Maryland 2024 Regular Session

Maryland House Bill HB1316

Introduced
2/9/24  
Refer
2/9/24  
Report Pass
3/12/24  
Engrossed
3/14/24  

Caption

Real Property – Holding Over – Expedited Hearing and Service of Summons for Active Duty Service Member

Impact

If passed, HB 1316 would amend existing real property laws by requiring District Courts to conduct hearings on holdover tenants within a defined timeframe when an active-duty landlord is involved. This change seeks to provide quicker legal relief for service members needing to repossess their homes, thereby enhancing their rights and protections under the law. The bill is set to take effect on October 1, 2024, assuming that it is approved in the legislative processes.

Summary

House Bill 1316 focuses on modifying the legal process regarding tenants who unlawfully hold over after the expiration of their leases, particularly when the landlord or their spouse is on active military duty. The bill aims to expedite the hearing process for such cases and allows for licensed private process servers to serve summonses under certain conditions. This legislative move is designed to balance the rights of landlords who are service members against the challenges of managing tenant evictions efficiently.

Sentiment

The sentiment around HB 1316 appears to be generally supportive among legislators who recognize the unique challenges faced by active duty military personnel. Advocates argue that the bill is a necessary measure to protect the interests of these service members, facilitating a smoother process for them to reclaim their properties. Nonetheless, there is also caution regarding potential negative implications for tenants, particularly about fair eviction practices and the due process involved in such proceedings.

Contention

Notable points of contention surrounding the bill include concerns about how swiftly tenant rights could be impacted, especially if the expedited process might lead to unfair evictions without sufficiently taking into account the circumstances of the tenants. There are queries regarding balancing the rights of landlords who serve in the military with the protection of tenants' rights against wrongful eviction. Discussions may center on ensuring that safeguards remain in place to prevent misuse of the expedited process, which could disproportionately affect vulnerable renters.

Companion Bills

No companion bills found.

Previously Filed As

MD HB1023

Real Property - Landlord and Tenant - Procedures for Failure to Pay Rent, Breach of Lease, and Tenant Holding Over

MD SB450

Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

MD HB215

Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

MD HB757

Real Property - Expedited Wrongful Detainer Proceedings - Property for Sale or Lease

MD SB919

Real Property - Expedited Wrongful Detainer Proceedings - Property for Sale or Lease

MD HB882

Landlord and Tenant - Holding Over - Landlord Restrictions and Tenant Remedies

MD SB770

Baltimore City - Holding Over - Landlord Restrictions and Tenant Remedies

MD SB100

Real Property – Actions to Repossess – Proof of Rental Licensure

MD HB36

Real Property – Actions to Repossess – Proof of Rental Licensure

MD SB279

Real Property - Actions for Possession - Pet Protections

Similar Bills

AZ SB1173

Landlord tenant; late period; notice

CA AB12

Tenancy: security deposits.

OR SB1069

Relating to residential tenancies.

CA SB644

Tenancy: security deposit: service members.

CA SB381

Residential rental properties: fees.

IL SB2601

LANDLORD/TENANT-FLOOD DISCLOSE

OR HB3371

Relating to lienholders of a residential tenant's abandoned property.

CA SB611

Residential rental properties: fees and security.