MD
Maryland House Bill HB174

Maryland 2022 Regular Session

Maryland House Bill HB174 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 729
21
3-– 1 –
4-Chapter 729
5-(House Bill 174)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0174*
810
9-Landlord and Tenant – Repossession for Failure to Pay Rent – Registration and
10-License Information of Affected Property
11+HOUSE BILL 174
12+N1, L2 (2lr0494)
13+ENROLLED BILL
14+— Environment and Transportation/Judicial Proceedings —
15+Introduced by Delegate Lehman
1116
12-FOR the purpose of requiring a landlord, or a landlord’s duly authorized agent, at the time
13-of filing a certain complaint in an action for repossession for failure to pay rent to
14-submit certain original or electronic copies of documents in order to prove, by a
15-certain standard of evidence, plead and demonstrate that a property is in compliance
16-with, or exempt from, certain local license requirements and certain lead–based
17-paint abatement laws; specifying that a certain provisional or temporary license is
18-insufficient to satisfy certain filing requirements; establishing that information
19-regarding the status of a rental property as an affected property under certain
20-lead–based paint abatement laws may be an issue of fact at trial; establishing that
21-a landlord may provide an electronic copy of a certain license as proof of compliance
22-with certain local license requirements; prohibiting a court from entering a judgment
23-in favor of a landlord who fails to prove that a property is in compliance with, or
24-exempt from, certain local license requirements; and generally relating to
25-registration of affected property in actions for repossession for failure to pay rent.
17+Read and Examined by Proofreaders:
2618
27-BY repealing and reenacting, without amendments,
28- Article – Real Property
29- Section 8–401(a) and (b)
30- Annotated Code of Maryland
31- (2015 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3223
33-BY repealing and reenacting, with amendments,
34- Article – Real Property
35- Section 8–401(b) and (e) 8–401(e)
36- Annotated Code of Maryland
37- (2015 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3825
39-BY repealing and reenacting, with amendments,
40- The Public Local Laws of Baltimore City
41-Section 9–3 and 9–5
42- Article 4 – Public Local Laws of Maryland
43- (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended)
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
4427
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
28+______________________________________________
29+Speaker.
4730
48-Article – Real Property
49- Ch. 729 2022 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52-8–401.
33+AN ACT concerning 1
5334
54- (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it
55-shall be lawful for the landlord to have again and repossess the premises in accordance
56-with this section.
35+Landlord and Tenant – Repossession for Failure to Pay Rent – Registration and 2
36+License Information of Affected Property 3
5737
58- (b) (1) Whenever any landlord shall desire to repossess any premises to which
59-the landlord is entitled under the provisions of subsection (a) of this section, the landlord
60-or the landlord’s duly qualified agent or attorney shall ensure that the landlord has
61-completed the procedures required under subsection (c) of this section.
38+FOR the purpose of requiring a landlord, or a landlord’s duly authorized agent, at the time 4
39+of filing a certain complaint in an action for repossession for failure to pay rent to 5
40+submit certain original or electronic copies of documents in order to prove, by a 6
41+certain standard of evidence, plead and demonstrate that a property is in compliance 7
42+with, or exempt from, certain local license requirements and certain lead–based 8
43+paint abatement laws; specifying that a certain provisional or temporary license is 9
44+insufficient to satisfy certain filing requirements; establishing that information 10
45+regarding the status of a rental property as an affected property under certain 11
46+lead–based paint abatement laws may be an issue of fact at trial; establishing that 12
47+a landlord may provide an electronic copy of a certain license as proof of compliance 13
48+with certain local license requirements; prohibiting a court from entering a judgment 14
49+in favor of a landlord who fails to prove that a property is in compliance with, or 15 2 HOUSE BILL 174
6250
63- (2) After completing the procedures required under subsection (c) of this
64-section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s
65-written complaint under oath or affirmation, in the District Court of the county wherein
66-the property is situated:
6751
68- (i) Describing in general terms the property sought to be
69-repossessed;
52+exempt from, certain local license requirements; and generally relating to 1
53+registration of affected property in actions for repossession for failure to pay rent. 2
7054
71- (ii) Setting forth the name of each tenant to whom the property is
72-rented or any assignee or subtenant;
55+BY repealing and reenacting, without amendments, 3
56+ Article – Real Property 4
57+ Section 8–401(a) and (b) 5
58+ Annotated Code of Maryland 6
59+ (2015 Replacement Volume and 2021 Supplement) 7
7360
74- (iii) Stating the amount of rent and any late fees due and unpaid, less
75-the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of
76-the Public Utilities Article;
61+BY repealing and reenacting, with amendments, 8
62+ Article – Real Property 9
63+ Section 8–401(b) and (e) 8–401(e) 10
64+ Annotated Code of Maryland 11
65+ (2015 Replacement Volume and 2021 Supplement) 12
7766
78- (iv) Requesting to repossess the premises and, if requested by the
79-landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount
80-of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public
81-Utilities Article;
67+BY repealing and reenacting, with amendments, 13
68+ The Public Local Laws of Baltimore City 14
69+Section 9–3 and 9–5 15
70+ Article 4 – Public Local Laws of Maryland 16
71+ (1979 Edition and 1997 Supplement, and 2000 Supplement, as amended) 17
8272
83- (v) If applicable, stating that, to the best of the landlord’s knowledge,
84-the tenant is deceased, intestate, and without next of kin; and
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
74+That the Laws of Maryland read as follows: 19
8575
86- (vi) If the property to be repossessed is an affected property as
87-defined in § 6–801 of the Environment Article, stating that the landlord has registered the
88-affected property as required under § 6–811 of the Environment Article and renewed the
89-registration as required under § 6–812 of the Environment Article and:
76+Article – Real Property 20
9077
91- 1. A. If the current tenant moved into the property on or
92-after February 24, 1996, stating the inspection certificate number for the inspection
93-conducted for the current tenancy as required under § 6–815(c) of the Environment Article;
94-or
95- LAWRENCE J. HOGAN, JR., Governor Ch. 729
78+8–401. 21
9679
97-– 3 –
98- B. On or after February 24, 2006, stating the inspection
99-certificate number for the inspection conducted for the current tenancy as required under
100-§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or
80+ (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 22
81+shall be lawful for the landlord to have again and repossess the premises in accordance 23
82+with this section. 24
10183
102- 2. Stating that the owner is unable to provide an inspection
103-certificate number because:
84+ (b) (1) Whenever any landlord shall desire to repossess any premises to which 25
85+the landlord is entitled under the provisions of subsection (a) of this section, the landlord 26
86+or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 27
87+completed the procedures required under subsection (c) of this section. 28
10488
105- A. The owner has requested that the tenant allow the owner
106-access to the property to perform the work required under Title 6, Subtitle 8 of the
107-Environment Article;
89+ (2) After completing the procedures required under subsection (c) of this 29
90+section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 30
91+written complaint under oath or affirmation, in the District Court of the county wherein 31
92+the property is situated: 32
10893
109- B. The owner has offered to relocate the tenant in order to
110-allow the owner to perform work if the work will disturb the paint on the interior surfaces
111-of the property and to pay the reasonable expenses the tenant would incur directly related
112-to the relocation; and
94+ (i) Describing in general terms the property sought to be 33
95+repossessed; 34
11396
114- C. The tenant has refused to allow access to the owner or
115-refused to vacate the property in order for the owner to perform the required work.
97+ (ii) Setting forth the name of each tenant to whom the property is 35
98+rented or any assignee or subtenant; 36 HOUSE BILL 174 3
11699
117- (3) (I) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER
118-THIS SUBSECTION , THE LANDLORD OR THE LANDLORD’S DULY AUTHORIZED AG ENT
119-SHALL SUBMIT DOCUMEN TS TO THE DISTRICT COURT DEMONSTRATING PLEAD AND
120-DEMONSTRATE THAT THE RENTAL PROP ERTY IS:
121100
122- 1. LICENSED WITH THE COU NTY LICENSED IN
123-COMPLIANCE WITH ALL , OR EXEMPT FROM , ANY APPLICABLE RENTAL PR OPERTY
124-LICENSING REQUIREMEN TS OF THE LOC AL JURISDICTION IN W HICH THE RENTAL
125-PROPERTY IS LOCATED ; AND
126101
127- 2. IN COMPLIANCE WITH AL L REGISTRATION
128-REQUIREMENTS UNDER TITLE 6, SUBTITLE 8, PART III OF THE ENVIRONMENT
129-ARTICLE.
102+ (iii) Stating the amount of rent and any late fees due and unpaid, less 1
103+the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 2
104+the Public Utilities Article; 3
130105
131- (II) A PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT
132-TO SATISFY THE REQUIREMENTS UND ER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH .
106+ (iv) Requesting to repossess the premises and, if requested by the 4
107+landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 5
108+of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 6
109+Utilities Article; 7
133110
134- [(3)] (4) For the purpose of the court’s determination under subsection (e)
135-of this section the landlord shall also specify the amount of rent due for each rental period
136-under the lease, the day that the rent is due for each rental period, and any late fees for
137-overdue rent payments.
111+ (v) If applicable, stating that, to the best of the landlord’s knowledge, 8
112+the tenant is deceased, intestate, and without next of kin; and 9
138113
139- [(4)] (5) The District Court shall issue its summons, directed to any
140-constable or sheriff of the county entitled to serve process, and ordering the constable or
141-sheriff to notify the tenant, assignee, or subtenant by first–class mail:
142- Ch. 729 2022 LAWS OF MARYLAND
114+ (vi) If the property to be repossessed is an affected property as 10
115+defined in § 6–801 of the Environment Article, stating that the landlord has registered the 11
116+affected property as required under § 6–811 of the Environment Article and renewed the 12
117+registration as required under § 6–812 of the Environment Article and: 13
143118
144-– 4 –
145- (i) To appear before the District Court at the trial to be held on the
146-fifth day after the filing of the complaint; and
119+ 1. A. If the current tenant moved into the property on or 14
120+after February 24, 1996, stating the inspection certificate number for the inspection 15
121+conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 16
122+or 17
147123
148- (ii) To answer the landlord’s complaint to show cause why the
149-demand of the landlord should not be granted.
124+ B. On or after February 24, 2006, stating the inspection 18
125+certificate number for the inspection conducted for the current tenancy as required under 19
126+§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 20
150127
151- [(5)] (6) (i) The constable or sheriff shall proceed to serve the
152-summons upon the tenant, assignee, or subtenant or their known or authorized agent as
153-follows:
128+ 2. Stating that the owner is unable to provide an inspection 21
129+certificate number because: 22
154130
155- 1. If personal service is requested and any of the persons
156-whom the sheriff shall serve is found on the property, the sheriff shall serve any such
157-persons; or
131+ A. The owner has requested that the tenant allow the owner 23
132+access to the property to perform the work required under Title 6, Subtitle 8 of the 24
133+Environment Article; 25
158134
159- 2. If personal service is requested and none of the persons
160-whom the sheriff is directed to serve shall be found on the property and, in all cases where
161-personal service is not requested, the constable or sheriff shall affix an attested copy of the
162-summons conspicuously upon the property.
135+ B. The owner has offered to relocate the tenant in order to 26
136+allow the owner to perform work if the work will disturb the paint on the interior surfaces 27
137+of the property and to pay the reasonable expenses the tenant would incur directly related 28
138+to the relocation; and 29
163139
164- (ii) The affixing of the summons upon the property after due
165-notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be
166-presumed to be a sufficient service to all persons to support the entry of a default judgment
167-for possession of the premises, together with court costs, in favor of the landlord, but it shall
168-not be sufficient service to support a default judgment in favor of the landlord for the
169-amount of rent due.
140+ C. The tenant has refused to allow access to the owner or 30
141+refused to vacate the property in order for the owner to perform the required work. 31
170142
171- [(6)] (7) Notwithstanding the provisions of paragraphs (1) through [(4)]
172-(6) of this subsection:
143+ (3) (I) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER 32
144+THIS SUBSECTION , THE LANDLORD OR THE LANDLORD’S DULY AUTHORIZED AG ENT 33
145+SHALL SUBMIT DOCUMEN TS TO THE DISTRICT COURT DEMONSTRATING PLEAD AND 34
146+DEMONSTRATE THAT THE RENTAL PROP ERTY IS: 35 4 HOUSE BILL 174
173147
174- (i) In an action to repossess nonresidential property under this
175-section, service of process on a tenant:
176148
177- 1. Shall be directed to the sheriff of the appropriate county
178-or municipality; and
179149
180- 2. On plaintiff’s request, may be directed to any person
181-authorized under the Maryland Rules to serve process; and
150+ 1. LICENSED WITH THE COU NTY LICENSED IN 1
151+COMPLIANCE WITH ALL , OR EXEMPT FROM , ANY APPLICABLE RENTAL PR OPERTY 2
152+LICENSING REQUIREMEN TS OF THE LOC AL JURISDICTION IN W HICH THE RENTAL 3
153+PROPERTY IS LOCATED ; AND 4
182154
183- (ii) In Wicomico County, in an action to repossess any premises
184-under this section, service of process on a tenant may be directed to any person authorized
185-under the Maryland Rules to serve process.
155+ 2. IN COMPLIANCE WITH AL L REGISTRATION 5
156+REQUIREMENTS UNDER TITLE 6, SUBTITLE 8, PART III OF THE ENVIRONMENT 6
157+ARTICLE. 7
186158
187- [(7)] (8) (i) Notwithstanding the provisions of paragraphs [(3)] (5)
188-through [(5)] (7) of this subsection, if the landlord certifies to the court in the written
189-complaint required under paragraph [(1)] (2) of this subsection that, to the best of the
190-landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District LAWRENCE J. HOGAN, JR., Governor Ch. 729
159+ (II) A PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT 8
160+TO SATISFY THE REQUIREMENTS UND ER SUBPARAGRAPH (I)1 OF THIS PARAGRAPH . 9
191161
192-– 5 –
193-Court shall issue its summons, directed to any constable or sheriff of the county entitled to
194-serve process, and ordering the constable or sheriff to notify the occupant of the premises
195-or the next of kin of the deceased tenant, if known, by personal service:
162+ [(3)] (4) For the purpose of the court’s determination under subsection (e) 10
163+of this section the landlord shall also specify the amount of rent due for each rental period 11
164+under the lease, the day that the rent is due for each rental period, and any late fees for 12
165+overdue rent payments. 13
196166
197- 1. To appear before the District Court at the trial to be held
198-on the fifth day after the filing of the complaint; and
167+ [(4)] (5) The District Court shall issue its summons, directed to any 14
168+constable or sheriff of the county entitled to serve process, and ordering the constable or 15
169+sheriff to notify the tenant, assignee, or subtenant by first–class mail: 16
199170
200- 2. To answer the landlord’s complaint to show cause why the
201-demand of the landlord should not be granted.
171+ (i) To appear before the District Court at the trial to be held on the 17
172+fifth day after the filing of the complaint; and 18
202173
203- (ii) 1. The constable or sheriff shall proceed to serve the
204-summons upon the occupant of the premises or the next of kin of the deceased tenant, if
205-known, as follows:
174+ (ii) To answer the landlord’s complaint to show cause why the 19
175+demand of the landlord should not be granted. 20
206176
207- A. If any of the persons whom the sheriff is directed to serve
208-are found on the property or at another known address, the sheriff shall serve any such
209-persons; or
177+ [(5)] (6) (i) The constable or sheriff shall proceed to serve the 21
178+summons upon the tenant, assignee, or subtenant or their known or authorized agent as 22
179+follows: 23
210180
211- B. If none of the persons whom the sheriff is directed to serve
212-are found on the property or at another known address, the constable or sheriff shall affix
213-an attested copy of the summons conspicuously upon the property.
181+ 1. If personal service is requested and any of the persons 24
182+whom the sheriff shall serve is found on the property, the sheriff shall serve any such 25
183+persons; or 26
214184
215- 2. The affixing of the summons upon the property shall
216-conclusively be presumed to be a sufficient service to all persons to support the entry of a
217-default judgment for possession of the premises, together with court costs, in favor of the
218-landlord, but it shall not be sufficient service to support a default judgment in favor of the
219-landlord for the amount of rent due.
185+ 2. If personal service is requested and none of the persons 27
186+whom the sheriff is directed to serve shall be found on the property and, in all cases where 28
187+personal service is not requested, the constable or sheriff shall affix an attested copy of the 29
188+summons conspicuously upon the property. 30
220189
221- (e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section,
222-the court is satisfied that the interests of justice will be better served by an adjournment to
223-enable either party to procure their necessary witnesses, the court may adjourn the trial
224-for a period not exceeding 1 day, except with the consent of all parties, the trial may be
225-adjourned for a longer period of time.
190+ (ii) The affixing of the summons upon the property after due 31
191+notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 32
192+presumed to be a sufficient service to all persons to support the entry of a default judgment 33
193+for possession of the premises, together with court costs, in favor of the landlord, but it shall 34 HOUSE BILL 174 5
226194
227- (2) (i) 1. [The information required under subsection (b)(1)(vi)
228-(B)(2)(VI) of this section may not be an issue of fact in a trial under this section.]
229195
230- 1. 2. DURING TRIAL, THE LANDLORD SHALL H AVE THE
231-BURDEN OF PROVING , BY A PREPONDERANCE O F THE EVIDENCE , THAT THE
232-REQUIREMENTS UNDER S UBSECTION (B)(3)(I)1 OF THIS SECTION HAVE BEEN MET
233-TO THE SATISFACTION OF THE COURT THAT TH E RENTAL PROPERTY IS LICENSED IN
234-COMPLIANCE WITH , OR EXEMPT FROM , ANY APPLICABLE RENTA L PROPERTY
235-LICENSING REQUIREMEN TS AS PROVIDED UNDER SUBSECTION (B)(3) OF THIS
236-SECTION.
237- Ch. 729 2022 LAWS OF MARYLAND
196+not be sufficient service to support a default judgment in favor of the landlord for the 1
197+amount of rent due. 2
238198
239-– 6 –
240- 2. 3. IF THE LANDLORD FAILS TO PROVIDE PROOF UND ER
241-SUBSUBPARAGRAPH 1 2 OF THIS SUBPARAGRAPH , THE COURT MAY NOT EN TER A
242-JUDGMENT IN FAVOR OF THE LANDLORD .
199+ [(6)] (7) Notwithstanding the provisions of paragraphs (1) through [(4)] 3
200+(6) of this subsection: 4
243201
244- 3. 4. THE LANDLORD MAY PRES ENT AN ELECTRONIC CO PY
245-OF THE LICENSE TO SA TISFY THE BURDEN OF PROOF UNDER SUBSUBPA RAGRAPH 1
246-2 OF THIS SUBPARAGRAPH .
202+ (i) In an action to repossess nonresidential property under this 5
203+section, service of process on a tenant: 6
247204
248- (ii) If, when the trial occurs, it appears to the satisfaction of the
249-court, that the rent, or any part of the rent and late fees are actually due and unpaid, the
250-court shall determine the amount of rent and late fees due as of the date the complaint was
251-filed less the amount of any utility bills, fees, or security deposits paid by a tenant under §
252-7–309 of the Public Utilities Article, if the trial occurs within the time specified by
253-subsection [(b)(3)] (B)(5) of this section.
205+ 1. Shall be directed to the sheriff of the appropriate county 7
206+or municipality; and 8
254207
255- (iii) 1. If the trial does not occur within the time specified in
256-subsection [(b)(3)(i)] (B)(5)(I) of this section and the tenant has not become current since
257-the filing of the complaint, the court, if the complaint so requests, shall enter a judgment
258-in favor of the landlord for possession of the premises and determine the rent and late fees
259-due as of the trial date.
208+ 2. On plaintiff’s request, may be directed to any person 9
209+authorized under the Maryland Rules to serve process; and 10
260210
261- 2. The determination of rent and late fees shall include the
262-following:
211+ (ii) In Wicomico County, in an action to repossess any premises 11
212+under this section, service of process on a tenant may be directed to any person authorized 12
213+under the Maryland Rules to serve process. 13
263214
264- A. Rent claimed in the complaint;
215+ [(7)] (8) (i) Notwithstanding the provisions of paragraphs [(3)] (5) 14
216+through [(5)] (7) of this subsection, if the landlord certifies to the court in the written 15
217+complaint required under paragraph [(1)] (2) of this subsection that, to the best of the 16
218+landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District 17
219+Court shall issue its summons, directed to any constable or sheriff of the county entitled to 18
220+serve process, and ordering the constable or sheriff to notify the occupant of the premises 19
221+or the next of kin of the deceased tenant, if known, by personal service: 20
265222
266- B. Rent accruing after the date of the filing of the complaint;
223+ 1. To appear before the District Court at the trial to be held 21
224+on the fifth day after the filing of the complaint; and 22
267225
268- C. Late fees accruing in or prior to the month in which the
269-complaint was filed; and
226+ 2. To answer the landlord’s complaint to show cause why the 23
227+demand of the landlord should not be granted. 24
270228
271- D. Credit for payments of rent and late fees and other fees,
272-utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities
273-Article after the complaint was filed.
229+ (ii) 1. The constable or sheriff shall proceed to serve the 25
230+summons upon the occupant of the premises or the next of kin of the deceased tenant, if 26
231+known, as follows: 27
274232
275- (iv) In the case of a residential tenancy, the court may also give
276-judgment in favor of the landlord for the amount of rent and late fees determined to be due
277-together with costs of the suit if the court finds that the residential tenant was personally
278-served with a summons.
233+ A. If any of the persons whom the sheriff is directed to serve 28
234+are found on the property or at another known address, the sheriff shall serve any such 29
235+persons; or 30
279236
280- (v) In the case of a nonresidential tenancy, if the court finds that
281-there was such service of process or submission to the jurisdiction of the court as would
282-support a judgment in contract or tort, the court may also give judgment in favor of the
283-landlord for:
284- LAWRENCE J. HOGAN, JR., Governor Ch. 729
237+ B. If none of the persons whom the sheriff is directed to serve 31
238+are found on the property or at another known address, the constable or sheriff shall affix 32
239+an attested copy of the summons conspicuously upon the property. 33
240+ 6 HOUSE BILL 174
285241
286-– 7 –
287- 1. The amount of rent and late fees determined to be due;
288242
289- 2. Costs of the suit; and
243+ 2. The affixing of the summons upon the property shall 1
244+conclusively be presumed to be a sufficient service to all persons to support the entry of a 2
245+default judgment for possession of the premises, together with court costs, in favor of the 3
246+landlord, but it shall not be sufficient service to support a default judgment in favor of the 4
247+landlord for the amount of rent due. 5
290248
291- 3. Reasonable attorney’s fees, if the lease agreement
292-authorizes the landlord to recover attorney’s fees.
249+ (e) (1) If, at the trial on the fifth day indicated in subsection (b) of this section, 6
250+the court is satisfied that the interests of justice will be better served by an adjournment to 7
251+enable either party to procure their necessary witnesses, the court may adjourn the trial 8
252+for a period not exceeding 1 day, except with the consent of all parties, the trial may be 9
253+adjourned for a longer period of time. 10
293254
294- (vi) A nonresidential tenant who was not personally served with a
295-summons shall not be subject to personal jurisdiction of the court if that tenant asserts that
296-the appearance is for the purpose of defending an in rem action prior to the time that
297-evidence is taken by the court.
255+ (2) (i) 1. [The information required under subsection (b)(1)(vi) 11
256+(B)(2)(VI) of this section may not be an issue of fact in a trial under this section.] 12
298257
299- (3) The court, when entering the judgment, shall also order that possession
300-of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days
301-after the trial.
258+ 1. 2. DURING TRIAL, THE LANDLORD SHALL H AVE THE 13
259+BURDEN OF PROVING , BY A PREPONDERANCE O F THE EVIDENCE , THAT THE 14
260+REQUIREMENTS UNDER S UBSECTION (B)(3)(I)1 OF THIS SECTION HAVE BEEN MET 15
261+TO THE SATISFACTION OF THE COURT THAT TH E RENTAL PROPERTY IS LICENSED IN 16
262+COMPLIANCE WITH , OR EXEMPT FROM , ANY APPLICABLE RENTA L PROPERTY 17
263+LICENSING REQUIREMEN TS AS PROVIDED UNDER SUBSECTION (B)(3) OF THIS 18
264+SECTION. 19
302265
303- (4) The court may, upon presentation of a certificate signed by a physician
304-certifying that surrender of the premises within this 4–day period would endanger the
305-health or life of the tenant or any other occupant of the premises, extend the time for
306-surrender of the premises as justice may require but not more than 15 days after the trial.
266+ 2. 3. IF THE LANDLORD FAILS TO PROVIDE PROOF UND ER 20
267+SUBSUBPARAGRAPH 1 2 OF THIS SUBPARAG RAPH, THE COURT MAY NOT EN TER A 21
268+JUDGMENT IN FAVOR OF THE LANDLORD . 22
307269
308- (5) However, if the tenant, or someone for the tenant, at the trial, or
309-adjournment of the trial, tenders to the landlord the rent and late fees determined by the
310-court to be due and unpaid, together with the costs of the suit, the complaint against the
311-tenant shall be entered as being satisfied.
270+ 3. 4. THE LANDLORD MAY PRES ENT AN ELECTRONIC CO PY 23
271+OF THE LICENSE TO SA TISFY THE BURDEN OF PROOF UNDER SUBSUBPA RAGRAPH 1 24
272+2 OF THIS SUBPARAGRAPH . 25
312273
313-Article 4 – Baltimore City
274+ (ii) If, when the trial occurs, it appears to the satisfaction of the 26
275+court, that the rent, or any part of the rent and late fees are actually due and unpaid, the 27
276+court shall determine the amount of rent and late fees due as of the date the complaint was 28
277+filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 29
278+7–309 of the Public Utilities Article, if the trial occurs within the time specified by 30
279+subsection [(b)(3)] (B)(5) of this section. 31
314280
315-9–3.
281+ (iii) 1. If the trial does not occur within the time specified in 32
282+subsection [(b)(3)(i)] (B)(5)(I) of this section and the tenant has not become current since 33
283+the filing of the complaint, the court, if the complaint so requests, shall enter a judgment 34
284+in favor of the landlord for possession of the premises and determine the rent and late fees 35
285+due as of the trial date. 36
286+ HOUSE BILL 174 7
316287
317- (A) Whenever any lessor shall desire to have again and repossess any premises to
318-which he is entitled under the provisions of the preceding section, he or his duly qualified
319-agent or attorney, shall make his written complaint under oath or affirmation, in the
320-District Court in Baltimore City, and describing therein in general terms the property
321-sought to be had again and repossessed as aforesaid, and also setting forth the name of the
322-tenant to whom the same is rented, or his assignee or under tenant or tenants, with the
323-amount of rent thereon due and unpaid; and praying by warrant to have again and
324-repossess the premises, together with judgment for the amount of rent due and costs; and
325-it shall thereupon be the duty of said District Court in Baltimore City forthwith to issue
326-summons directed to a Constable of said court, ordering him to notify said tenant, assignee
327-or under tenant forthwith to appear before the said District Court at trial to be held on the
328-fifth day after the filing of said complaint, except as hereinafter provided, to show cause
329-why the prayer of said lessor should not be granted as aforesaid, and the said Constable
330-shall forthwith proceed to serve said summons on or before the third day after the filing of
331-said complaint, upon said tenant, assignee or under tenant in said premises, or upon his or
332-their known or authorized agent, or said Constable shall affix an attested copy of said Ch. 729 2022 LAWS OF MARYLAND
333288
334-– 8 –
335-summons conspicuously upon said premises, and such affixing of said summons shall, for
336-the purposes of this subheading of this article, be deemed and construed a sufficient service
337-upon all persons whomsoever.
289+ 2. The determination of rent and late fees shall include the 1
290+following: 2
338291
339- (B) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER THIS SECTION ,
340-THE LESSOR OR THE LE SSOR’S DULY AUTHORIZED AG ENT SHALL SUBMIT
341-DOCUMENTS TO THE DISTRICT COURT IN BALTIMORE CITY DEMONSTRATING
342-PLEAD AND DEMONSTRAT E THAT THE RENTAL PROPERTY IS LICENSED IN
343-COMPLIANCE WITH , OR EXEMPT FROM , THE REQUIREMENTS OF ARTICLE 13, § 5–4
344-OF THE BALTIMORE CITY CODE AND TITLE 6, SUBTITLE 8, PART III OF THE
345-ENVIRONMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND. A
346-PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT TO SATISFY THE
347-REQUIREMENTS OF ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE.
292+ A. Rent claimed in the complaint; 3
348293
349-9–5.
294+ B. Rent accruing after the date of the filing of the complaint; 4
350295
351- (a) (1) If, at the trial aforesaid, the judge shall be satisfied the interest of
352-justice will be better served by an adjournment, he may adjourn the trial for a period not
353-exceeding seven days, except by consent of the parties, and if at said trial or due
354-adjournment, as aforesaid, it shall appear to the satisfaction of the judge before whom said
355-complaint has been tried as aforesaid, that the rent or any part of the rent for said premises
356-is actually due and unpaid, then the said judge shall give judgment in favor of said lessor
357-for the amount of rent found due, with costs of suit, and shall order that said tenant and
358-all persons claiming or holding by or under said tenant shall yield and render up possession
359-of said premises unto said lessor, or unto his duly qualified agent or attorney within 4 days
360-thereafter; provided, however, that upon presentation of certificate signed by a practicing
361-physician certifying that surrender of said premises within said period of 4 days would
362-endanger the health or life of any occupant thereof, said judge may, at the trial or
363-subsequent thereto, extend the time for such surrender of the premises upon such terms
364-and for such period or periods as he shall deem necessary and just. If the interval between
365-the filing of the landlord’s complaint and the trial of the cause shall be more than three
366-days, any order or judgment of said court with respect to the payment of rent shall include
367-all rent due and unpaid up to and including the day of trial; and the proceedings amended
368-to set forth the basis of said judgment or order.
296+ C. Late fees accruing in or prior to the month in which the 5
297+complaint was filed; and 6
369298
370- (2) DURING TRIAL, THE LANDLORD SHALL H AVE THE BURDEN OF
371-PROVING, BY A PREPONDERANCE O F THE EVIDENCE, TO THE SATISFACTION OF THE
372-COURT THAT THE PROPERTY IS LICENSED IN COMPLIANCE WITH , OR EXEMPT FROM ,
373-ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE. THE LESSOR MAY PRESEN T AN
374-ELECTRONIC COPY OF T HE LICENSE AS PROOF OF COMPLIANCE WITH ARTICLE 13,
375-§ 5–4 OF THE BALTIMORE CITY CODE. IF THE LESSOR FAILS TO PROVIDE PROOF
376-THAT THE PROPERTY IS IN COMPLIANCE WITH ARTICLE 13, § 5–4 OF THE
377-BALTIMORE CITY CODE, A JUDGE MAY NOT ENTE R A JUDGMENT IN FAVO R OF THE
378-LESSOR. LAWRENCE J. HOGAN, JR., Governor Ch. 729
299+ D. Credit for payments of rent and late fees and other fees, 7
300+utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 8
301+Article after the complaint was filed. 9
379302
380-– 9 –
303+ (iv) In the case of a residential tenancy, the court may also give 10
304+judgment in favor of the landlord for the amount of rent and late fees determined to be due 11
305+together with costs of the suit if the court finds that the residential tenant was personally 12
306+served with a summons. 13
381307
382- (b) (1) In any action of summary ejectment for failure to pay rent where the
383-landlord is awarded a judgment giving him restitution of the leased premises, the tenant
384-has the right to redemption of the leased premises by tendering in cash, certified check or
385-money order to the landlord or his agent all past due rent and late fees, plus all court
386-awarded costs and fees, at any time before actual execution of the eviction order.
308+ (v) In the case of a nonresidential tenancy, if the court finds that 14
309+there was such service of process or submission to the jurisdiction of the court as would 15
310+support a judgment in contract or tort, the court may also give judgment in favor of the 16
311+landlord for: 17
387312
388- (2) The right of redemption is not available to a tenant if the landlord
389-alleges and shows that more than three judgments of restitution were issued against the
390-tenant in the 12 months preceding the filing of the landlord’s complaint.
313+ 1. The amount of rent and late fees determined to be due; 18
391314
392- (3) Nothing in this section shall preclude a tenant in any summary
393-ejectment action from raising any defense available under the Public Local Laws of
394-Baltimore City. If a tenant prevails on any of these defenses, the judgment, whether or not
395-it includes a judgment of restitution against the tenant, shall not be considered a judgment
396-of restitution for purposes of paragraph (2) of this subsection.
315+ 2. Costs of the suit; and 19
397316
398- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
399-January October 1, 2023.
317+ 3. Reasonable attorney’s fees, if the lease agreement 20
318+authorizes the landlord to recover attorney’s fees. 21
400319
401-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
320+ (vi) A nonresidential tenant who was not personally served with a 22
321+summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 23
322+the appearance is for the purpose of defending an in rem action prior to the time that 24
323+evidence is taken by the court. 25
324+
325+ (3) The court, when entering the judgment, shall also order that possession 26
326+of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 27
327+after the trial. 28
328+
329+ (4) The court may, upon presentation of a certificate signed by a physician 29
330+certifying that surrender of the premises within this 4–day period would endanger the 30
331+health or life of the tenant or any other occupant of the premises, extend the time for 31
332+surrender of the premises as justice may require but not more than 15 days after the trial. 32
333+
334+ (5) However, if the tenant, or someone for the tenant, at the trial, or 33
335+adjournment of the trial, tenders to the landlord the rent and late fees determined by the 34 8 HOUSE BILL 174
336+
337+
338+court to be due and unpaid, together with the costs of the suit, the complaint against the 1
339+tenant shall be entered as being satisfied. 2
340+
341+Article 4 – Baltimore City 3
342+
343+9–3. 4
344+
345+ (A) Whenever any lessor shall desire to have again and repossess any premises to 5
346+which he is entitled under the provisions of the preceding section, he or his duly qualified 6
347+agent or attorney, shall make his written complaint under oath or affirmation, in the 7
348+District Court in Baltimore City, and describing therein in general terms the property 8
349+sought to be had again and repossessed as aforesaid, and also setting forth the name of the 9
350+tenant to whom the same is rented, or his assignee or under tenant or tenants, with the 10
351+amount of rent thereon due and unpaid; and praying by warrant to have again an d 11
352+repossess the premises, together with judgment for the amount of rent due and costs; and 12
353+it shall thereupon be the duty of said District Court in Baltimore City forthwith to issue 13
354+summons directed to a Constable of said court, ordering him to notify said tenant, assignee 14
355+or under tenant forthwith to appear before the said District Court at trial to be held on the 15
356+fifth day after the filing of said complaint, except as hereinafter provided, to show cause 16
357+why the prayer of said lessor should not be granted as aforesaid, and the said Constable 17
358+shall forthwith proceed to serve said summons on or before the third day after the filing of 18
359+said complaint, upon said tenant, assignee or under tenant in said premises, or upon his or 19
360+their known or authorized agent, or said Constable shall affix an attested copy of said 20
361+summons conspicuously upon said premises, and such affixing of said summons shall, for 21
362+the purposes of this subheading of this article, be deemed and construed a sufficient service 22
363+upon all persons whomsoever. 23
364+
365+ (B) AT THE TIME OF FILING A WRITTEN COMPLAINT UNDER THIS SECTION , 24
366+THE LESSOR OR THE LE SSOR’S DULY AUTHORIZED AG ENT SHALL SUBMIT 25
367+DOCUMENTS TO THE DISTRICT COURT IN BALTIMORE CITY DEMONSTRATING 26
368+PLEAD AND DEMONSTRAT E THAT THE RENTAL PROPERTY IS LICENSED IN 27
369+COMPLIANCE WITH , OR EXEMPT FROM , THE REQUIREMENTS OF ARTICLE 13, § 5–4 28
370+OF THE BALTIMORE CITY CODE AND TITLE 6, SUBTITLE 8, PART III OF THE 29
371+ENVIRONMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND. A 30
372+PROVISIONAL OR TEMPO RARY LICENSE IS INSU FFICIENT TO SATISFY THE 31
373+REQUIREMENTS OF ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE. 32
374+
375+9–5. 33
376+
377+ (a) (1) If, at the trial aforesaid, the judge shall be satisfied the interest of 34
378+justice will be better served by an adjournment, he may adjourn the trial for a period not 35
379+exceeding seven days, except by consent of the parties, and if at said trial or due 36
380+adjournment, as aforesaid, it shall appear to the satisfaction of the judge before whom said 37
381+complaint has been tried as aforesaid, that the rent or any part of the rent for said premises 38
382+is actually due and unpaid, then the said judge shall give judgment in favor of said lessor 39
383+for the amount of rent found due, with costs of suit, and shall order that said tenant and 40 HOUSE BILL 174 9
384+
385+
386+all persons claiming or holding by or under said tenant shall yield and render up possession 1
387+of said premises unto said lessor, or unto his duly qualified agent or attorney within 4 days 2
388+thereafter; provided, however, that upon presentation of certificate signed by a practicing 3
389+physician certifying that surrender of said premises within said period of 4 days would 4
390+endanger the health or life of any occupant thereof, said judge may, at the trial or 5
391+subsequent thereto, extend the time for such surrender of the premises upon such terms 6
392+and for such period or periods as he shall deem necessary and just. If the interval between 7
393+the filing of the landlord’s complaint and the trial of the cause shall be more than three 8
394+days, any order or judgment of said court with respect to the payment of rent shall include 9
395+all rent due and unpaid up to and including the day of trial; and the proceedings amended 10
396+to set forth the basis of said judgment or order. 11
397+
398+ (2) DURING TRIAL, THE LANDLORD SHALL H AVE THE BURDEN OF 12
399+PROVING, BY A PREPONDERANCE O F THE EVIDENCE , TO THE SATISFACTION OF THE 13
400+COURT THAT THE PROPERTY IS LICENSED IN COMPLIANCE WITH , OR EXEMPT FROM , 14
401+ARTICLE 13, § 5–4 OF THE BALTIMORE CITY CODE. THE LESSOR MAY PRESEN T AN 15
402+ELECTRONIC COPY OF T HE LICENSE AS PROOF OF COMPLIANCE WITH ARTICLE 13, 16
403+§ 5–4 OF THE BALTIMORE CITY CODE. IF THE LESSOR FAILS TO PROVIDE PROOF 17
404+THAT THE PROPERTY IS IN COMPLIANCE WITH ARTICLE 13, § 5–4 OF THE 18
405+BALTIMORE CITY CODE, A JUDGE MAY NOT ENTE R A JUDGMENT IN FAVO R OF THE 19
406+LESSOR. 20
407+
408+ (b) (1) In any action of summary ejectment for failure to pay rent where the 21
409+landlord is awarded a judgment giving him restitution of the leased premises, the tenant 22
410+has the right to redemption of the leased premises by tendering in cash, certified check or 23
411+money order to the landlord or his agent all past due rent and late fees, plus all court 24
412+awarded costs and fees, at any time before actual execution of the eviction order. 25
413+
414+ (2) The right of redemption is not available to a tenant if the landlord 26
415+alleges and shows that more than three judgments of restitution were issued against the 27
416+tenant in the 12 months preceding the filing of the landlord’s complaint. 28
417+
418+ (3) Nothing in this section shall preclude a tenant in any summary 29
419+ejectment action from raising any defense available under the Public Local Laws of 30
420+Baltimore City. If a tenant prevails on any of these defenses, the judgment, whether or not 31
421+it includes a judgment of restitution against the tenant, shall not be considered a judgment 32
422+of restitution for purposes of paragraph (2) of this subsection. 33
423+
424+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
425+January October 1, 2023. 35
426+