tenant to certify that there has not been a material change to the tenant’s name, address, bankruptcy status, criminal history, or eviction history since the date that the report was generated.
(f)    Prior to the execution of a lease agreement, a landlord may reject an application for tenancy if a prospective tenant made a material change to a reusable tenant screening report.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 2 - Residential Leases › Section 8-219 - Meeting Rooms Used by Tenant Organizations -- Charges by Landlords

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Apartment facility” means an apartment building or complex that contains four or more individual dwelling units that a common landlord rents for residential purposes, including all common areas available for use by a tenant.
(ii)    “Apartment facility” does not include:
1.    A single–family house, regardless of the number of individual dwelling units into which the house is subdivided;
2.    A condominium organized under Title 11 of this article; or
3.    A cooperative project organized under Title 5, Subtitle 6B of the Corporations and Associations Article.
(3)    “Dwelling unit” means that portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons.
(4)    “Tenant organization” means an incorporated or unincorporated organization of three or more tenants who reside in an apartment facility formed for the purpose of improving the living conditions, contractual position, or community experiences of the residents of the apartment facility that:
(i)    Meets regularly;
(ii)    Operates democratically; and
(iii)    Is independent of the owners or management of the apartment facility and their representatives.
(b)    (1)    Subject to subsection (c) of this section, a tenant organization shall have the right to assemble in a meeting room within an apartment facility designated for use by tenants for events and community gatherings during reasonable hours and on reasonable notice to the landlord to conduct tenant organization meetings.
(2)    (i)    The landlord may impose reasonable terms and conditions on the use of a meeting room, provided that the terms and conditions do not undermine the purposes of this section.
(ii)    The landlord may require an individual participating in a tenant organization meeting who is not a resident of the apartment facility to sign a waiver of liability for injuries sustained while on the property.
(3)    A tenant organization shall:
(i)    Designate at least two but not more than five members who are authorized to schedule use of a meeting room on behalf of the tenant organization; and
(ii)    Provide written notification to the landlord of the designees at least once per year.
(c)    (1)    A landlord may not charge a tenant organization a fee for the use of a meeting room for the first meeting of the tenant organization each month.
(2)    A landlord may charge a reasonable fee for all other uses of a meeting room by the tenant organization within the same month provided that the fee does not exceed the regular schedule of fees charged to other groups or individuals for use of the meeting room.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated unless otherwise apparent from context.
(b)    “Court” means the District Court.
(c)    “Defendant” means a tenant.
(d)    “Distress” means an action of distress filed pursuant to the provisions of this subtitle.
(e)    “Goods” means goods, chattels, grain, growing crops, produce, unborn young of animals, inventory, and equipment regardless of where found or located, and includes cash money found on the leased premises. “Goods” does not include choses in action, other forms of intangible property, written contracts, securities, bonds, notes, or other instruments for the payment of money.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-302 - Action at Law; Jurisdiction; Leases Subject to Distress; Venue

(a)    Distress for rent is an action at law and shall be brought as provided in this section.
(b)    Original jurisdiction in a case of distress for rent is vested exclusively in the District Court regardless of the amount of rent for which distress is brought, notwithstanding any limitation imposed by law on the civil monetary jurisdiction of such court.
(c)    An action of distress may be brought only for unpaid rent under a written lease for a term of more than three months, or under a tenancy at will or a periodic tenancy that has continued more than three months.
(d)    An action of distress shall be brought in the county where the leased premises lie.
(e)    A party to an action of distress brought in the District Court under this section may demand a trial by jury in accordance with Subtitle 6 of this article.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-303 - Form and Contents of Petition; Service

(a)    An action of distress shall be brought by the landlord as plaintiff, the landlord’s petition shall name the tenant as defendant and contain the following information:
(1)    The name and address of the landlord;
(2)    The name and address of the tenant; and
(3)    The facts relating to (i) any assignment of a lease, if known, (ii) the premises leased, (iii) the date of the lease, (iv) the term of the lease, (v) the rent required to be paid by the lease, and (vi) the amount of the rent in arrears.
(b)    The petition shall be under oath or affirmation of the plaintiff, or the plaintiff’s agent, that the facts recited are true and correct.
(c)    If a defendant is not a resident of, or amenable to service in a county where the leased premises are located, service may be made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service. If this service is returned by the Post Office Department or refused by the addressee or the addressee’s agent, then process shall be sent by first-class mail and the defendant returned as summoned.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-304 - Show-Cause Order

(a)    When an action of distress is filed, the clerk shall issue an order directing the defendant to appear and show cause at a stated time why levy under an action of distress should not be made. The hearing may be not earlier than seven days from date of service on the defendant.
(b)    In addition, the order shall:
(1)    Direct the time within which service of the petition and show–cause order shall be made on the defendant; and
(2)    Inform the defendant that (i) the defendant may appear at the time stated and present evidence on the defendant’s behalf; and (ii) if the defendant fails to appear, all goods on the leased premises not exempted by law may be levied on and removed by the sheriff.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-305 - Order of Levy; Service of Petition and Order; Inventory; Return; Amended Levy and Inventory

(a)    On a determination of reasonable probability, the court promptly shall issue an order directing that all goods on the leased premises not exempted by law shall be levied on. A copy of the order of levy shall be served on each tenant on the leased premises. If no tenant is found on the premises, a copy of the order shall be affixed in a prominent place on the interior of the leased premises.
(b)    The officer making the levy then shall proceed to make an inventory of each article of goods distrained on and deliver a copy to each tenant found on the leased premises. If no tenant is found, the officer shall affix a copy to the premises as provided above in the case of the order.
(c)    The officer serving the order shall make a return of the officer’s action to the court including the date and time of return.
(d)    If the plaintiff by verified petition requests the court to include in the levy goods subject to distress and claimed to be on the leased premises but not included in the levy and inventory, the court, after service of a copy of the petition on the defendant and any person claiming an interest in the goods, shall conduct a hearing on the petition. The court may amend the levy and inventory to include those goods the court finds should be included.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-306 - Goods Levied On; Exclusions From Levy

(a)    The levy under an action of distress shall be made solely on goods on the leased premises, regardless of whether the goods are the property of the tenant or of some other person, except as provided in this subtitle.
(b)    When the term of a lease is for more than 15 years, levy shall be made solely on the goods of the tenant or owner of the leasehold interest found on the leased premises. However, the goods of any subtenant or of any third party on the leased premises are not subject to levy under distress.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-307 - Exemptions From Levy; Goods Subject to Security Interest

(a)    The following are exempt from distress:
(1)    Hand-powered and operated tools used by a tenant in the tenant’s occupation or livelihood;
(2)    Law books of an attorney;
(3)    Hand-operated instruments of a physician;
(4)    Medical books of a physician;
(5)    Files and professional records of an attorney or physician; and
(6)    The prior perfected security interest in all goods in which the tenant has an interest.
(b)    The landlord in the landlord’s petition shall certify as to the existence of a perfected security interest in any goods of the tenant. If the security interest was perfected prior to the levy under the distraint, the landlord either shall release the property from the distraint proceedings or pay to the holder of the security interest the balance due under the security interest. If the landlord pays the balance, it becomes a part of the costs in the distraint proceedings. However, the holder of the security interest, on demand by the landlord, shall give a true written statement of the balance due under the security interest, and, if the landlord pays the balance, the holder shall assign or release the security interest to the landlord.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-309 - Entry Under Levy; Forcible Entry; Time of Levy

(a)    In making levy under an action of distress, no forcible entry may be made into leased premises occupied and used as a dwelling without a court order. If the levying officer cannot gain entry, the plaintiff may file a verified petition with the court for an order directing forcible entry into the leased premises.
(b)    Forcible entry may be made for the purpose of levy into any property or building other than those specified in subsection (a) of this section.
(c)    Levy under an action of distress may be made at any hour of the day or night.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-310 - Removal of Levied Goods; Bond

On petition of any plaintiff in distress and a showing of a need for protection, the court may order the removal of any goods levied on from the leased premises to a place approved by the court pending the sale of the goods. Removal of goods may be conditioned on the giving of a bond by the plaintiff in the amount and in the form the court determines.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-311 - Levy on Goods of Third Person; Finality of Levy; Removal of Excluded Goods

(a)    Within seven days after the levy, any person who is not a tenant and whose goods are levied on under distress may file a petition with the court where the action of distress is pending for an order to exclude from levy the goods of the person not a tenant. The petition shall set forth the facts as to the ownership of the goods and shall be verified by the petitioner.
(b)    A copy of the petition shall be served on the plaintiff and defendant. If service cannot be made on either, the petitioner shall certify this fact to the court in writing, stating the reason for it.
(c)    After a hearing held on not more than ten days’ notice, and on submission of proof satisfactory to the court that the goods are not the property of the tenant, the court shall issue an order excluding the goods from levy. This order authorizes the owner to remove the owner’s goods from the leased premises at the owner’s expense free of any claim of the landlord.
(d)    The order shall provide that the claimant shall remove the claimant’s goods at the claimant’s expense from the leased premises within a time to be fixed by the court. If the claimant fails to remove the claimant’s goods within the fixed time, then the goods claimed by the claimant no longer shall be excluded from distress and shall be subject to the landlord’s claim for distress as though no petition for exclusion had been filed.
(e)    If no petition to determine ownership of goods is filed by any third person within seven days after the date of a levy under distress, all goods on the leased premises and included in the inventory conclusively are presumed to be the goods of the tenant and may be disposed of according to the applicable provisions of this subtitle without any liability to the owner for the disposal.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-312 - Effect of Levy on Title to Goods; Risk of Loss of Levied Goods

(a)    Levy on goods under distress does not affect or disturb the title to the goods. The claim or lien of the landlord under this subtitle on the goods continues until the goods are sold as provided in this subtitle.
(b)    All risk of loss or destruction of goods of any nature is on the owner or the tenant of the leased premises, regardless of whether the goods were removed from the leased premises by the officer. However, the officer is responsible to the owner for willful damage to the goods.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-313 - Expense of Removing Goods; Liability for Removal of Goods Affixed to the Property

(a)    The expense of removal of any goods from the leased premises to any other place for storage pending sale, including the expense of removal of goods which are affixed to the property, shall be included as a part of the costs of distress.
(b)    An officer does not incur liability for removal of goods which are affixed to the property. The officer may require the plaintiff to mail or deliver an indemnity bond to the officer to protect the officer from any claim for damage or injury to any person or property caused by the officer’s removal for sale of goods affixed to the property.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-314 - Answer to Petition; Hearing; Final Order of Sale

(a)    The defendant in an action of distress may file an answer, setting forth any defense the defendant may have to the action, including excessive rent distrained for or the rent sued is not distrainable.
(b)    Hearing on the defendant’s answer shall be held on not more than ten days’ notice sent by regular mail to all parties and claimants. However, the court may postpone the hearing on due notice to all parties. At the hearing the court may determine and decide all issues raised, and issue an order of sale of the goods and may make any order in connection with them as required.
(c)    In any final order for the sale of goods distrained, the court may increase the amount of the rent claim to an amount equal to the sum of the plaintiff’s original claim plus rent accruing after the filing of the petition for distress up to the day prior to the date of sale on which rent may fall due.
(d)    If the tenant named as defendant in an action for distress fails to file an answer within seven days after a levy has been made, the court, on motion of the plaintiff or on its motion, may issue an order for sale of the goods distrained.
(e)    The date of sale is in the discretion of the court but shall be held as soon as feasible.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-315 - Order to Follow Removed Goods; Goods in Another Jurisdiction; Entry Under Order to Follow Goods

(a)    If a tenant removes the tenant’s goods from the leased premises, and the officer can find no goods of the tenant on the premises, the officer shall report that fact to the court. If the court is satisfied the goods of the tenant have been removed, it may issue an order to follow goods under distress within six months after filing of an action of distress. The order shall authorize levy on the removed goods at any place the goods can be found within the jurisdiction of the court.
(b)    If the goods are removed outside the court’s jurisdiction, the plaintiff may file with the court in the jurisdiction where the goods are located, a certified copy of the original action of distress, together with a verified petition setting forth (i) the fact of the original petition for distress, (ii) the premises to which the tenant has removed the goods, and (iii) the name and address of the occupant of the premises. If the occupant of the premises to which the goods are removed is a person other than the tenant, an order shall be served by first-class mail or by an officer on the other person giving the occupant seven days from the date of service of the order to protest seizure of the goods. If not protested, the order becomes final and authorizes any officer to seize and remove the goods.
(c)    Entry to premises under an order to follow goods under distress may be forcible.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-316 - Bond for Return of Levied Goods; Order to Release Goods

(a)    Any person whose goods are levied on or seized under distress may petition the court for the return of the goods, free of any claim for distress. However, the court may require the filing of a bond with the court in a form and in an amount the court determines. The bond shall run to the State and indemnify injured persons against all claims for damage or injury resulting from the release of the goods.
(b)    The court may order a complete or partial release from any claim for distress of any goods when requested in writing by all parties to the action of distress. No bond is required for release of any goods in this case.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-317 - Order to Make Forcible Entry After Levy on Goods

If goods are levied on under distress and remain on the leased premises and the officer is unable to gain access to the goods without force, the court may issue an order authorizing the officer to enter the premises by force.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-318 - Notice of Sale

(a)    Notice of sale of goods under an action of distress shall be given in a newspaper published at least once weekly and having general circulation within the jurisdiction of the court. The notice shall be published at least one time and an additional number of times as the court designates.
(b)    If no newspaper meets the requirements of this section, notice may be made by posting it on the door of the courthouse. The notice of sale shall be published or posted at least seven days in advance of the date of the sale and the sale shall be held not more than 28 days after notice of sale.
(c)    The notice shall contain the time and location of the sale.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-319 - Manner of Sale; Removal for Sale

Sales under distress shall be held only at public auction. The officer may remove the goods from the leased premises to some suitable place for auction or hold the sale on the leased premises. Cost of the removal of goods for sale shall be included as costs of the sale.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-320 - Disposition of Unsold Goods; Surplus Proceeds of Sale; Order in Which Goods to Be Sold

(a)    Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale and payment of the rent claim and all costs, it shall be returned to the tenant or paid as provided by order of the court. The cost of returning unsold goods to the premises, if removed, shall be included as costs of the sale.
(b)    Before any distrainable goods of others are sold at a sale, the goods of the tenant shall be sold first and in their entirety, if necessary, to satisfy the claim for rent and costs. The sale of goods of others shall be made only to the extent necessary to satisfy the rent claim and all costs.
(c)    If any surplus money or unsold goods remain in the possession of an officer on completion of proceedings in an action of distress and after payment of all claims and costs incurred, a judgment creditor or other person claiming a right to the money or goods may petition the court in which the action was brought for payment of the creditor’s or claimant’s judgment or claim out of the excess of money or goods, plus court costs expended by the creditor or claimant. After a hearing on the petition, the court may direct payment of the money or goods or order the sale of goods in the same manner and after proceedings similar to those in attachment or execution. Any exemption allowed by law is permitted in these proceedings if claimed.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-322 - Costs

(a)    (1)    The costs charged in actions of distress shall be as provided in this section.
(2)    If the amount of rent distrained for is $500 or less, the cost for a petition for distress is $10 regardless of the number of defendants to be served at the leased premises.
(3)    If the amount of rent distrained for exceeds $500, then in addition to the costs of paragraph (2) of this subsection, $5 shall be charged for each additional $500 or a fraction of $500 of rent distrained for.
(4)    The charge for each defendant to be served at an address other than the leased premises is $2.
(5)    The cost of any reissue of summons for a defendant is $2.
(6)    If the distress leads to an actual sale of property, the officer may charge and collect a poundage fee not less than $3 or more than $500, computed on the sale price of the personal property sold, as follows:
(i)    3 percent of the first $5,000 of sale price;
(ii)    2 percent of the second $5,000 of sale price; and
(iii)    1 percent of any portion of the sale price over $10,000.
(7)    For filing and serving a petition on one other party or claimant, the officer may charge and collect $2. There is a $2 charge for service on each additional person whether party, claimant, or attorney of record.
(8)    Actual costs of sale, including publication of notice of sale, auctioneer’s fees, cost of removal, storage of goods pending sale or for sale, and cost of returning unsold goods to the premises after sale shall be charged.
(b)    Filing costs shall be paid at the time of filing the action, and other costs at the time of filing subsequent petitions. The award and distribution of costs are in the discretion of the court.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-323 - Rights of Third Party When Goods Sold Under Distress

If the goods of a third party are distrained on and sold under an action of distress, the third party has a right of action against the tenant for damages for any loss sustained by the third party as a result of the levy and sale of the third party’s goods under distress. The action for damages may be brought before the court before which the original action was brought, regardless of any monetary limitation of the civil jurisdiction of the court. If the action for damages is brought in any other court, only a certified copy of the record in the original court need be filed as evidence of the proceedings.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-324 - Termination of Leases; Possession of Premises

(a)    If the plaintiff in an action of distress makes an election in writing, the court may declare the lease terminated and of no further force and effect. This election may be made only if all tenants have been served with a copy of the action of distress and after sale of all goods levied on. The court may not terminate any residential lease which runs for more than 15 years.
(b)    If any tenant was not served with a copy of the action of distress, the court may declare the lease terminated if a copy of the nisi order of termination is twice returned non est as to the nonsummoned defendant.
(c)    If the court declares a lease terminated under subsection (a) of this section, the court on application of the plaintiff, may issue its order or judgment of restitution of the premises. The court shall issue its warrant to the officer commanding the officer to deliver immediately to the plaintiff, possession in full and ample manner as set forth in § 8-402(b) of this title. The costs of this action are the same as in the case of a tenant holding over.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-325 - Deficiency Judgment; Hearing; Exemptions

(a)    If the amount received from a sale of goods under distress, after payment of all costs and expenses, is not sufficient to pay the plaintiff’s claim, the plaintiff may file a verified petition with the court for a deficiency money judgment. Notice of the petition shall be served on the tenant, giving at least 14 days’ notice of hearing on the petition. After the hearing, the court may order a money judgment entered for the deficiency against the defendant regardless of whether the amount exceeds the monetary limit of the civil jurisdiction of the court.
(b)    A deficiency money judgment under a lease may be entered only against the person named in the lease as tenant, and who signed the lease as such, or against an assignee who has assumed a covenant in writing to pay rent.
(c)    The general exemption laws of the State are applicable to the enforcement of any deficiency money judgment given in an action of distress.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-326 - Levy on Goods of Husband and Wife

In a lease naming either husband or wife as tenant, all goods on the leased premises belonging to either, or both, are subject to levy under distress to the same extent as if both were named in the lease as tenants.
2023 Maryland Statutes › Real Property › Title 8 - Landlord and Tenant › Subtitle 3 - Distress for Rent › Section 8-328 - Death of Tenant; Corporate Tenant Ceasing to Exist; Order Requiring Posting of Copy of Petition

(a)    If a tenant under a lease dies, or, if the tenant is a corporation and ceases to exist, distress may be brought against the tenant named in the lease regardless of death or nonexistence. The plaintiff shall give notice of an action of distress to the personal representative of a deceased defendant or to any person who was an officer at the time the corporation ceased to exist and the plaintiff shall certify to the court that the plaintiff has given notice. Then the plaintiff may proceed with levy and sale as provided in this subtitle.
(b)    If a tenant dies and no personal representative is appointed by a court having jurisdiction, or if an officer of the nonexistent corporation cannot be found and, therefore, service of process is returned non est, then, on application of the plaintiff, an order may be passed requiring a copy of the petition for distress to be posted at the courthouse door at least one week before the date of sale. Failure of the plaintiff to apply for the order subjects the plaintiff to suit by the personal representative of the deceased tenant, or by the officer or surviving directors of the nonexistent corporation for any loss or damage sustained. If the plaintiff makes application for the order, the plaintiff is under no liability either to the estate of the deceased tenant, or to the surviving trustees or officers of the nonexistent corporation.