| 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 | - | 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 | 5 | *sb0384* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 384 | |
| 11 | 8 | N1 EMERGENCY BILL 2lr1656 | |
| 12 | - | CF | |
| 9 | + | CF 2lr1657 | |
| 13 | 10 | By: Senator Hettleman | |
| 14 | 11 | Introduced and read first time: January 24, 2022 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Committee amendments withdrawn, March 6, 2022 | |
| 18 | - | Senate action: Adopted with substitute committee amendments, March 6, 2022 | |
| 19 | - | Read second time: March 6, 2022 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Landlord and Tenant – Stay of Eviction Proceeding for Rental Assistance 2 | |
| 26 | 19 | Determination 3 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of providing for the stay of certain eviction proceedings when a tenant is 4 | |
| 29 | 22 | waiting for a determination on an application for rental assistance; prohibiting a 5 | |
| 30 | 23 | landlord from obtaining certain relief under certain circumstances; and generally 6 | |
| 31 | 24 | relating to eviction proceedings. 7 | |
| 32 | 25 | ||
| 33 | 26 | BY repealing and reenacting, with amendments, 8 | |
| 34 | 27 | Article – Real Property 9 | |
| 35 | 28 | Section 8–401 10 | |
| 36 | 29 | Annotated Code of Maryland 11 | |
| 37 | 30 | (2015 Replacement Volume and 2021 Supplement) 12 | |
| 38 | 31 | ||
| 39 | 32 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 40 | 33 | That the Laws of Maryland read as follows: 14 | |
| 41 | 34 | ||
| 42 | 35 | Article – Real Property 15 | |
| 43 | 36 | ||
| 44 | 37 | 8–401. 16 | |
| 45 | 38 | ||
| 46 | 39 | (a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 17 | |
| 47 | 40 | shall be lawful for the landlord to have again and repossess the premises in accordance 18 | |
| 48 | - | with this section. 19 2 SENATE BILL 384 | |
| 41 | + | with this section. 19 | |
| 42 | + | ||
| 43 | + | (b) (1) Whenever any landlord shall desire to repossess any premises to which 20 | |
| 44 | + | the landlord is entitled under the provisions of subsection (a) of this section, the landlord 21 | |
| 45 | + | or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 22 | |
| 46 | + | completed the procedures required under subsection (c) of this section. 23 | |
| 47 | + | ||
| 48 | + | (2) After completing the procedures required under subsection (c) of this 24 2 SENATE BILL 384 | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s 1 | |
| 52 | + | written complaint under oath or affirmation, in the District Court of the county wherein 2 | |
| 53 | + | the property is situated: 3 | |
| 54 | + | ||
| 55 | + | (i) Describing in general terms the property sought to be 4 | |
| 56 | + | repossessed; 5 | |
| 57 | + | ||
| 58 | + | (ii) Setting forth the name of each tenant to whom the property is 6 | |
| 59 | + | rented or any assignee or subtenant; 7 | |
| 60 | + | ||
| 61 | + | (iii) Stating the amount of rent and any late fees due and unpaid, less 8 | |
| 62 | + | the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 9 | |
| 63 | + | the Public Utilities Article; 10 | |
| 64 | + | ||
| 65 | + | (iv) Requesting to repossess the premises and, if requested by the 11 | |
| 66 | + | landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 12 | |
| 67 | + | of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 13 | |
| 68 | + | Utilities Article; 14 | |
| 69 | + | ||
| 70 | + | (v) If applicable, stating that, to the best of the landlord’s knowledge, 15 | |
| 71 | + | the tenant is deceased, intestate, and without next of kin; and 16 | |
| 72 | + | ||
| 73 | + | (vi) If the property to be repossessed is an affected property as 17 | |
| 74 | + | defined in § 6–801 of the Environment Article, stating that the landlord has registered the 18 | |
| 75 | + | affected property as required under § 6–811 of the Environment Article and renewed the 19 | |
| 76 | + | registration as required under § 6–812 of the Environment Article and: 20 | |
| 77 | + | ||
| 78 | + | 1. A. If the current tenant moved into the property on or 21 | |
| 79 | + | after February 24, 1996, stating the inspection certificate number for the inspection 22 | |
| 80 | + | conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 23 | |
| 81 | + | or 24 | |
| 82 | + | ||
| 83 | + | B. On or after February 24, 2006, stating the inspection 25 | |
| 84 | + | certificate number for the inspection conducted for the current tenancy as required under 26 | |
| 85 | + | § 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 27 | |
| 86 | + | ||
| 87 | + | 2. Stating that the owner is unable to provide an inspection 28 | |
| 88 | + | certificate number because: 29 | |
| 89 | + | ||
| 90 | + | A. The owner has requested that the tenant allow the owner 30 | |
| 91 | + | access to the property to perform the work required under Title 6, Subtitle 8 of the 31 | |
| 92 | + | Environment Article; 32 | |
| 93 | + | ||
| 94 | + | B. The owner has offered to relocate the tenant in order to 33 | |
| 95 | + | allow the owner to perform work if the work will disturb the paint on the interior surfaces 34 | |
| 96 | + | of the property and to pay the reasonable expenses the tenant would incur directly related 35 | |
| 97 | + | to the relocation; and 36 SENATE BILL 384 3 | |
| 49 | 98 | ||
| 50 | 99 | ||
| 51 | 100 | ||
| 52 | - | (b) (1) Whenever any landlord shall desire to repossess any premises to which 1 | |
| 53 | - | the landlord is entitled under the provisions of subsection (a) of this section, the landlord 2 | |
| 54 | - | or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 3 | |
| 55 | - | completed the procedures required under subsection (c) of this section. 4 | |
| 101 | + | C. The tenant has refused to allow access to the owner or 1 | |
| 102 | + | refused to vacate the property in order for the owner to perform the required work. 2 | |
| 56 | 103 | ||
| 57 | - | ( | |
| 58 | - | section | |
| 59 | - | ||
| 60 | - | ||
| 104 | + | (3) For the purpose of the court’s determination under subsection [(e)] (F) 3 | |
| 105 | + | of this section the landlord shall also specify the amount of rent due for each rental period 4 | |
| 106 | + | under the lease, the day that the rent is due for each rental period, and any late fees for 5 | |
| 107 | + | overdue rent payments. 6 | |
| 61 | 108 | ||
| 62 | - | (i) Describing in general terms the property sought to be 9 | |
| 63 | - | repossessed; 10 | |
| 109 | + | (4) The District Court shall issue its summons, directed to any constable or 7 | |
| 110 | + | sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify 8 | |
| 111 | + | the tenant, assignee, or subtenant by first–class mail: 9 | |
| 64 | 112 | ||
| 65 | - | ( | |
| 66 | - | ||
| 113 | + | (i) To appear before the District Court at the trial to be held on the 10 | |
| 114 | + | fifth day after the filing of the complaint; and 11 | |
| 67 | 115 | ||
| 68 | - | (iii) Stating the amount of rent and any late fees due and unpaid, less 13 | |
| 69 | - | the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of 14 | |
| 70 | - | the Public Utilities Article; 15 | |
| 116 | + | (ii) To answer the landlord’s complaint to show cause why the 12 | |
| 117 | + | demand of the landlord should not be granted. 13 | |
| 71 | 118 | ||
| 72 | - | (iv) Requesting to repossess the premises and, if requested by the 16 | |
| 73 | - | landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 17 | |
| 74 | - | of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public 18 | |
| 75 | - | Utilities Article; 19 | |
| 119 | + | (5) (i) The constable or sheriff shall proceed to serve the summons upon 14 | |
| 120 | + | the tenant, assignee, or subtenant or their known or authorized agent as follows: 15 | |
| 76 | 121 | ||
| 77 | - | (v) If applicable, stating that, to the best of the landlord’s knowledge, 20 | |
| 78 | - | the tenant is deceased, intestate, and without next of kin; and 21 | |
| 122 | + | 1. If personal service is requested and any of the persons 16 | |
| 123 | + | whom the sheriff shall serve is found on the property, the sheriff shall serve any such 17 | |
| 124 | + | persons; or 18 | |
| 79 | 125 | ||
| 80 | - | | |
| 81 | - | ||
| 82 | - | ||
| 83 | - | ||
| 126 | + | 2. If personal service is requested and none of the persons 19 | |
| 127 | + | whom the sheriff is directed to serve shall be found on the property and, in all cases where 20 | |
| 128 | + | personal service is not requested, the constable or sheriff shall affix an attested copy of the 21 | |
| 129 | + | summons conspicuously upon the property. 22 | |
| 84 | 130 | ||
| 85 | - | 1. A. If the current tenant moved into the property on or 26 | |
| 86 | - | after February 24, 1996, stating the inspection certificate number for the inspection 27 | |
| 87 | - | conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 28 | |
| 88 | - | or 29 | |
| 131 | + | (ii) The affixing of the summons upon the property after due 23 | |
| 132 | + | notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 24 | |
| 133 | + | presumed to be a sufficient service to all persons to support the entry of a default judgment 25 | |
| 134 | + | for possession of the premises, together with court costs, in favor of the landlord, but it shall 26 | |
| 135 | + | not be sufficient service to support a default judgment in favor of the landlord for the 27 | |
| 136 | + | amount of rent due. 28 | |
| 89 | 137 | ||
| 90 | - | B. On or after February 24, 2006, stating the inspection 30 | |
| 91 | - | certificate number for the inspection conducted for the current tenancy as required under 31 | |
| 92 | - | § 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 32 | |
| 138 | + | (6) Notwithstanding the provisions of paragraphs (1) through (4) of this 29 | |
| 139 | + | subsection: 30 | |
| 93 | 140 | ||
| 94 | - | 2. Stating that the owner is unable to provide an inspection 33 | |
| 95 | - | certificate number because: 34 | |
| 96 | - | SENATE BILL 384 3 | |
| 141 | + | (i) In an action to repossess nonresidential property under this 31 | |
| 142 | + | section, service of process on a tenant: 32 | |
| 97 | 143 | ||
| 98 | - | ||
| 99 | - | A. The owner has requested that the tenant allow the owner 1 | |
| 100 | - | access to the property to perform the work required under Title 6, Subtitle 8 of the 2 | |
| 101 | - | Environment Article; 3 | |
| 102 | - | ||
| 103 | - | B. The owner has offered to relocate the tenant in order to 4 | |
| 104 | - | allow the owner to perform work if the work will disturb the paint on the interior surfaces 5 | |
| 105 | - | of the property and to pay the reasonable expenses the tenant would incur directly related 6 | |
| 106 | - | to the relocation; and 7 | |
| 107 | - | ||
| 108 | - | C. The tenant has refused to allow access to the owner or 8 | |
| 109 | - | refused to vacate the property in order for the owner to perform the required work. 9 | |
| 110 | - | ||
| 111 | - | (3) For the purpose of the court’s determination under subsection [(e)] (F) 10 | |
| 112 | - | of this section the landlord shall also specify the amount of rent due for each rental period 11 | |
| 113 | - | under the lease, the day that the rent is due for each rental period, and any late fees for 12 | |
| 114 | - | overdue rent payments. 13 | |
| 115 | - | ||
| 116 | - | (4) The District Court shall issue its summons, directed to any constable or 14 | |
| 117 | - | sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify 15 | |
| 118 | - | the tenant, assignee, or subtenant by first–class mail: 16 | |
| 119 | - | ||
| 120 | - | (i) To appear before the District Court at the trial to be held on the 17 | |
| 121 | - | fifth day after the filing of the complaint; and 18 | |
| 122 | - | ||
| 123 | - | (ii) To answer the landlord’s complaint to show cause why the 19 | |
| 124 | - | demand of the landlord should not be granted. 20 | |
| 125 | - | ||
| 126 | - | (5) (i) The constable or sheriff shall proceed to serve the summons upon 21 | |
| 127 | - | the tenant, assignee, or subtenant or their known or authorized agent as follows: 22 | |
| 128 | - | ||
| 129 | - | 1. If personal service is requested and any of the persons 23 | |
| 130 | - | whom the sheriff shall serve is found on the property, the sheriff shall serve any such 24 | |
| 131 | - | persons; or 25 | |
| 132 | - | ||
| 133 | - | 2. If personal service is requested and none of the persons 26 | |
| 134 | - | whom the sheriff is directed to serve shall be found on the property and, in all cases where 27 | |
| 135 | - | personal service is not requested, the constable or sheriff shall affix an attested copy of the 28 | |
| 136 | - | summons conspicuously upon the property. 29 | |
| 137 | - | ||
| 138 | - | (ii) The affixing of the summons upon the property after due 30 | |
| 139 | - | notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be 31 | |
| 140 | - | presumed to be a sufficient service to all persons to support the entry of a default judgment 32 | |
| 141 | - | for possession of the premises, together with court costs, in favor of the landlord, but it shall 33 | |
| 142 | - | not be sufficient service to support a default judgment in favor of the landlord for the 34 | |
| 143 | - | amount of rent due. 35 | |
| 144 | + | 1. Shall be directed to the sheriff of the appropriate county 33 | |
| 145 | + | or municipality; and 34 | |
| 144 | 146 | 4 SENATE BILL 384 | |
| 145 | 147 | ||
| 146 | 148 | ||
| 147 | - | | |
| 148 | - | ||
| 149 | + | 2. On plaintiff’s request, may be directed to any person 1 | |
| 150 | + | authorized under the Maryland Rules to serve process; and 2 | |
| 149 | 151 | ||
| 150 | - | (i) In an action to repossess nonresidential property under this 3 | |
| 151 | - | section, service of process on a tenant: 4 | |
| 152 | + | (ii) In Wicomico County, in an action to repossess any premises 3 | |
| 153 | + | under this section, service of process on a tenant may be directed to any person authorized 4 | |
| 154 | + | under the Maryland Rules to serve process. 5 | |
| 152 | 155 | ||
| 153 | - | 1. Shall be directed to the sheriff of the appropriate county 5 | |
| 154 | - | or municipality; and 6 | |
| 156 | + | (7) (i) Notwithstanding the provisions of paragraphs (3) through (5) of 6 | |
| 157 | + | this subsection, if the landlord certifies to the court in the written complaint required under 7 | |
| 158 | + | paragraph (1) of this subsection that, to the best of the landlord’s knowledge, the tenant is 8 | |
| 159 | + | deceased, intestate, and without next of kin, the District Court shall issue its summons, 9 | |
| 160 | + | directed to any constable or sheriff of the county entitled to serve process, and ordering the 10 | |
| 161 | + | constable or sheriff to notify the occupant of the premises or the next of kin of the deceased 11 | |
| 162 | + | tenant, if known, by personal service: 12 | |
| 155 | 163 | ||
| 156 | - | | |
| 157 | - | ||
| 164 | + | 1. To appear before the District Court at the trial to be held 13 | |
| 165 | + | on the fifth day after the filing of the complaint; and 14 | |
| 158 | 166 | ||
| 159 | - | (ii) In Wicomico County, in an action to repossess any premises 9 | |
| 160 | - | under this section, service of process on a tenant may be directed to any person authorized 10 | |
| 161 | - | under the Maryland Rules to serve process. 11 | |
| 167 | + | 2. To answer the landlord’s complaint to show cause why the 15 | |
| 168 | + | demand of the landlord should not be granted. 16 | |
| 162 | 169 | ||
| 163 | - | (7) (i) Notwithstanding the provisions of paragraphs (3) through (5) of 12 | |
| 164 | - | this subsection, if the landlord certifies to the court in the written complaint required under 13 | |
| 165 | - | paragraph (1) of this subsection that, to the best of the landlord’s knowledge, the tenant is 14 | |
| 166 | - | deceased, intestate, and without next of kin, the District Court shall issue its summons, 15 | |
| 167 | - | directed to any constable or sheriff of the county entitled to serve process, and ordering the 16 | |
| 168 | - | constable or sheriff to notify the occupant of the premises or the next of kin of the deceased 17 | |
| 169 | - | tenant, if known, by personal service: 18 | |
| 170 | + | (ii) 1. The constable or sheriff shall proceed to serve the 17 | |
| 171 | + | summons upon the occupant of the premises or the next of kin of the deceased tenant, if 18 | |
| 172 | + | known, as follows: 19 | |
| 170 | 173 | ||
| 171 | - | 1. To appear before the District Court at the trial to be held 19 | |
| 172 | - | on the fifth day after the filing of the complaint; and 20 | |
| 174 | + | A. If any of the persons whom the sheriff is directed to serve 20 | |
| 175 | + | are found on the property or at another known address, the sheriff shall serve any such 21 | |
| 176 | + | persons; or 22 | |
| 173 | 177 | ||
| 174 | - | 2. To answer the landlord’s complaint to show cause why the 21 | |
| 175 | - | demand of the landlord should not be granted. 22 | |
| 178 | + | B. If none of the persons whom the sheriff is directed to serve 23 | |
| 179 | + | are found on the property or at another known address, the constable or sheriff shall affix 24 | |
| 180 | + | an attested copy of the summons conspicuously upon the property. 25 | |
| 176 | 181 | ||
| 177 | - | (ii) 1. The constable or sheriff shall proceed to serve the 23 | |
| 178 | - | summons upon the occupant of the premises or the next of kin of the deceased tenant, if 24 | |
| 179 | - | known, as follows: 25 | |
| 182 | + | 2. The affixing of the summons upon the property shall 26 | |
| 183 | + | conclusively be presumed to be a sufficient service to all persons to support the entry of a 27 | |
| 184 | + | default judgment for possession of the premises, together with court costs, in favor of the 28 | |
| 185 | + | landlord, but it shall not be sufficient service to support a default judgment in favor of the 29 | |
| 186 | + | landlord for the amount of rent due. 30 | |
| 180 | 187 | ||
| 181 | - | A. If any of the persons whom the sheriff is directed to serve 26 | |
| 182 | - | are found on the property or at another known address, the sheriff shall serve any such 27 | |
| 183 | - | persons; or 28 | |
| 188 | + | (c) (1) Before a landlord may file a complaint under this section, the landlord 31 | |
| 189 | + | shall provide to the tenant a written notice of the landlord’s intent to file a claim in the 32 | |
| 190 | + | District Court against the tenant to recover possession of the residential premises if the 33 | |
| 191 | + | tenant does not cure within 10 days after the written notice is provided to the tenant. 34 | |
| 184 | 192 | ||
| 185 | - | | |
| 186 | - | ||
| 187 | - | ||
| 193 | + | (2) The written notice required under paragraph (1) of this subsection shall 35 | |
| 194 | + | be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 36 | |
| 195 | + | SENATE BILL 384 5 | |
| 188 | 196 | ||
| 189 | - | 2. The affixing of the summons upon the property shall 32 | |
| 190 | - | conclusively be presumed to be a sufficient service to all persons to support the entry of a 33 | |
| 191 | - | default judgment for possession of the premises, together with court costs, in favor of the 34 | |
| 192 | - | landlord, but it shall not be sufficient service to support a default judgment in favor of the 35 | |
| 193 | - | landlord for the amount of rent due. 36 SENATE BILL 384 5 | |
| 197 | + | ||
| 198 | + | (i) Sent by first–class mail, certificate of mailing; 1 | |
| 199 | + | ||
| 200 | + | (ii) Affixed to the door of the premises; or 2 | |
| 201 | + | ||
| 202 | + | (iii) If elected by the tenant, sent by electronic delivery in at least one 3 | |
| 203 | + | of the following forms: 4 | |
| 204 | + | ||
| 205 | + | 1. An e–mail message; 5 | |
| 206 | + | ||
| 207 | + | 2. A text message; or 6 | |
| 208 | + | ||
| 209 | + | 3. Through an electronic tenant portal. 7 | |
| 210 | + | ||
| 211 | + | (3) (i) A complaint for repossession filed in accordance with this section 8 | |
| 212 | + | shall include a statement that states and affirms the date on which the landlord provided 9 | |
| 213 | + | the notice required under paragraph (1) of this subsection. 10 | |
| 214 | + | ||
| 215 | + | (ii) A tenant may challenge assertions made by a landlord under this 11 | |
| 216 | + | paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 12 | |
| 217 | + | cause. 13 | |
| 218 | + | ||
| 219 | + | (d) (1) NOTWITHSTANDING ANY O THER LAW, IF A TENANT PRESENTS 14 | |
| 220 | + | EVIDENCE SATISFACTOR Y TO THE COURT THAT TH E TENANT IS CURRENTLY 15 | |
| 221 | + | WAITING FOR A DETERMINATION REGA RDING THE TENANT ’S GOOD FAITH 16 | |
| 222 | + | APPLICATION FOR RENT AL ASSISTANCE FROM AN AGENCY THAT DISTR IBUTES 17 | |
| 223 | + | FUNDS FOR RENTAL ASS ISTANCE, THE COURT SHALL: 18 | |
| 224 | + | ||
| 225 | + | (I) IF JUDGMENT HAS NOT B EEN ENTERED , STAY THE 19 | |
| 226 | + | PROCEEDING UNTIL RESOLUTION OF THE TENANT’S APPLICATION AND 20 | |
| 227 | + | DISBURSEMENT OF ANY FUNDS AWARDED; OR 21 | |
| 228 | + | ||
| 229 | + | (II) IF JUDGMENT HAS BEEN ENTERED IN FAVOR OF THE 22 | |
| 230 | + | LANDLORD, STAY THE EXECUTION O F ANY WARRANT OF RES TITUTION OR ORDER 23 | |
| 231 | + | REQUIRING THE TENANT TO SURRENDER THE PRE MISES UNTIL RESOLUTION OF THE 24 | |
| 232 | + | TENANT’S APPLICATION AND DISB URSEMENT OF ANY FUND S AWARDED. 25 | |
| 233 | + | ||
| 234 | + | (2) IF THE LANDLORD REFUS ES TO ACCEPT RENTAL ASSISTANCE 26 | |
| 235 | + | FROM AN AGENCY THAT DISTRIBUTES FUNDS FO R RENTAL ASSISTANCE , THE 27 | |
| 236 | + | LANDLORD MAY NOT: 28 | |
| 237 | + | ||
| 238 | + | (I) OBTAIN RELIEF UNDER THIS SECTION ; OR 29 | |
| 239 | + | ||
| 240 | + | (II) INITIATE ANY OTHER JUDICIAL A CTION AGAINST THE 30 | |
| 241 | + | TENANT TO COLLECT TH E RENT SOUGHT IN THE COMPLAINT. 31 | |
| 242 | + | 6 SENATE BILL 384 | |
| 243 | + | ||
| 244 | + | ||
| 245 | + | (E) (1) This subsection applies only to an action for the repossession of 1 | |
| 246 | + | residential property for failure to pay rent due during a government shutdown. 2 | |
| 247 | + | ||
| 248 | + | (2) Notwithstanding any other law, the court shall stay the proceeding if 3 | |
| 249 | + | the tenant or an occupant of the property that is the subject of the proceeding presents 4 | |
| 250 | + | evidence satisfactory to the court that the occupant: 5 | |
| 251 | + | ||
| 252 | + | (i) Uses the property as the individual’s primary residence; 6 | |
| 253 | + | ||
| 254 | + | (ii) Is an employee of the federal or State government or an employee 7 | |
| 255 | + | of a local government in the State; and 8 | |
| 256 | + | ||
| 257 | + | (iii) Is involuntarily furloughed from work without pay because of a 9 | |
| 258 | + | government shutdown, regardless of whether the employee is required to report to work 10 | |
| 259 | + | during the furlough. 11 | |
| 260 | + | ||
| 261 | + | (3) (i) Subject to subparagraph (ii) of this paragraph, a stay under this 12 | |
| 262 | + | subsection shall be granted for a time that the court considers reasonable. 13 | |
| 263 | + | ||
| 264 | + | (ii) A stay under this subsection may not be granted for a period that 14 | |
| 265 | + | ends more than 30 days after the end of the government shutdown without a showing of 15 | |
| 266 | + | sufficient cause by a party to the action. 16 | |
| 267 | + | ||
| 268 | + | [(e)] (F) (1) If, at the trial on the fifth day indicated in subsection (b) of this 17 | |
| 269 | + | section, the court is satisfied that the interests of justice will be better served by an 18 | |
| 270 | + | adjournment to enable either party to procure their necessary witnesses, the court may 19 | |
| 271 | + | adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the 20 | |
| 272 | + | trial may be adjourned for a longer period of time. 21 | |
| 273 | + | ||
| 274 | + | (2) (i) The information required under subsection (b)(1)(vi) of this 22 | |
| 275 | + | section may not be an issue of fact in a trial under this section. 23 | |
| 276 | + | ||
| 277 | + | (ii) If, when the trial occurs, it appears to the satisfaction of the 24 | |
| 278 | + | court, that the rent, or any part of the rent and late fees are actually due and unpaid, the 25 | |
| 279 | + | court shall determine the amount of rent and late fees due as of the date the complaint was 26 | |
| 280 | + | filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 27 | |
| 281 | + | 7–309 of the Public Utilities Article, if the trial occurs within the time specified by 28 | |
| 282 | + | subsection (b)(3) of this section. 29 | |
| 283 | + | ||
| 284 | + | (iii) 1. If the trial does not occur within the time specified in 30 | |
| 285 | + | subsection (b)(3)(i) of this section and the tenant has not become current since the filing of 31 | |
| 286 | + | the complaint, the court, if the complaint so requests, shall enter a judgment in favor of the 32 | |
| 287 | + | landlord for possession of the premises and determine the rent and late fees due as of the 33 | |
| 288 | + | trial date. 34 | |
| 289 | + | ||
| 290 | + | 2. The determination of rent and late fees shall include the 35 | |
| 291 | + | following: 36 SENATE BILL 384 7 | |
| 194 | 292 | ||
| 195 | 293 | ||
| 196 | 294 | ||
| 197 | - | (c) (1) Before a landlord may file a complaint under this section, the landlord 1 | |
| 198 | - | shall provide to the tenant a written notice of the landlord’s intent to file a claim in the 2 | |
| 199 | - | District Court against the tenant to recover possession of the residential premises if the 3 | |
| 200 | - | tenant does not cure within 10 days after the written notice is provided to the tenant. 4 | |
| 295 | + | A. Rent claimed in the complaint; 1 | |
| 201 | 296 | ||
| 202 | - | (2) The written notice required under paragraph (1) of this subsection shall 5 | |
| 203 | - | be in a form created by the Maryland Judiciary and notice shall occur when the notice is: 6 | |
| 297 | + | B. Rent accruing after the date of the filing of the complaint; 2 | |
| 204 | 298 | ||
| 205 | - | (i) Sent by first–class mail, certificate of mailing; 7 | |
| 299 | + | C. Late fees accruing in or prior to the month in which the 3 | |
| 300 | + | complaint was filed; and 4 | |
| 206 | 301 | ||
| 207 | - | (ii) Affixed to the door of the premises; or 8 | |
| 302 | + | D. Credit for payments of rent and late fees and other fees, 5 | |
| 303 | + | utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 6 | |
| 304 | + | Article after the complaint was filed. 7 | |
| 208 | 305 | ||
| 209 | - | (iii) If elected by the tenant, sent by electronic delivery in at least one 9 | |
| 210 | - | of the following forms: 10 | |
| 306 | + | (iv) In the case of a residential tenancy, the court may also give 8 | |
| 307 | + | judgment in favor of the landlord for the amount of rent and late fees determined to be due 9 | |
| 308 | + | together with costs of the suit if the court finds that the residential tenant was personally 10 | |
| 309 | + | served with a summons. 11 | |
| 211 | 310 | ||
| 212 | - | 1. An e–mail message; 11 | |
| 311 | + | (v) In the case of a nonresidential tenancy, if the court finds that 12 | |
| 312 | + | there was such service of process or submission to the jurisdiction of the court as would 13 | |
| 313 | + | support a judgment in contract or tort, the court may also give judgment in favor of the 14 | |
| 314 | + | landlord for: 15 | |
| 213 | 315 | ||
| 214 | - | | |
| 316 | + | 1. The amount of rent and late fees determined to be due; 16 | |
| 215 | 317 | ||
| 216 | - | | |
| 318 | + | 2. Costs of the suit; and 17 | |
| 217 | 319 | ||
| 218 | - | (3) (i) A complaint for repossession filed in accordance with this section 14 | |
| 219 | - | shall include a statement that states and affirms the date on which the landlord provided 15 | |
| 220 | - | the notice required under paragraph (1) of this subsection. 16 | |
| 320 | + | 3. Reasonable attorney’s fees, if the lease agreement 18 | |
| 321 | + | authorizes the landlord to recover attorney’s fees. 19 | |
| 221 | 322 | ||
| 222 | - | (ii) A tenant may challenge assertions made by a landlord under this 17 | |
| 223 | - | paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient 18 | |
| 224 | - | cause. 19 | |
| 323 | + | (vi) A nonresidential tenant who was not personally served with a 20 | |
| 324 | + | summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 21 | |
| 325 | + | the appearance is for the purpose of defending an in rem action prior to the time that 22 | |
| 326 | + | evidence is taken by the court. 23 | |
| 225 | 327 | ||
| 226 | - | (d) (1) NOTWITHSTANDING ANY O THER LAW, IF A TENANT PRESENTS 20 | |
| 227 | - | EVIDENCE SATISFACTOR Y TO THE COURT THAT THE TENANT IS CURREN TLY 21 | |
| 228 | - | WAITING FOR A DETERM INATION REGARDING TH E TENANT’S GOOD FAITH 22 | |
| 229 | - | APPLICATION FOR RENT AL ASSISTANCE FROM A N AGENCY THAT DISTRI BUTES 23 | |
| 230 | - | FUNDS FOR R ENTAL ASSISTANCE , THE COURT SHALL : 24 | |
| 328 | + | (3) The court, when entering the judgment, shall also order that possession 24 | |
| 329 | + | of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 25 | |
| 330 | + | after the trial. 26 | |
| 231 | 331 | ||
| 232 | - | (I) IF JUDGMENT HAS NOT B EEN ENTERED , STAY THE 25 | |
| 233 | - | PROCEEDING UNTIL RES OLUTION OF THE TENAN T’S APPLICATION AND 26 | |
| 234 | - | DISBURSEMENT OF ANY FUNDS AWARDED ; OR 27 | |
| 332 | + | (4) The court may, upon presentation of a certificate signed by a physician 27 | |
| 333 | + | certifying that surrender of the premises within this 4–day period would endanger the 28 | |
| 334 | + | health or life of the tenant or any other occupant of the premises, extend the time for 29 | |
| 335 | + | surrender of the premises as justice may require but not more than 15 days after the trial. 30 | |
| 235 | 336 | ||
| 236 | - | (II) IF JUDGMENT HAS BEEN ENTERED IN FAVOR OF THE 28 | |
| 237 | - | LANDLORD, STAY THE EXECUTION OF ANY WAR RANT OF RESTITUTION OR ORDER 29 | |
| 238 | - | REQUIRING THE TENANT TO SURRENDER THE PRE MISES UNTIL RESOLUTI ON OF THE 30 | |
| 239 | - | TENANT’S APPLICATION AND DI SBURSEMENT OF ANY FU NDS AWARDED . 31 | |
| 240 | - | 6 SENATE BILL 384 | |
| 241 | - | ||
| 242 | - | ||
| 243 | - | (2) IF THE LANDLORD REFUS ES TO ACCEPT RENTAL ASSISTANCE 1 | |
| 244 | - | FROM AN AGENCY T HAT DISTRIBUTES FUND S FOR RENTAL ASSISTA NCE, THE 2 | |
| 245 | - | LANDLORD MAY NOT : 3 | |
| 246 | - | ||
| 247 | - | (I) OBTAIN RELIEF UNDER T HIS SECTION; OR 4 | |
| 248 | - | ||
| 249 | - | (II) INITIATE ANY OTHER JU DICIAL ACTION AGAINS T THE 5 | |
| 250 | - | TENANT TO COLLECT TH E RENT SOUGHT IN THE COMPLAINT. 6 | |
| 251 | - | ||
| 252 | - | (E) (1) This subsection applies only to an action for the repossession of 7 | |
| 253 | - | residential property for failure to pay rent due during a government shutdown. 8 | |
| 254 | - | ||
| 255 | - | (2) Notwithstanding any other law, the court shall stay the proceeding if 9 | |
| 256 | - | the tenant or an occupant of the property that is the subject of the proceeding presents 10 | |
| 257 | - | evidence satisfactory to the court that the occupant: 11 | |
| 258 | - | ||
| 259 | - | (i) Uses the property as the individual’s primary residence; 12 | |
| 260 | - | ||
| 261 | - | (ii) Is an employee of the federal or State government or an employee 13 | |
| 262 | - | of a local government in the State; and 14 | |
| 263 | - | ||
| 264 | - | (iii) Is involuntarily furloughed from work without pay because of a 15 | |
| 265 | - | government shutdown, regardless of whether the employee is required to report to work 16 | |
| 266 | - | during the furlough. 17 | |
| 267 | - | ||
| 268 | - | (3) (i) Subject to subparagraph (ii) of this paragraph, a stay under this 18 | |
| 269 | - | subsection shall be granted for a time that the court considers reasonable. 19 | |
| 270 | - | ||
| 271 | - | (ii) A stay under this subsection may not be granted for a period that 20 | |
| 272 | - | ends more than 30 days after the end of the government shutdown without a showing of 21 | |
| 273 | - | sufficient cause by a party to the action. 22 | |
| 274 | - | ||
| 275 | - | [(e)] (F) (1) If, at the trial on the fifth day indicated in subsection (b) of this 23 | |
| 276 | - | section, the court is satisfied that the interests of justice will be better served by an 24 | |
| 277 | - | adjournment to enable either party to procure their necessary witnesses, the court may 25 | |
| 278 | - | adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the 26 | |
| 279 | - | trial may be adjourned for a longer period of time. 27 | |
| 280 | - | ||
| 281 | - | (2) (i) The information required under subsection (b)(1)(vi) of this 28 | |
| 282 | - | section may not be an issue of fact in a trial under this section. 29 | |
| 283 | - | ||
| 284 | - | (ii) If, when the trial occurs, it appears to the satisfaction of the 30 | |
| 285 | - | court, that the rent, or any part of the rent and late fees are actually due and unpaid, the 31 | |
| 286 | - | court shall determine the amount of rent and late fees due as of the date the complaint was 32 | |
| 287 | - | filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 33 SENATE BILL 384 7 | |
| 288 | - | ||
| 289 | - | ||
| 290 | - | 7–309 of the Public Utilities Article, if the trial occurs within the time specified by 1 | |
| 291 | - | subsection (b)(3) of this section. 2 | |
| 292 | - | ||
| 293 | - | (iii) 1. If the trial does not occur within the time specified in 3 | |
| 294 | - | subsection (b)(3)(i) of this section and the tenant has not become current since the filing of 4 | |
| 295 | - | the complaint, the court, if the complaint so requests, shall enter a judgment in favor of the 5 | |
| 296 | - | landlord for possession of the premises and determine the rent and late fees due as of the 6 | |
| 297 | - | trial date. 7 | |
| 298 | - | ||
| 299 | - | 2. The determination of rent and late fees shall include the 8 | |
| 300 | - | following: 9 | |
| 301 | - | ||
| 302 | - | A. Rent claimed in the complaint; 10 | |
| 303 | - | ||
| 304 | - | B. Rent accruing after the date of the filing of the complaint; 11 | |
| 305 | - | ||
| 306 | - | C. Late fees accruing in or prior to the month in which the 12 | |
| 307 | - | complaint was filed; and 13 | |
| 308 | - | ||
| 309 | - | D. Credit for payments of rent and late fees and other fees, 14 | |
| 310 | - | utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities 15 | |
| 311 | - | Article after the complaint was filed. 16 | |
| 312 | - | ||
| 313 | - | (iv) In the case of a residential tenancy, the court may also give 17 | |
| 314 | - | judgment in favor of the landlord for the amount of rent and late fees determined to be due 18 | |
| 315 | - | together with costs of the suit if the court finds that the residential tenant was personally 19 | |
| 316 | - | served with a summons. 20 | |
| 317 | - | ||
| 318 | - | (v) In the case of a nonresidential tenancy, if the court finds that 21 | |
| 319 | - | there was such service of process or submission to the jurisdiction of the court as would 22 | |
| 320 | - | support a judgment in contract or tort, the court may also give judgment in favor of the 23 | |
| 321 | - | landlord for: 24 | |
| 322 | - | ||
| 323 | - | 1. The amount of rent and late fees determined to be due; 25 | |
| 324 | - | ||
| 325 | - | 2. Costs of the suit; and 26 | |
| 326 | - | ||
| 327 | - | 3. Reasonable attorney’s fees, if the lease agreement 27 | |
| 328 | - | authorizes the landlord to recover attorney’s fees. 28 | |
| 329 | - | ||
| 330 | - | (vi) A nonresidential tenant who was not personally served with a 29 | |
| 331 | - | summons shall not be subject to personal jurisdiction of the court if that tenant asserts that 30 | |
| 332 | - | the appearance is for the purpose of defending an in rem action prior to the time that 31 | |
| 333 | - | evidence is taken by the court. 32 | |
| 334 | - | 8 SENATE BILL 384 | |
| 335 | - | ||
| 336 | - | ||
| 337 | - | (3) The court, when entering the judgment, shall also order that possession 1 | |
| 338 | - | of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days 2 | |
| 339 | - | after the trial. 3 | |
| 340 | - | ||
| 341 | - | (4) The court may, upon presentation of a certificate signed by a physician 4 | |
| 342 | - | certifying that surrender of the premises within this 4–day period would endanger the 5 | |
| 343 | - | health or life of the tenant or any other occupant of the premises, extend the time for 6 | |
| 344 | - | surrender of the premises as justice may require but not more than 15 days after the trial. 7 | |
| 345 | - | ||
| 346 | - | (5) However, if the tenant, or someone for the tenant, at the trial, or 8 | |
| 347 | - | adjournment of the trial, tenders to the landlord the rent and late fees determined by the 9 | |
| 348 | - | court to be due and unpaid, together with the costs of the suit, the complaint against the 10 | |
| 349 | - | tenant shall be entered as being satisfied. 11 | |
| 350 | - | ||
| 351 | - | [(f)] (G) (1) (i) Subject to the provisions of (2) of this subsection, if 12 | |
| 352 | - | judgment is given in favor of the landlord, and the tenant fails to comply with the 13 | |
| 353 | - | requirements of the order within 4 days, the court shall, at any time after the expiration of 14 | |
| 354 | - | the 4 days, issue its warrant, directed to any official of the county entitled to serve process, 15 | |
| 355 | - | ordering the official to cause the landlord to have again and repossess the property by 16 | |
| 356 | - | putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s 17 | |
| 357 | - | benefit) in possession thereof, and for that purpose to remove from the property, by force if 18 | |
| 358 | - | necessary, all the furniture, implements, tools, goods, effects or other chattels of every 19 | |
| 359 | - | description whatsoever belonging to the tenant, or to any person claiming or holding by or 20 | |
| 360 | - | under said tenant. 21 | |
| 361 | - | ||
| 362 | - | (ii) If the landlord does not order a warrant of restitution within 22 | |
| 363 | - | sixty days from the date of judgment or from the expiration date of any stay of execution, 23 | |
| 364 | - | whichever shall be the later: 24 | |
| 365 | - | ||
| 366 | - | 1. The judgment for possession shall be stricken; and 25 | |
| 367 | - | ||
| 368 | - | 2. The judgment shall be applied to the number of judgments 26 | |
| 369 | - | necessary to foreclose a tenant’s right to redemption of the leased premises as established 27 | |
| 370 | - | in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 28 | |
| 371 | - | the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 29 | |
| 372 | - | ||
| 373 | - | (iii) If the landlord orders a warrant of restitution but takes no action 30 | |
| 374 | - | on the warrant within 60 days from the later of the date the court issues the order for the 31 | |
| 375 | - | warrant or the date as otherwise extended by the court: 32 | |
| 376 | - | ||
| 377 | - | 1. The warrant of restitution shall expire and the judgment 33 | |
| 378 | - | for possession shall be stricken; and 34 | |
| 379 | - | ||
| 380 | - | 2. The judgment shall be applied to the number of judgments 35 | |
| 381 | - | necessary to foreclose a tenant’s right to redemption of the leased premises as established 36 | |
| 382 | - | in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 37 | |
| 383 | - | the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 38 SENATE BILL 384 9 | |
| 337 | + | (5) However, if the tenant, or someone for the tenant, at the trial, or 31 | |
| 338 | + | adjournment of the trial, tenders to the landlord the rent and late fees determined by the 32 | |
| 339 | + | court to be due and unpaid, together with the costs of the suit, the complaint against the 33 | |
| 340 | + | tenant shall be entered as being satisfied. 34 8 SENATE BILL 384 | |
| 384 | 341 | ||
| 385 | 342 | ||
| 386 | 343 | ||
| 387 | - | (2) (i) The administrative judge of any district may stay the execution 1 | |
| 388 | - | of a warrant of restitution of a residential property, from day to day, in the event of extreme 2 | |
| 389 | - | weather conditions. 3 | |
| 344 | + | [(f)] (G) (1) (i) Subject to the provisions of (2) of this subsection, if 1 | |
| 345 | + | judgment is given in favor of the landlord, and the tenant fails to comply with the 2 | |
| 346 | + | requirements of the order within 4 days, the court shall, at any time after the expiration of 3 | |
| 347 | + | the 4 days, issue its warrant, directed to any official of the county entitled to serve process, 4 | |
| 348 | + | ordering the official to cause the landlord to have again and repossess the property by 5 | |
| 349 | + | putting the landlord (or the landlord’s duly qualified agent or attorney for the landlord’s 6 | |
| 350 | + | benefit) in possession thereof, and for that purpose to remove from the property, by force if 7 | |
| 351 | + | necessary, all the furniture, implements, tools, goods, effects or other chattels of every 8 | |
| 352 | + | description whatsoever belonging to the tenant, or to any person claiming or holding by or 9 | |
| 353 | + | under said tenant. 10 | |
| 390 | 354 | ||
| 391 | - | (ii) | |
| 392 | - | ||
| 393 | - | ||
| 355 | + | (ii) If the landlord does not order a warrant of restitution within 11 | |
| 356 | + | sixty days from the date of judgment or from the expiration date of any stay of execution, 12 | |
| 357 | + | whichever shall be the later: 13 | |
| 394 | 358 | ||
| 395 | - | [(g)] (H) (1) Subject to paragraph (2) of this subsection, in any action of 7 | |
| 396 | - | summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 8 | |
| 397 | - | the landlord restitution of the leased premises, the tenant shall have the right to 9 | |
| 398 | - | redemption of the leased premises by tendering in cash, certified check or money order to 10 | |
| 399 | - | the landlord or the landlord’s agent all past due amounts, as determined by the court under 11 | |
| 400 | - | subsection [(e)] (F) of this section, plus all court awarded costs and fees, at any time before 12 | |
| 401 | - | actual execution of the eviction order. 13 | |
| 359 | + | 1. The judgment for possession shall be stricken; and 14 | |
| 402 | 360 | ||
| 403 | - | (2) This subsection does not apply to any tenant against whom 3 judgments 14 | |
| 404 | - | of possession have been entered for rent due and unpaid in the 12 months prior to the 15 | |
| 405 | - | initiation of the action to which this subsection otherwise would apply. 16 | |
| 361 | + | 2. The judgment shall be applied to the number of judgments 15 | |
| 362 | + | necessary to foreclose a tenant’s right to redemption of the leased premises as established 16 | |
| 363 | + | in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 17 | |
| 364 | + | the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 18 | |
| 406 | 365 | ||
| 407 | - | ||
| 408 | - | ||
| 409 | - | ||
| 366 | + | (iii) If the landlord orders a warrant of restitution but takes no action 19 | |
| 367 | + | on the warrant within 60 days from the later of the date the court issues the order for the 20 | |
| 368 | + | warrant or the date as otherwise extended by the court: 21 | |
| 410 | 369 | ||
| 411 | - | (2) The tenant, in order to stay any execution of the judgment, shall give a 20 | |
| 412 | - | bond to the landlord with one or more sureties, who are owners of sufficient property in the 21 | |
| 413 | - | State of Maryland, with condition to prosecute the appeal with effect, and answer to the 22 | |
| 414 | - | landlord in all costs and damages mentioned in the judgment, and other damages as shall 23 | |
| 415 | - | be incurred and sustained by reason of the appeal. 24 | |
| 370 | + | 1. The warrant of restitution shall expire and the judgment 22 | |
| 371 | + | for possession shall be stricken; and 23 | |
| 416 | 372 | ||
| 417 | - | (3) The bond shall not affect in any manner the right of the landlord to 25 | |
| 418 | - | proceed against the tenant, assignee or subtenant for any and all rents that may become 26 | |
| 419 | - | due and payable to the landlord after the rendition of the judgment. 27 | |
| 373 | + | 2. The judgment shall be applied to the number of judgments 24 | |
| 374 | + | necessary to foreclose a tenant’s right to redemption of the leased premises as established 25 | |
| 375 | + | in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 26 | |
| 376 | + | the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 27 | |
| 420 | 377 | ||
| 421 | - | (a) This section applies only to a tenant who has an application for rental 28 | |
| 422 | - | assistance pending with an agency that distributes funds for rental assistance that was 29 | |
| 423 | - | submitted before or within 30 days after the tenant’s landlord filed a written complaint 30 | |
| 424 | - | under § 8–401(b) of the Real Property Article. 31 | |
| 378 | + | (2) (i) The administrative judge of any district may stay the execution 28 | |
| 379 | + | of a warrant of restitution of a residential property, from day to day, in the event of extreme 29 | |
| 380 | + | weather conditions. 30 | |
| 425 | 381 | ||
| 426 | - | (b) Notwithstanding any other law and subject to subsections (c) and (d) of this 32 | |
| 427 | - | section, if a tenant presents evidence satisfactory to the court that the tenant is currently 33 | |
| 428 | - | waiting for a determination regarding a good–faith application for rental assistance from 34 | |
| 429 | - | an agency that distributes funds for rental assistance, the court shall: 35 | |
| 382 | + | (ii) When a stay has been granted under this paragraph, the 31 | |
| 383 | + | execution of the warrant of restitution for which the stay has been granted shall be given 32 | |
| 384 | + | priority and completed within 3 days after the extreme weather conditions cease. 33 | |
| 430 | 385 | ||
| 431 | - | (1) if judgment has not been entered, stay any proceeding until resolution 36 | |
| 432 | - | of the tenant’s application and disbursement of any funds awarded; or 37 10 SENATE BILL 384 | |
| 386 | + | [(g)] (H) (1) Subject to paragraph (2) of this subsection, in any action of 34 | |
| 387 | + | summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 35 | |
| 388 | + | the landlord restitution of the leased premises, the tenant shall have the right to 36 SENATE BILL 384 9 | |
| 389 | + | ||
| 390 | + | ||
| 391 | + | redemption of the leased premises by tendering in cash, certified check or money order to 1 | |
| 392 | + | the landlord or the landlord’s agent all past due amounts, as determined by the court under 2 | |
| 393 | + | subsection [(e)] (F) of this section, plus all court awarded costs and fees, at any time before 3 | |
| 394 | + | actual execution of the eviction order. 4 | |
| 395 | + | ||
| 396 | + | (2) This subsection does not apply to any tenant against whom 3 judgments 5 | |
| 397 | + | of possession have been entered for rent due and unpaid in the 12 months prior to the 6 | |
| 398 | + | initiation of the action to which this subsection otherwise would apply. 7 | |
| 399 | + | ||
| 400 | + | [(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 8 | |
| 401 | + | District Court to the circuit court for any county at any time within 4 days from the 9 | |
| 402 | + | rendition of the judgment. 10 | |
| 403 | + | ||
| 404 | + | (2) The tenant, in order to stay any execution of the judgment, shall give a 11 | |
| 405 | + | bond to the landlord with one or more sureties, who are owners of sufficient property in the 12 | |
| 406 | + | State of Maryland, with condition to prosecute the appeal with effect, and answer to the 13 | |
| 407 | + | landlord in all costs and damages mentioned in the judgment, and other damages as shall 14 | |
| 408 | + | be incurred and sustained by reason of the appeal. 15 | |
| 409 | + | ||
| 410 | + | (3) The bond shall not affect in any manner the right of the landlord to 16 | |
| 411 | + | proceed against the tenant, assignee or subtenant for any and all rents that may become 17 | |
| 412 | + | due and payable to the landlord after the rendition of the judgment. 18 | |
| 413 | + | ||
| 414 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 19 | |
| 415 | + | measure, is necessary for the immediate preservation of the public health or safety, has 20 | |
| 416 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 21 | |
| 417 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 22 | |
| 418 | + | enacted. 23 | |
| 433 | 419 | ||
| 434 | 420 | ||
| 435 | 421 | ||
| 436 | - | (2) if judgment has been entered in favor of the landlord and the tenant 1 | |
| 437 | - | has the right of redemption, stay the execution of any warrant of restitution or order 2 | |
| 438 | - | requiring the tenant to surrender the premises until resolution of the tenant’s application 3 | |
| 439 | - | and disbursement of any funds awarded. 4 | |
| 440 | - | ||
| 441 | - | (c) A stay ordered under subsection (b) of this section may not exceed 35 days. 5 | |
| 442 | - | ||
| 443 | - | (d) The court may not stay a proceeding under subsection (b)(2) of this section if 6 | |
| 444 | - | the court stayed the proceeding under subsection (b)(1) of this section. 7 | |
| 445 | - | ||
| 446 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 8 | |
| 447 | - | measure, is necessary for the immediate preservation of the public health or safety, has 9 | |
| 448 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to 10 | |
| 449 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is 11 | |
| 450 | - | enacted. It shall remain effective through September 30, 2025, and, at the end of September 12 | |
| 451 | - | 30, 2025, this Act, with no further action required by the General Assembly, shall be 13 | |
| 452 | - | abrogated and of no further force and effect. 14 | |
| 453 | - | ||
| 454 | - | ||
| 455 | - | ||
| 456 | - | ||
| 457 | - | Approved: | |
| 458 | - | ________________________________________________________________________________ | |
| 459 | - | Governor. | |
| 460 | - | ________________________________________________________________________________ | |
| 461 | - | President of the Senate. | |
| 462 | - | ________________________________________________________________________________ | |
| 463 | - | Speaker of the House of Delegates. |