EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0174*
HOUSE BILL 174
N1, L2 (2lr0494)
ENROLLED BILL
— Environment and Transportation/Judicial Proceedings —
Introduced by Delegate Lehman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Landlord and Tenant – Repossession for Failure to Pay Rent – Registration and 2
License Information of Affected Property 3
FOR the purpose of requiring a landlord, or a landlord’s duly authorized agent, at the time 4
of filing a certain complaint in an action for repossession for failure to pay rent to 5
submit certain original or electronic copies of documents in order to prove, by a 6
certain standard of evidence, plead and demonstrate that a property is in compliance 7
with, or exempt from, certain local license requirements and certain lead–based 8
paint abatement laws; specifying that a certain provisional or temporary license is 9
insufficient to satisfy certain filing requirements; establishing that information 10
regarding the status of a rental property as an affected property under certain 11
lead–based paint abatement laws may be an issue of fact at trial; establishing that 12
a landlord may provide an electronic copy of a certain license as proof of compliance 13
with certain local license requirements; prohibiting a court from entering a judgment 14
in favor of a landlord who fails to prove that a property is in compliance with, or 15 2 HOUSE BILL 174
exempt from, certain local license requirements; and generally relating to 1
registration of affected property in actions for repossession for failure to pay rent. 2
BY repealing and reenacting, without amendments, 3
Article – Real Property 4
Section 8–401(a) and (b) 5
Annotated Code of Maryland 6
(2015 Replacement Volume and 2021 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Real Property 9
Section 8–401(b) and (e) 8–401(e) 10
Annotated Code of Maryland 11
(2015 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, with amendments, 13
The Public Local Laws of Baltimore City 14
Section 9–3 and 9–5 15
Article 4 – Public Local Laws of Maryland 16
(1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Real Property 20
8–401. 21
(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 22
shall be lawful for the landlord to have again and repossess the premises in accordance 23
with this section. 24
(b) (1) Whenever any landlord shall desire to repossess any premises to which 25
the landlord is entitled under the provisions of subsection (a) of this section, the landlord 26
or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 27
completed the procedures required under subsection (c) of this section. 28
(2) After completing the procedures required under subsection (c) of this 29
section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 30
written complaint under oath or affirmation, in the District Court of the county wherein 31
the property is situated: 32
(i) Describing in general terms the property sought to be 33
repossessed; 34
(ii) Setting forth the name of each tenant to whom the property is 35
rented or any assignee or subtenant; 36 HOUSE BILL 174 3
(iii) Stating the amount of rent and any late fees due and unpaid, less 1
the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 2
the Public Utilities Article; 3
(iv) Requesting to repossess the premises and, if requested by the 4
landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 5
of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 6
Utilities Article; 7
(v) If applicable, stating that, to the best of the landlord’s knowledge, 8
the tenant is deceased, intestate, and without next of kin; and 9
(vi) If the property to be repossessed is an affected property as 10
defined in § 6–801 of the Environment Article, stating that the landlord has registered the 11
affected property as required under § 6–811 of the Environment Article and renewed the 12
registration as required under § 6–812 of the Environment Article and: 13
1. A. If the current tenant moved into the property on or 14
after February 24, 1996, stating the inspection certificate number for the inspection 15
conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 16
or 17
B. On or after February 24, 2006, stating the inspection 18
certificate number for the inspection conducted for the current tenancy as required under 19
§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 20
2. Stating that the owner is unable to provide an inspection 21
certificate number because: 22
A. The owner has requested that the tenant allow the owner 23
access to the property to perform the work required under Title 6, Subtitle 8 of the 24
Environment Article; 25
B. The owner has offered to relocate the tenant in order to 26
allow the owner to perform work if the work will disturb the paint on the interior surfaces 27
of the property and to pay the reasonable expenses the tenant would incur directly related 28
to the relocation; and 29
C. The tenant has refused to allow access to the owner or 30
refused to vacate the property in order for the owner to perform the required work. 31
(3) (I) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER 32
THIS SUBSECTION , THE LANDLORD OR THE LANDLORD’S DULY AUTHORIZED AG ENT 33
SHALL SUBMIT DOCUMEN TS TO THE DISTRICT COURT DEMONSTRATING PLEAD AND 34
DEMONSTRATE THAT THE RENTAL PROP ERTY IS: 35 4 HOUSE BILL 174
1. LICENSED WITH THE COU NTY LICENSED IN 1
COMPLIANCE WITH ALL , OR EXEMPT FROM , ANY APPLICABLE RENTAL PR OPERTY 2
LICENSING REQUIREMEN TS OF THE LOC AL JURISDICTION IN W HICH THE RENTAL 3
PROPERTY IS LOCATED ; AND 4
2. IN COMPLIANCE WITH AL L REGISTRATION 5
REQUIREMENTS UNDER TITLE 6, SUBTITLE 8, PART III OF THE ENVIRONMENT 6
ARTICLE. 7
(II) A PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT 8
TO SATISFY THE REQUIREMENTS UND ER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH . 9
[(3)] (4) For the purpose of the court’s determination under subsection (e) 10
of this section the landlord shall also specify the amount of rent due for each rental period 11
under the lease, the day that the rent is due for each rental period, and any late fees for 12
overdue rent payments. 13
[(4)] (5) The District Court shall issue its summons, directed to any 14
constable or sheriff of the county entitled to serve process, and ordering the constable or 15
sheriff to notify the tenant, assignee, or subtenant by first–class mail: 16
(i) To appear before the District Court at the trial to be held on the 17
fifth day after the filing of the complaint; and 18
(ii) To answer the landlord’s complaint to show cause why the 19
demand of the landlord should not be granted. 20
[(5)] (6) (i) The constable or sheriff shall proceed to serve the 21
summons upon the tenant, assignee, or subtenant or their known or authorized agent as 22
follows: 23
1. If personal service is requested and any of the persons 24
whom the sheriff shall serve is found on the property, the sheriff shall serve any such 25
persons; or 26
2. If personal service is requested and none of the persons 27
whom the sheriff is directed to serve shall be found on the property and, in all cases where 28
personal service is not requested, the constable or sheriff shall affix an attested copy of the 29
summons conspicuously upon the property. 30
(ii) The affixing of the summons upon the property after due 31
notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 32
presumed to be a sufficient service to all persons to support the entry of a default judgment 33
for possession of the premises, together with court costs, in favor of the landlord, but it shall 34 HOUSE BILL 174 5
not be sufficient service to support a default judgment in favor of the landlord for the 1
amount of rent due. 2
[(6)] (7) Notwithstanding the provisions of paragraphs (1) through [(4)] 3
(6) of this subsection: 4
(i) In an action to repossess nonresidential property under this 5
section, service of process on a tenant: 6
1. Shall be directed to the sheriff of the appropriate county 7
or municipality; and 8
2. On plaintiff’s request, may be directed to any person 9
authorized under the Maryland Rules to serve process; and 10
(ii) In Wicomico County, in an action to repossess any premises 11
under this section, service of process on a tenant may be directed to any person authorized 12
under the Maryland Rules to serve process. 13
[(7)] (8) (i) Notwithstanding the provisions of paragraphs [(3)] (5) 14
through [(5)] (7) of this subsection, if the landlord certifies to the court in the written 15
complaint required under paragraph [(1)] (2) of this subsection that, to the best of the 16
landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District 17
Court shall issue its summons, directed to any constable or sheriff of the county entitled to 18
serve process, and ordering the constable or sheriff to notify the occupant of the premises 19
or the next of kin of the deceased tenant, if known, by personal service: 20
1. To appear before the District Court at the trial to be held 21
on the fifth day after the filing of the complaint; and 22
2. To answer the landlord’s complaint to show cause why the 23
demand of the landlord should not be granted. 24
(ii) 1. The constable or sheriff shall proceed to serve the 25
summons upon the occupant of the premises or the next of kin of the deceased tenant, if 26
known, as follows: 27
A. If any of the persons whom the sheriff is directed to serve 28
are found on the property or at another known address, the sheriff shall serve any such 29
persons; or 30
B. If none of the persons whom the sheriff is directed to serve 31
are found on the property or at another known address, the constable or sheriff shall affix 32
an attested copy of the summons conspicuously upon the property. 33
6 HOUSE BILL 174
2. The affixing of the summons upon the property shall 1
conclusively be presumed to be a sufficient service to all persons to support the entry of a 2
default judgment for possession of the premises, together with court costs, in favor of the 3
landlord, but it shall not be sufficient service to support a default judgment in favor of the 4
landlord for the amount of rent due. 5
(e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, 6
the court is satisfied that the interests of justice will be better served by an adjournment to 7
enable either party to procure their necessary witnesses, the court may adjourn the trial 8
for a period not exceeding 1 day, except with the consent of all parties, the trial may be 9
adjourned for a longer period of time. 10
(2) (i) 1. [The information required under subsection (b)(1)(vi) 11
(B)(2)(VI) of this section may not be an issue of fact in a trial under this section.] 12
1. 2. DURING TRIAL, THE LANDLORD SHALL H AVE THE 13
BURDEN OF PROVING , BY A PREPONDERANCE O F THE EVIDENCE , THAT THE 14
REQUIREMENTS UNDER S UBSECTION (B)(3)(I)1 OF THIS SECTION HAVE BEEN MET 15
TO THE SATISFACTION OF THE COURT THAT TH E RENTAL PROPERTY IS LICENSED IN 16
COMPLIANCE WITH , OR EXEMPT FROM , ANY APPLICABLE RENTA L PROPERTY 17
LICENSING REQUIREMEN TS AS PROVIDED UNDER SUBSECTION (B)(3) OF THIS 18
SECTION. 19
2. 3. IF THE LANDLORD FAILS TO PROVIDE PROOF UND ER 20
SUBSUBPARAGRAPH 1 2 OF THIS SUBPARAG RAPH, THE COURT MAY NOT EN TER A 21
JUDGMENT IN FAVOR OF THE LANDLORD . 22
3. 4. THE LANDLORD MAY PRES ENT AN ELECTRONIC CO PY 23
OF THE LICENSE TO SA TISFY THE BURDEN OF PROOF UNDER SUBSUBPA RAGRAPH 1 24
2 OF THIS SUBPARAGRAPH . 25
(ii) If, when the trial occurs, it appears to the satisfaction of the 26
court, that the rent, or any part of the rent and late fees are actually due and unpaid, the 27
court shall determine the amount of rent and late fees due as of the date the complaint was 28
filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 29
7–309 of the Public Utilities Article, if the trial occurs within the time specified by 30
subsection [(b)(3)] (B)(5) of this section. 31
(iii) 1. If the trial does not occur within the time specified in 32
subsection [(b)(3)(i)] (B)(5)(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
HOUSE BILL 174 7
2. The determination of rent and late fees shall include the 1
following: 2
A. Rent claimed in the complaint; 3
B. Rent accruing after the date of the filing of the complaint; 4
C. Late fees accruing in or prior to the month in which the 5
complaint was filed; and 6
D. Credit for payments of rent and late fees and other fees, 7
utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 8
Article after the complaint was filed. 9
(iv) In the case of a residential tenancy, the court may also give 10
judgment in favor of the landlord for the amount of rent and late fees determined to be due 11
together with costs of the suit if the court finds that the residential tenant was personally 12
served with a summons. 13
(v) In the case of a nonresidential tenancy, if the court finds that 14
there was such service of process or submission to the jurisdiction of the court as would 15
support a judgment in contract or tort, the court may also give judgment in favor of the 16
landlord for: 17
1. The amount of rent and late fees determined to be due; 18
2. Costs of the suit; and 19
3. Reasonable attorney’s fees, if the lease agreement 20
authorizes the landlord to recover attorney’s fees. 21
(vi) A nonresidential tenant who was not personally served with a 22
summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 23
the appearance is for the purpose of defending an in rem action prior to the time that 24
evidence is taken by the court. 25
(3) The court, when entering the judgment, shall also order that possession 26
of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 27
after the trial. 28
(4) The court may, upon presentation of a certificate signed by a physician 29
certifying that surrender of the premises within this 4–day period would endanger the 30
health or life of the tenant or any other occupant of the premises, extend the time for 31
surrender of the premises as justice may require but not more than 15 days after the trial. 32
(5) However, if the tenant, or someone for the tenant, at the trial, or 33
adjournment of the trial, tenders to the landlord the rent and late fees determined by the 34 8 HOUSE BILL 174
court to be due and unpaid, together with the costs of the suit, the complaint against the 1
tenant shall be entered as being satisfied. 2
Article 4 – Baltimore City 3
9–3. 4
(A) Whenever any lessor shall desire to have again and repossess any premises to 5
which he is entitled under the provisions of the preceding section, he or his duly qualified 6
agent or attorney, shall make his written complaint under oath or affirmation, in the 7
District Court in Baltimore City, and describing therein in general terms the property 8
sought to be had again and repossessed as aforesaid, and also setting forth the name of the 9
tenant to whom the same is rented, or his assignee or under tenant or tenants, with the 10
amount of rent thereon due and unpaid; and praying by warrant to have again an d 11
repossess the premises, together with judgment for the amount of rent due and costs; and 12
it shall thereupon be the duty of said District Court in Baltimore City forthwith to issue 13
summons directed to a Constable of said court, ordering him to notify said tenant, assignee 14
or under tenant forthwith to appear before the said District Court at trial to be held on the 15
fifth day after the filing of said complaint, except as hereinafter provided, to show cause 16
why the prayer of said lessor should not be granted as aforesaid, and the said Constable 17
shall forthwith proceed to serve said summons on or before the third day after the filing of 18
said complaint, upon said tenant, assignee or under tenant in said premises, or upon his or 19
their known or authorized agent, or said Constable shall affix an attested copy of said 20
summons conspicuously upon said premises, and such affixing of said summons shall, for 21
the purposes of this subheading of this article, be deemed and construed a sufficient service 22
upon all persons whomsoever. 23
(B) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER THIS SECTION , 24
THE LESSOR OR THE LE SSOR’S DULY AUTHORIZED AG ENT SHALL SUBMIT 25
DOCUMENTS TO THE DISTRICT COURT IN BALTIMORE CITY DEMONSTRATING 26
PLEAD AND DEMONSTRAT E THAT THE RENTAL PROPERTY IS LICENSED IN 27
COMPLIANCE WITH , OR EXEMPT FROM , THE REQUIREMENTS OF ARTICLE 13, § 5–4 28
OF THE BALTIMORE CITY CODE AND TITLE 6, SUBTITLE 8, PART III OF THE 29
ENVIRONMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND. A 30
PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT TO SATISFY THE 31
REQUIREMENTS OF ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE. 32
9–5. 33
(a) (1) If, at the trial aforesaid, the judge shall be satisfied the interest of 34
justice will be better served by an adjournment, he may adjourn the trial for a period not 35
exceeding seven days, except by consent of the parties, and if at said trial or due 36
adjournment, as aforesaid, it shall appear to the satisfaction of the judge before whom said 37
complaint has been tried as aforesaid, that the rent or any part of the rent for said premises 38
is actually due and unpaid, then the said judge shall give judgment in favor of said lessor 39
for the amount of rent found due, with costs of suit, and shall order that said tenant and 40 HOUSE BILL 174 9
all persons claiming or holding by or under said tenant shall yield and render up possession 1
of said premises unto said lessor, or unto his duly qualified agent or attorney within 4 days 2
thereafter; provided, however, that upon presentation of certificate signed by a practicing 3
physician certifying that surrender of said premises within said period of 4 days would 4
endanger the health or life of any occupant thereof, said judge may, at the trial or 5
subsequent thereto, extend the time for such surrender of the premises upon such terms 6
and for such period or periods as he shall deem necessary and just. If the interval between 7
the filing of the landlord’s complaint and the trial of the cause shall be more than three 8
days, any order or judgment of said court with respect to the payment of rent shall include 9
all rent due and unpaid up to and including the day of trial; and the proceedings amended 10
to set forth the basis of said judgment or order. 11
(2) DURING TRIAL, THE LANDLORD SHALL H AVE THE BURDEN OF 12
PROVING, BY A PREPONDERANCE O F THE EVIDENCE , TO THE SATISFACTION OF THE 13
COURT THAT THE PROPERTY IS LICENSED IN COMPLIANCE WITH , OR EXEMPT FROM , 14
ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE. THE LESSOR MAY PRESEN T AN 15
ELECTRONIC COPY OF T HE LICENSE AS PROOF OF COMPLIANCE WITH ARTICLE 13, 16
§ 5–4 OF THE BALTIMORE CITY CODE. IF THE LESSOR FAILS TO PROVIDE PROOF 17
THAT THE PROPERTY IS IN COMPLIANCE WITH ARTICLE 13, § 5–4 OF THE 18
BALTIMORE CITY CODE, A JUDGE MAY NOT ENTE R A JUDGMENT IN FAVO R OF THE 19
LESSOR. 20
(b) (1) In any action of summary ejectment for failure to pay rent where the 21
landlord is awarded a judgment giving him restitution of the leased premises, the tenant 22
has the right to redemption of the leased premises by tendering in cash, certified check or 23
money order to the landlord or his agent all past due rent and late fees, plus all court 24
awarded costs and fees, at any time before actual execution of the eviction order. 25
(2) The right of redemption is not available to a tenant if the landlord 26
alleges and shows that more than three judgments of restitution were issued against the 27
tenant in the 12 months preceding the filing of the landlord’s complaint. 28
(3) Nothing in this section shall preclude a tenant in any summary 29
ejectment action from raising any defense available under the Public Local Laws of 30
Baltimore City. If a tenant prevails on any of these defenses, the judgment, whether or not 31
it includes a judgment of restitution against the tenant, shall not be considered a judgment 32
of restitution for purposes of paragraph (2) of this subsection. 33
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
January October 1, 2023. 35