Maryland 2022 Regular Session

Maryland House Bill HB101 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0101
6	6
7	7	HOUSE BILL 101
8	8	N1, L2 2lr0306
9	9	(PRE–FILED)
10	10	By: Delegate Rosenberg
11	11	Requested: July 26, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Landlord and Tenant – Repossession for Failure to Pay Rent – Lead Risk 2
20	20	Reduction Compliance 3
21	21
22	22	FOR the purpose of requiring as part of a complaint for repossession for failure to pay rent 4
23	23	that a landlord provide registration or licensing information for a property for which 5
24	24	registration or licensing is required under local law and to state whether a property 6
25	25	is an affected property under certain lead–based paint abatement laws; altering 7
26	26	provisions relating to evidentiary requirements in a trial for repossession for failure 8
27	27	to pay rent; requiring a rental property in Baltimore City to be in compliance with 9
28	28	lead–based paint abatement requirements before a landlord may file a complaint for 10
29	29	repossession of the property for failure to pay rent; and generally relating to actions 11
30	30	for repossession for failure to pay rent. 12
31	31
32	32	BY repealing and reenacting, without amendments, 13
33	33	Article – Real Property 14
34	34	Section 8–401(a) 15
35	35	Annotated Code of Maryland 16
36	36	(2015 Replacement Volume and 2021 Supplement) 17
37	37
38	38	BY repealing and reenacting, with amendments, 18
39	39	Article – Real Property 19
40	40	Section 8–401(b) and (e) 20
41	41	Annotated Code of Maryland 21
42	42	(2015 Replacement Volume and 2021 Supplement) 22
43	43
44	44	BY repealing and reenacting, with amendments, 23
45	45	The Public Local Laws of Baltimore City 24
46	46	Section 9–2 and 9–5(a) 25
47	47	Article 4 – Public Local Laws of Maryland 26
48	48	(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 27 2 HOUSE BILL 101
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Real Property 3
56	56
57	57	8–401. 4
58	58
59	59	(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 5
60	60	shall be lawful for the landlord to have again and repossess the premises in accordance 6
61	61	with this section. 7
62	62
63	63	(b) (1) Whenever any landlord shall desire to repossess any premises to which 8
64	64	the landlord is entitled under the provisions of subsection (a) of this section, the landlord 9
65	65	or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 10
66	66	completed the procedures required under subsection (c) of this section. 11
67	67
68	68	(2) After completing the procedures required under subsection (c) of this 12
69	69	section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 13
70	70	written complaint under oath or affirmation, in the District Court of the county wherein 14
71	71	the property is situated: 15
72	72
73	73	(i) Describing in general terms the property sought to be 16
74	74	repossessed; 17
75	75
76	76	(ii) Setting forth the name of each tenant to whom the property is 18
77	77	rented or any assignee or subtenant; 19
78	78
79	79	(iii) Stating the amount of rent and any late fees due and unpaid, less 20
80	80	the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 21
81	81	the Public Utilities Article; 22
82	82
83	83	(iv) Requesting to repossess the premises and, if requested by the 23
84	84	landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 24
85	85	of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 25
86	86	Utilities Article; 26
87	87
88	88	(v) If applicable, stating that, to the best of the landlord’s knowledge, 27
89	89	the tenant is deceased, intestate, and without next of kin; [and] 28
90	90
91	91	(VI) IF THE PROPERTY TO BE REPOSSESSED IS REQUIRED BY 29
92	92	LOCAL LAW OR REGULAT ION TO OPERATE UNDER A VALID REGISTRATION OR 30
93	93	LICENSE ISSUED BY A STATE, COUNTY, OR MUNICIPAL ORGANIZ ATION, STATING 31
94	94	THAT THE PROPERTY IS REGISTERED OR LICENS ED AND STATING THE 32
95	95	REGISTRATION OR LICE NSE NUMBER FOR THE P ROPERTY TO BE REPOSSESSED ; AND 33
96	96	HOUSE BILL 101 3
97	97
98	98
99	99	[(vi)] (VII) If the property to be repossessed is an affected property as 1
100	100	defined in § 6–801 of the Environment Article, stating that the PROPERTY IS AN 2
101	101	AFFECTED PROPERTY AN D THAT THE landlord has registered the affected property as 3
102	102	required under § 6–811 of the Environment Article and renewed the registration as 4
103	103	required under § 6–812 of the Environment Article and: 5
104	104
105	105	1. A. If the current tenant moved into the property on or 6
106	106	after February 24, 1996, stating the inspection certificate number for the inspection 7
107	107	conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 8
108	108	or 9
109	109
110	110	B. On or after February 24, 2006, stating the inspection 10
111	111	certificate number for the inspection conducted for the current tenancy as required under 11
112	112	§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 12
113	113
114	114	2. Stating that the owner is unable to provide an inspection 13
115	115	certificate number because: 14
116	116
117	117	A. The owner has requested that the tenant allow the owner 15
118	118	access to the property to perform the work required under Title 6, Subtitle 8 of the 16
119	119	Environment Article; 17
120	120
121	121	B. The owner has offered to relocate the tenant in order to 18
122	122	allow the owner to perform work if the work will disturb the paint on the interior surfaces 19
123	123	of the property and to pay the reasonable expenses the tenant would incur directly related 20
124	124	to the relocation; and 21
125	125
126	126	C. The tenant has refused to allow access to the owner or 22
127	127	refused to vacate the property in order for the owner to perform the required work. 23
128	128
129	129	(3) For the purpose of the court’s determination under subsection (e) of this 24
130	130	section the landlord shall also specify the amount of rent due for each rental period under 25
131	131	the lease, the day that the rent is due for each rental period, and any late fees for overdue 26
132	132	rent payments. 27
133	133
134	134	(4) The District Court shall issue its summons, directed to any constable or 28
135	135	sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify 29
136	136	the tenant, assignee, or subtenant by first–class mail: 30
137	137
138	138	(i) To appear before the District Court at the trial to be held on the 31
139	139	fifth day after the filing of the complaint; and 32
140	140
141	141	(ii) To answer the landlord’s complaint to show cause why the 33
142	142	demand of the landlord should not be granted. 34
143	143
144	144	(5) (i) The constable or sheriff shall proceed to serve the summons upon 35
145	145	the tenant, assignee, or subtenant or their known or authorized agent as follows: 36 4 HOUSE BILL 101
146	146
147	147
148	148
149	149	1. If personal service is requested and any of the persons 1
150	150	whom the sheriff shall serve is found on the property, the sheriff shall serve any such 2
151	151	persons; or 3
152	152
153	153	2. If personal service is requested and none of the persons 4
154	154	whom the sheriff is directed to serve shall be found on the property and, in all cases where 5
155	155	personal service is not requested, the constable or sheriff shall affix an attested copy of the 6
156	156	summons conspicuously upon the property. 7
157	157
158	158	(ii) The affixing of the summons upon the property after due 8
159	159	notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 9
160	160	presumed to be a sufficient service to all persons to support the entry of a default judgment 10
161	161	for possession of the premises, together with court costs, in favor of the landlord, but it shall 11
162	162	not be sufficient service to support a default judgment in favor of the landlord for the 12
163	163	amount of rent due. 13
164	164
165	165	(6) Notwithstanding the provisions of paragraphs (1) through [(4)] (5) of 14
166	166	this subsection: 15
167	167
168	168	(i) In an action to repossess nonresidential property under this 16
169	169	section, service of process on a tenant: 17
170	170
171	171	1. Shall be directed to the sheriff of the appropriate county 18
172	172	or municipality; and 19
173	173
174	174	2. On plaintiff’s request, may be directed to any person 20
175	175	authorized under the Maryland Rules to serve process; and 21
176	176
177	177	(ii) In Wicomico County, in an action to repossess any premises 22
178	178	under this section, service of process on a tenant may be directed to any person authorized 23
179	179	under the Maryland Rules to serve process. 24
180	180
181	181	(7) (i) Notwithstanding the provisions of paragraphs [(3) through (5)] 25
182	182	(4) THROUGH (6) of this subsection, if the landlord certifies to the court in the written 26
183	183	complaint required under paragraph [(1)] (2) of this subsection that, to the best of the 27
184	184	landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District 28
185	185	Court shall issue its summons, directed to any constable or sheriff of the county entitled to 29
186	186	serve process, and ordering the constable or sheriff to notify the occupant of the premises 30
187	187	or the next of kin of the deceased tenant, if known, by personal service: 31
188	188
189	189	1. To appear before the District Court at the trial to be held 32
190	190	on the fifth day after the filing of the complaint; and 33
191	191
192	192	2. To answer the landlord’s complaint to show cause why the 34
193	193	demand of the landlord should not be granted. 35
194	194	HOUSE BILL 101 5
195	195
196	196
197	197	(ii) 1. The constable or sheriff shall proceed to serve the 1
198	198	summons upon the occupant of the premises or the next of kin of the deceased tenant, if 2
199	199	known, as follows: 3
200	200
201	201	A. If any of the persons whom the sheriff is directed to serve 4
202	202	are found on the property or at another known address, the sheriff shall serve any such 5
203	203	persons; or 6
204	204
205	205	B. If none of the persons whom the sheriff is directed to serve 7
206	206	are found on the property or at another known address, the constable or sheriff shall affix 8
207	207	an attested copy of the summons conspicuously upon the property. 9
208	208
209	209	2. The affixing of the summons upon the property shall 10
210	210	conclusively be presumed to be a sufficient service to all persons to support the entry of a 11
211	211	default judgment for possession of the premises, together with court costs, in favor of the 12
212	212	landlord, but it shall not be sufficient service to support a default judgment in favor of the 13
213	213	landlord for the amount of rent due. 14
214	214
215	215	(e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, 15
216	216	the court is satisfied that the interests of justice will be better served by an adjournment to 16
217	217	enable either party to procure their necessary witnesses OR TO OBTAIN DOCUMEN TS OR 17
218	218	OTHER PROOF OF CLAIM OR DEFENSE, the court may adjourn the trial for a period not 18
219	219	exceeding [1 day] 10 DAYS, except with the consent of all parties, the trial may be 19
220	220	adjourned for a longer period of time. 20
221	221
222	222	(2) (i) [The] IN A PROCEEDING UNDER THIS SECTION , THE 21
223	223	LANDLORD SHALL PROVI DE DIRECT EVIDENCE O F THE information required under 22
224	224	subsection [(b)(1)(vi)] (B)(2)(VI) AND (VII) of this section [may not be an issue of fact in a 23
225	225	trial under this section]. 24
226	226
227	227	(ii) If, when the trial occurs, it appears to the satisfaction of the 25
228	228	court, that THE LANDLORD HAS MET THE BURDEN OF PROVID ING DIRECT EVIDENCE 26
229	229	UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH AN D THAT the rent, or any part of the 27
230	230	rent and late fees are actually due and unpaid, the court shall determine the amount of 28
231	231	rent and late fees due as of the date the complaint was filed less the amount of any utility 29
232	232	bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article, 30
233	233	if the trial occurs within the time specified by subsection [(b)(3)] (B)(4) of this section. 31
234	234
235	235	(iii) 1. If the trial does not occur within the time specified in 32
236	236	subsection [(b)(3)(i)] (B)(4)(I) of this section and the tenant has not become current since 33
237	237	the filing of the complaint, the court, if the complaint so requests, shall enter a judgment 34
238	238	in favor of the landlord for possession of the premises and determine the rent and late fees 35
239	239	due as of the trial date. 36
240	240
241	241	2. The determination of rent and late fees shall include the 37
242	242	following: 38 6 HOUSE BILL 101
243	243
244	244
245	245
246	246	A. Rent claimed in the complaint; 1
247	247
248	248	B. Rent accruing after the date of the filing of the complaint; 2
249	249
250	250	C. Late fees accruing in or prior to the month in which the 3
251	251	complaint was filed; and 4
252	252
253	253	D. Credit for payments of rent and late fees and other fees, 5
254	254	utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 6
255	255	Article after the complaint was filed. 7
256	256
257	257	(iv) In the case of a residential tenancy, the court may also give 8
258	258	judgment in favor of the landlord for the amount of rent and late fees determined to be due 9
259	259	together with costs of the suit if the court finds that the residential tenant was personally 10
260	260	served with a summons. 11
261	261
262	262	(v) In the case of a nonresidential tenancy, if the court finds that 12
263	263	there was such service of process or submission to the jurisdiction of the court as would 13
264	264	support a judgment in contract or tort, the court may also give judgment in favor of the 14
265	265	landlord for: 15
266	266
267	267	1. The amount of rent and late fees determined to be due; 16
268	268
269	269	2. Costs of the suit; and 17
270	270
271	271	3. Reasonable attorney’s fees, if the lease agreement 18
272	272	authorizes the landlord to recover attorney’s fees. 19
273	273
274	274	(vi) A nonresidential tenant who was not personally served with a 20
275	275	summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 21
276	276	the appearance is for the purpose of defending an in rem action prior to the time that 22
277	277	evidence is taken by the court. 23
278	278
279	279	(3) The court, when entering the judgment, shall also order that possession 24
280	280	of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 25
281	281	after the trial. 26
282	282
283	283	(4) The court may, upon presentation of a certificate signed by a physician 27
284	284	certifying that surrender of the premises within this 4–day period would endanger the 28
285	285	health or life of the tenant or any other occupant of the premises, extend the time for 29
286	286	surrender of the premises as justice may require but not more than 15 days after the trial. 30
287	287
288	288	(5) However, if the tenant, or someone for the tenant, at the trial, or 31
289	289	adjournment of the trial, tenders to the landlord the rent and late fees determined by the 32
290	290	court to be due and unpaid, together with the costs of the suit, the complaint against the 33
291	291	tenant shall be entered as being satisfied. 34 HOUSE BILL 101 7
292	292
293	293
294	294
295	295	Article 4 – Baltimore City 1
296	296
297	297	9–2. 2
298	298
299	299	Whenever the tenant under any demise or agreement of rental, express or implied, 3
300	300	verbal or written, of lands or tenements, whether real estate or chattels real within the 4
301	301	limits of the City of Baltimore, shall fail to pay the rent thereunder when due and payable, 5
302	302	it shall be lawful for the lessor to have again and repossess the premises so rented SO LONG 6
303	303	AS THE PREMISES COMP LY WITH THE REGISTRA TION, PERMIT, OR LICENSE 7
304	304	REQUIREMENTS SET FOR TH IN § 5–4 OF ARTICLE 13 OF THE BALTIMORE CITY CODE 8
305	305	AND §§ 6–811, 6–812, 6–815, 6–817, AND 6–819 OF THE ENVIRONMENT ARTICLE OF 9
306	306	THE ANNOTATED CODE OF MARYLAND. The filing of a complaint in summary ejectment 10
307	307	under this subtitle, the trial of said cause and the granting of a judgment of restitution 11
308	308	shall not preclude the plaintiff or the owner of said premises from filing and maintaining 12
309	309	an independent suit for rent due and unpaid. 13
310	310
311	311	9–5. 14
312	312
313	313	(a) If, at the trial aforesaid, the judge shall be satisfied the interest of justice will 15
314	314	be better served by an adjournment, [he] TO ENABLE A PARTY TO PROCURE NECESSARY 16
315	315	WITNESSES OR OBTAIN DOCUMENTS OR OTHER P ROOF OF A CLAIM OR D EFENSE, OR 17
316	316	FOR OTHER PURPOSES O F THE JUDGE’S DISCRETION, THE JUDGE may adjourn the 18
317	317	trial for a period not exceeding [seven] 10 days, except by consent of the parties, and if at 19
318	318	said trial or due adjournment, as aforesaid, it shall appear to the satisfaction of the judge 20
319	319	before whom said complaint has been tried as aforesaid, that the rent or any part of the 21
320	320	rent for said premises is actually due and unpaid, then the said judge shall give judgment 22
321	321	in favor of said lessor for the amount of rent found due, with costs of suit, and shall order 23
322	322	that said tenant and all persons claiming or holding by or under said tenant shall yield and 24
323	323	render up possession of said premises unto said lessor, or unto [his] THE LESSOR’S duly 25
324	324	qualified agent or attorney within 4 days thereafter; provided, however, that upon 26
325	325	presentation of certificate signed by a practicing physician certifying that surrender of said 27
326	326	premises within said period of 4 days would endanger the health or life of any occupant 28
327	327	thereof, said judge may, at the trial or subsequent thereto, extend the time for such 29
328	328	surrender of the premises upon such terms and for such period or periods as [he] THE 30
329	329	JUDGE shall deem necessary and just. If the interval between the filing of the landlord’s 31
330	330	complaint and the trial of the cause shall be more than [three] 3 days, any order or 32
331	331	judgment of said court with respect to the payment of rent shall include all rent due and 33
332	332	unpaid up to and including the day of trial; and the proceedings amended to set forth the 34
333	333	basis of said judgment or order. 35
334	334
335	335	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 36
336	336	1, 2022. 37
337	337