EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0101*
HOUSE BILL 101
N1, L2 2lr0306
(PRE–FILED)
By: Delegate Rosenberg
Requested: July 26, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Repossession for Failure to Pay Rent – Lead Risk 2
Reduction Compliance 3
FOR the purpose of requiring as part of a complaint for repossession for failure to pay rent 4
that a landlord provide registration or licensing information for a property for which 5
registration or licensing is required under local law and to state whether a property 6
is an affected property under certain lead–based paint abatement laws; altering 7
provisions relating to evidentiary requirements in a trial for repossession for failure 8
to pay rent; requiring a rental property in Baltimore City to be in compliance with 9
lead–based paint abatement requirements before a landlord may file a complaint for 10
repossession of the property for failure to pay rent; and generally relating to actions 11
for repossession for failure to pay rent. 12
BY repealing and reenacting, without amendments, 13
Article – Real Property 14
Section 8–401(a) 15
Annotated Code of Maryland 16
(2015 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Real Property 19
Section 8–401(b) and (e) 20
Annotated Code of Maryland 21
(2015 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
The Public Local Laws of Baltimore City 24
Section 9–2 and 9–5(a) 25
Article 4 – Public Local Laws of Maryland 26
(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 27 2 HOUSE BILL 101
SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Real Property 3
8–401. 4
(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 5
shall be lawful for the landlord to have again and repossess the premises in accordance 6
with this section. 7
(b) (1) Whenever any landlord shall desire to repossess any premises to which 8
the landlord is entitled under the provisions of subsection (a) of this section, the landlord 9
or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 10
completed the procedures required under subsection (c) of this section. 11
(2) After completing the procedures required under subsection (c) of this 12
section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 13
written complaint under oath or affirmation, in the District Court of the county wherein 14
the property is situated: 15
(i) Describing in general terms the property sought to be 16
repossessed; 17
(ii) Setting forth the name of each tenant to whom the property is 18
rented or any assignee or subtenant; 19
(iii) Stating the amount of rent and any late fees due and unpaid, less 20
the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 21
the Public Utilities Article; 22
(iv) Requesting to repossess the premises and, if requested by the 23
landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 24
of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 25
Utilities Article; 26
(v) If applicable, stating that, to the best of the landlord’s knowledge, 27
the tenant is deceased, intestate, and without next of kin; [and] 28
(VI) IF THE PROPERTY TO BE REPOSSESSED IS REQUIRED BY 29
LOCAL LAW OR REGULAT ION TO OPERATE UNDER A VALID REGISTRATION OR 30
LICENSE ISSUED BY A STATE, COUNTY, OR MUNICIPAL ORGANIZ ATION, STATING 31
THAT THE PROPERTY IS REGISTERED OR LICENS ED AND STATING THE 32
REGISTRATION OR LICE NSE NUMBER FOR THE P ROPERTY TO BE REPOSSESSED ; AND 33
HOUSE BILL 101 3
[(vi)] (VII) If the property to be repossessed is an affected property as 1
defined in § 6–801 of the Environment Article, stating that the PROPERTY IS AN 2
AFFECTED PROPERTY AN D THAT THE landlord has registered the affected property as 3
required under § 6–811 of the Environment Article and renewed the registration as 4
required under § 6–812 of the Environment Article and: 5
1. A. If the current tenant moved into the property on or 6
after February 24, 1996, stating the inspection certificate number for the inspection 7
conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 8
or 9
B. On or after February 24, 2006, stating the inspection 10
certificate number for the inspection conducted for the current tenancy as required under 11
§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 12
2. Stating that the owner is unable to provide an inspection 13
certificate number because: 14
A. The owner has requested that the tenant allow the owner 15
access to the property to perform the work required under Title 6, Subtitle 8 of the 16
Environment Article; 17
B. The owner has offered to relocate the tenant in order to 18
allow the owner to perform work if the work will disturb the paint on the interior surfaces 19
of the property and to pay the reasonable expenses the tenant would incur directly related 20
to the relocation; and 21
C. The tenant has refused to allow access to the owner or 22
refused to vacate the property in order for the owner to perform the required work. 23
(3) For the purpose of the court’s determination under subsection (e) of this 24
section the landlord shall also specify the amount of rent due for each rental period under 25
the lease, the day that the rent is due for each rental period, and any late fees for overdue 26
rent payments. 27
(4) The District Court shall issue its summons, directed to any constable or 28
sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify 29
the tenant, assignee, or subtenant by first–class mail: 30
(i) To appear before the District Court at the trial to be held on the 31
fifth day after the filing of the complaint; and 32
(ii) To answer the landlord’s complaint to show cause why the 33
demand of the landlord should not be granted. 34
(5) (i) The constable or sheriff shall proceed to serve the summons upon 35
the tenant, assignee, or subtenant or their known or authorized agent as follows: 36 4 HOUSE BILL 101
1. If personal service is requested and any of the persons 1
whom the sheriff shall serve is found on the property, the sheriff shall serve any such 2
persons; or 3
2. If personal service is requested and none of the persons 4
whom the sheriff is directed to serve shall be found on the property and, in all cases where 5
personal service is not requested, the constable or sheriff shall affix an attested copy of the 6
summons conspicuously upon the property. 7
(ii) The affixing of the summons upon the property after due 8
notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 9
presumed to be a sufficient service to all persons to support the entry of a default judgment 10
for possession of the premises, together with court costs, in favor of the landlord, but it shall 11
not be sufficient service to support a default judgment in favor of the landlord for the 12
amount of rent due. 13
(6) Notwithstanding the provisions of paragraphs (1) through [(4)] (5) of 14
this subsection: 15
(i) In an action to repossess nonresidential property under this 16
section, service of process on a tenant: 17
1. Shall be directed to the sheriff of the appropriate county 18
or municipality; and 19
2. On plaintiff’s request, may be directed to any person 20
authorized under the Maryland Rules to serve process; and 21
(ii) In Wicomico County, in an action to repossess any premises 22
under this section, service of process on a tenant may be directed to any person authorized 23
under the Maryland Rules to serve process. 24
(7) (i) Notwithstanding the provisions of paragraphs [(3) through (5)] 25
(4) THROUGH (6) of this subsection, if the landlord certifies to the court in the written 26
complaint required under paragraph [(1)] (2) of this subsection that, to the best of the 27
landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District 28
Court shall issue its summons, directed to any constable or sheriff of the county entitled to 29
serve process, and ordering the constable or sheriff to notify the occupant of the premises 30
or the next of kin of the deceased tenant, if known, by personal service: 31
1. To appear before the District Court at the trial to be held 32
on the fifth day after the filing of the complaint; and 33
2. To answer the landlord’s complaint to show cause why the 34
demand of the landlord should not be granted. 35
HOUSE BILL 101 5
(ii) 1. The constable or sheriff shall proceed to serve the 1
summons upon the occupant of the premises or the next of kin of the deceased tenant, if 2
known, as follows: 3
A. If any of the persons whom the sheriff is directed to serve 4
are found on the property or at another known address, the sheriff shall serve any such 5
persons; or 6
B. If none of the persons whom the sheriff is directed to serve 7
are found on the property or at another known address, the constable or sheriff shall affix 8
an attested copy of the summons conspicuously upon the property. 9
2. The affixing of the summons upon the property shall 10
conclusively be presumed to be a sufficient service to all persons to support the entry of a 11
default judgment for possession of the premises, together with court costs, in favor of the 12
landlord, but it shall not be sufficient service to support a default judgment in favor of the 13
landlord for the amount of rent due. 14
(e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, 15
the court is satisfied that the interests of justice will be better served by an adjournment to 16
enable either party to procure their necessary witnesses OR TO OBTAIN DOCUMEN TS OR 17
OTHER PROOF OF CLAIM OR DEFENSE, the court may adjourn the trial for a period not 18
exceeding [1 day] 10 DAYS, except with the consent of all parties, the trial may be 19
adjourned for a longer period of time. 20
(2) (i) [The] IN A PROCEEDING UNDER THIS SECTION , THE 21
LANDLORD SHALL PROVI DE DIRECT EVIDENCE O F THE information required under 22
subsection [(b)(1)(vi)] (B)(2)(VI) AND (VII) of this section [may not be an issue of fact in a 23
trial under this section]. 24
(ii) If, when the trial occurs, it appears to the satisfaction of the 25
court, that THE LANDLORD HAS MET THE BURDEN OF PROVID ING DIRECT EVIDENCE 26
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH AN D THAT the rent, or any part of the 27
rent and late fees are actually due and unpaid, the court shall determine the amount of 28
rent and late fees due as of the date the complaint was filed less the amount of any utility 29
bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article, 30
if the trial occurs within the time specified by subsection [(b)(3)] (B)(4) of this section. 31
(iii) 1. If the trial does not occur within the time specified in 32
subsection [(b)(3)(i)] (B)(4)(I) of this section and the tenant has not become current since 33
the filing of the complaint, the court, if the complaint so requests, shall enter a judgment 34
in favor of the landlord for possession of the premises and determine the rent and late fees 35
due as of the trial date. 36
2. The determination of rent and late fees shall include the 37
following: 38 6 HOUSE BILL 101
A. Rent claimed in the complaint; 1
B. Rent accruing after the date of the filing of the complaint; 2
C. Late fees accruing in or prior to the month in which the 3
complaint was filed; and 4
D. Credit for payments of rent and late fees and other fees, 5
utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 6
Article after the complaint was filed. 7
(iv) In the case of a residential tenancy, the court may also give 8
judgment in favor of the landlord for the amount of rent and late fees determined to be due 9
together with costs of the suit if the court finds that the residential tenant was personally 10
served with a summons. 11
(v) In the case of a nonresidential tenancy, if the court finds that 12
there was such service of process or submission to the jurisdiction of the court as would 13
support a judgment in contract or tort, the court may also give judgment in favor of the 14
landlord for: 15
1. The amount of rent and late fees determined to be due; 16
2. Costs of the suit; and 17
3. Reasonable attorney’s fees, if the lease agreement 18
authorizes the landlord to recover attorney’s fees. 19
(vi) A nonresidential tenant who was not personally served with a 20
summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 21
the appearance is for the purpose of defending an in rem action prior to the time that 22
evidence is taken by the court. 23
(3) The court, when entering the judgment, shall also order that possession 24
of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 25
after the trial. 26
(4) The court may, upon presentation of a certificate signed by a physician 27
certifying that surrender of the premises within this 4–day period would endanger the 28
health or life of the tenant or any other occupant of the premises, extend the time for 29
surrender of the premises as justice may require but not more than 15 days after the trial. 30
(5) However, if the tenant, or someone for the tenant, at the trial, or 31
adjournment of the trial, tenders to the landlord the rent and late fees determined by the 32
court to be due and unpaid, together with the costs of the suit, the complaint against the 33
tenant shall be entered as being satisfied. 34 HOUSE BILL 101 7
Article 4 – Baltimore City 1
9–2. 2
Whenever the tenant under any demise or agreement of rental, express or implied, 3
verbal or written, of lands or tenements, whether real estate or chattels real within the 4
limits of the City of Baltimore, shall fail to pay the rent thereunder when due and payable, 5
it shall be lawful for the lessor to have again and repossess the premises so rented SO LONG 6
AS THE PREMISES COMP LY WITH THE REGISTRA TION, PERMIT, OR LICENSE 7
REQUIREMENTS SET FOR TH IN § 5–4 OF ARTICLE 13 OF THE BALTIMORE CITY CODE 8
AND §§ 6–811, 6–812, 6–815, 6–817, AND 6–819 OF THE ENVIRONMENT ARTICLE OF 9
THE ANNOTATED CODE OF MARYLAND. The filing of a complaint in summary ejectment 10
under this subtitle, the trial of said cause and the granting of a judgment of restitution 11
shall not preclude the plaintiff or the owner of said premises from filing and maintaining 12
an independent suit for rent due and unpaid. 13
9–5. 14
(a) If, at the trial aforesaid, the judge shall be satisfied the interest of justice will 15
be better served by an adjournment, [he] TO ENABLE A PARTY TO PROCURE NECESSARY 16
WITNESSES OR OBTAIN DOCUMENTS OR OTHER P ROOF OF A CLAIM OR D EFENSE, OR 17
FOR OTHER PURPOSES O F THE JUDGE’S DISCRETION, THE JUDGE may adjourn the 18
trial for a period not exceeding [seven] 10 days, except by consent of the parties, and if at 19
said trial or due adjournment, as aforesaid, it shall appear to the satisfaction of the judge 20
before whom said complaint has been tried as aforesaid, that the rent or any part of the 21
rent for said premises is actually due and unpaid, then the said judge shall give judgment 22
in favor of said lessor for the amount of rent found due, with costs of suit, and shall order 23
that said tenant and all persons claiming or holding by or under said tenant shall yield and 24
render up possession of said premises unto said lessor, or unto [his] THE LESSOR’S duly 25
qualified agent or attorney within 4 days thereafter; provided, however, that upon 26
presentation of certificate signed by a practicing physician certifying that surrender of said 27
premises within said period of 4 days would endanger the health or life of any occupant 28
thereof, said judge may, at the trial or subsequent thereto, extend the time for such 29
surrender of the premises upon such terms and for such period or periods as [he] THE 30
JUDGE shall deem necessary and just. If the interval between the filing of the landlord’s 31
complaint and the trial of the cause shall be more than [three] 3 days, any order or 32
judgment of said court with respect to the payment of rent shall include all rent due and 33
unpaid up to and including the day of trial; and the proceedings amended to set forth the 34
basis of said judgment or order. 35
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 36
1, 2022. 37