Maryland 2024 Regular Session

Maryland Senate Bill SB992 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0992
6	6
7	7	SENATE BILL 992
8	8	N1 4lr3178
9	9	CF 4lr2553
10	10	By: Senator Benson
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Real Property – Landlord and Tenant – Procedures for Failure to Pay Rent, 2
19	19	Breach of Lease, and Tenant Holding Over 3
20	20
21	21	FOR the purpose of requiring a landlord to provide certain notice to a tenant when a court 4
22	22	has issued a warrant of restitution for a failure of a tenant to pay rent, a breach of 5
23	23	lease, or a tenant holding over under certain circumstances; establishing certain 6
24	24	procedures and requirements for the execution of a warrant for repossession; 7
25	25	providing for the disposition of certain personal property following the execution of 8
26	26	a warrant of restitution; establishing that this Act does not restrict the authority of 9
27	27	the State or a local jurisdiction to enact certain legislation; and generally relating to 10
28	28	repossession for failure to pay rent, breach of lease, and tenant holdovers. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – Real Property 13
32	32	Section 8–401(f), (g), and (h), 8–402(b), and 8–402.1 14
33	33	Annotated Code of Maryland 15
34	34	(2023 Replacement Volume) 16
35	35
36	36	BY adding to 17
37	37	Article – Real Property 18
38	38	Section 8–401(g) and 8–407 19
39	39	Annotated Code of Maryland 20
40	40	(2023 Replacement Volume) 21
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43	43	That the Laws of Maryland read as follows: 23
44	44
45	45	Article – Real Property 24
46	46
47	47	8–401. 25
48	48	2 SENATE BILL 992
49	49
50	50
51	51	(f) (1) (i) [Subject] EXCEPT AS PROVIDED § 8–407 OF THIS SUBTITLE 1
52	52	AND SUBJECT to the provisions of paragraph (2) of this subsection, if judgment is given in 2
53	53	favor of the landlord, and the tenant fails to comply with the requirements of the order 3
54	54	within 4 days, the court shall, at any time after the expiration of the 4 days, issue its 4
55	55	warrant, directed to any official of the county entitled to serve process, ordering the official 5
56	56	to cause the landlord to have again and repossess the property by putting the landlord [(or] 6
57	57	OR the landlord’s duly qualified agent or attorney for the landlord’s [benefit)] BENEFIT in 7
58	58	possession [thereof, and for that purpose to remove from the property, by force if necessary, 8
59	59	all the furniture, implements, tools, goods, effects or other chattels of every description 9
60	60	whatsoever belonging to the tenant, or to any person claiming or holding by or under said 10
61	61	tenant] OF THE PROPERTY . 11
62	62
63	63	(ii) If the landlord does not order a warrant of restitution within 60 12
64	64	days from the later of the date of judgment or the expiration date of any stay of execution: 13
65	65
66	66	1. The judgment for possession shall be stricken; and 14
67	67
68	68	2. The judgment shall be applied to the number of judgments 15
69	69	necessary to foreclose a tenant’s right to redemption of the leased premises as established 16
70	70	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 17
71	71	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 18
72	72
73	73	(iii) If the landlord orders a warrant of restitution but takes no action 19
74	74	on the warrant within 60 days from the later of the date the court issues the order for the 20
75	75	warrant or the date as otherwise extended by the court: 21
76	76
77	77	1. The warrant of restitution shall expire and the judgment 22
78	78	for possession shall be stricken; and 23
79	79
80	80	2. The judgment shall be applied to the number of judgments 24
81	81	necessary to foreclose a tenant’s right to redemption of the leased premises as established 25
82	82	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 26
83	83	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 27
84	84
85	85	(2) (i) The administrative judge of any district may stay the execution 28
86	86	of a warrant of restitution of a residential property, from day to day, in the event of extreme 29
87	87	weather conditions. 30
88	88
89	89	(ii) When a stay has been granted under this paragraph, the 31
90	90	execution of the warrant of restitution for which the stay has been granted shall be given 32
91	91	priority and completed within 3 days after the extreme weather conditions cease. 33
92	92
93	93	(G) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 34
94	94	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 35
95	95	SENATE BILL 992 3
96	96
97	97
98	98	[(g)] (H) (1) Subject to paragraph (3) of this subsection, in any action of 1
99	99	summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 2
100	100	the landlord restitution of the leased premises, the tenant shall have the right to 3
101	101	redemption of the leased premises by tendering in cash, certified check, or money order to 4
102	102	the landlord or the landlord’s agent all past due amounts, as determined by the court under 5
103	103	subsection (e) of this section, plus all court awarded costs and fees, at any time before actual 6
104	104	execution of the eviction order. 7
105	105
106	106	(2) An electronic or written check issued by a political subdivision or on 8
107	107	behalf of a governmental entity shall have the same legal effect as a payment made by the 9
108	108	tenant under paragraph (1) of this subsection. 10
109	109
110	110	(3) This subsection does not apply to any tenant against whom 3 judgments 11
111	111	of possession have been entered for rent due and unpaid in the 12 months prior to the 12
112	112	initiation of the action to which this subsection otherwise would apply. 13
113	113
114	114	[(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 14
115	115	District Court to the circuit court for any county at any time within 4 days from the 15
116	116	rendition of the judgment. 16
117	117
118	118	(2) The tenant, in order to stay any execution of the judgment, shall give a 17
119	119	bond to the landlord with one or more sureties, who are owners of sufficient property in the 18
120	120	State of Maryland, with condition to prosecute the appeal with effect, and answer to the 19
121	121	landlord in all costs and damages mentioned in the judgment, and other damages as shall 20
122	122	be incurred and sustained by reason of the appeal. 21
123	123
124	124	(3) The bond shall not affect in any manner the right of the landlord to 22
125	125	proceed against the tenant, assignee or subtenant for any and all rents that may become 23
126	126	due and payable to the landlord after the rendition of the judgment. 24
127	127
128	128	8–402. 25
129	129
130	130	(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for 26
131	131	any definite term or at will, and the landlord shall desire to repossess the property after 27
132	132	the expiration of the term for which it was leased and shall give notice as required under 28
133	133	subsection (c) of this section to the tenant or to the person actually in possession of the 29
134	134	property to remove from the property at the end of the term, and if the tenant or person in 30
135	135	actual possession shall refuse to comply, the landlord may make complaint in writing to 31
136	136	the District Court of the county where the property is located. 32
137	137
138	138	(ii) 1. The court shall issue a summons directed to any constable 33
139	139	or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify 34
140	140	the tenant, assignee, or subtenant to appear on a day stated in the summons before the 35
141	141	court to show cause why restitution should not be made to the landlord. 36
142	142	4 SENATE BILL 992
143	143
144	144
145	145	2. The constable or sheriff shall serve the summons on the 1
146	146	tenant, assignee, or subtenant on the property, or on the known or authorized agent of the 2
147	147	tenant, assignee, or subtenant. 3
148	148
149	149	3. If, for any reason those persons cannot be found, the 4
150	150	constable or sheriff shall affix an attested copy of the summons conspicuously on the 5
151	151	property. 6
152	152
153	153	4. After notice to the tenant, assignee, or subtenant by 7
154	154	first–class mail, the affixing of the summons on the property shall be conclusively presumed 8
155	155	to be a sufficient service to support restitution. 9
156	156
157	157	(iii) Upon the failure of either of the parties to appear before the court 10
158	158	on the day stated in the summons, the court may continue the case to a day not less than 6 11
159	159	nor more than 10 days after the day first stated and notify the parties of the continuance. 12
160	160
161	161	(2) (i) If upon hearing the parties, or in case the tenant or person in 13
162	162	possession shall neglect to appear after the summons and continuance the court shall find 14
163	163	that the landlord had been in possession of the leased property, that the said tenancy is 15
164	164	fully ended and expired, that due notice to quit as aforesaid had been given to the tenant 16
165	165	or person in possession and that the tenant or person in possession had refused so to do, 17
166	166	the court shall thereupon give judgment for the restitution of the possession of said 18
167	167	premises and shall forthwith issue its warrant to the sheriff or a constable in the respective 19
168	168	counties commanding the tenant or person in possession forthwith to deliver to the landlord 20
169	169	possession thereof in as full and ample manner as the landlord was possessed of the same 21
170	170	at the time when the tenancy was made, and shall give judgment for costs against the 22
171	171	tenant or person in possession so holding over. 23
172	172
173	173	(ii) Either party shall have the right to appeal therefrom to the 24
174	174	circuit court for the county within 10 days from the judgment. 25
175	175
176	176	(iii) If the tenant appeals and files with the District Court an affidavit 26
177	177	that the appeal is not taken for delay, and also a good and sufficient bond with one or more 27
178	178	securities conditioned that the tenant will prosecute the appeal with effect and well and 28
179	179	truly pay all rent in arrears and all costs in the case before the District Court and in the 29
180	180	appellate court and all loss or damage which the landlord may suffer by reason of the 30
181	181	tenant’s holding over, including the value of the premises during the time the tenant shall 31
182	182	so hold over, then the tenant or person in possession of said premises may retain possession 32
183	183	thereof until the determination of said appeal. 33
184	184
185	185	(iv) The appellate court shall, upon application of either party, set a 34
186	186	day for the hearing of the appeal, not less than 5 nor more than 15 days after the 35
187	187	application, and notice for the order for a hearing shall be served on the opposite party or 36
188	188	that party’s counsel at least 5 days before the hearing. 37
189	189	SENATE BILL 992 5
190	190
191	191
192	192	(v) If the judgment of the District Court shall be in favor of the 1
193	193	landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed 2
194	194	forthwith to execute the warrant. 3
195	195
196	196	(3) A WARRANT OF RESTITUTI ON UNDER PARAGRAPH (2)(I) OF THIS 4
197	197	SUBSECTION SHALL BE EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 5
198	198	8–407 OF THIS SUBTITLE . 6
199	199
200	200	8–402.1. 7
201	201
202	202	(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 8
203	203	for a stated term provides that the landlord may repossess the premises prior to the 9
204	204	expiration of the stated term if the tenant breaches the lease, the landlord may make 10
205	205	complaint in writing to the District Court of the county where the premises is located if: 11
206	206
207	207	1. The tenant breaches the lease; 12
208	208
209	209	2. A. The landlord has given the tenant 30 days’ written 13
210	210	notice that the tenant is in violation of the lease and the landlord desires to repossess the 14
211	211	leased premises; or 15
212	212
213	213	B. The breach of the lease involves behavior by a tenant or a 16
214	214	person who is on the property with the tenant’s consent, which demonstrates a clear and 17
215	215	imminent danger of the tenant or person doing serious harm to themselves, other tenants, 18
216	216	the landlord, the landlord’s property or representatives, or any other person on the property 19
217	217	and the landlord has given the tenant or person in possession 14 days’ written notice that 20
218	218	the tenant or person in possession is in violation of the lease and the landlord desires to 21
219	219	repossess the leased premises; and 22
220	220
221	221	3. The tenant or person in actual possession of the premises 23
222	222	refuses to comply. 24
223	223
224	224	(ii) The court shall summons immediately the tenant or person in 25
225	225	possession to appear before the court on a day stated in the summons to show cause, if any, 26
226	226	why restitution of the possession of the leased premises should not be made to the landlord. 27
227	227
228	228	(2) (i) If, for any reason, the tenant or person in actual possession 28
229	229	cannot be found, the constable or sheriff shall affix an attested copy of the summons 29
230	230	conspicuously on the property. 30
231	231
232	232	(ii) After notice is sent to the tenant or person in possession by 31
233	233	first–class mail, the affixing of the summons on the property shall be conclusively presumed 32
234	234	to be a sufficient service to support restitution. 33
235	235
236	236	(3) If either of the parties fails to appear before the court on the day stated 34
237	237	in the summons, the court may continue the case for not less than six nor more than 10 35
238	238	days and notify the parties of the continuance. 36 6 SENATE BILL 992
239	239
240	240
241	241
242	242	(b) (1) If the court determines that the tenant breached the terms of the lease 1
243	243	and that the breach was substantial and warrants an eviction, the court shall give 2
244	244	judgment for the restitution of the possession of the premises and issue its warrant to the 3
245	245	sheriff or a constable commanding the tenant to deliver possession to the landlord in as full 4
246	246	and ample manner as the landlord was possessed of the same at the time when the lease 5
247	247	was entered into. The court shall give judgment for costs against the tenant or person in 6
248	248	possession. 7
249	249
250	250	(2) Either party may appeal to the circuit court for the county, within ten 8
251	251	days from entry of the judgment. If the tenant (i) files with the District Court an affidavit 9
252	252	that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities 10
253	253	conditioned upon diligent prosecution of the appeal; (iii) pays all rent in arrears, all court 11
254	254	costs in the case; and (iv) pays all losses or damages which the landlord may suffer by 12
255	255	reason of the tenant’s holding over, the tenant or person in possession of the premises may 13
256	256	retain possession until the determination of the appeal. Upon application of either party, 14
257	257	the court shall set a day for the hearing of the appeal not less than five nor more than 15 15
258	258	days after the application, and notice of the order for a hearing shall be served on the other 16
259	259	party or that party’s counsel at least five days before the hearing. If the judgment of the 17
260	260	District Court is in favor of the landlord, a warrant shall be issued by the court which hears 18
261	261	the appeal to the sheriff, who shall execute the warrant. 19
262	262
263	263	(C) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 20
264	264	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 21
265	265
266	266	[(c)] (D) (1) Acceptance of any payment after notice but before eviction shall 22
267	267	not operate as a waiver of any notice of breach of lease or any judgment for possession 23
268	268	unless the parties specifically otherwise agree in writing. 24
269	269
270	270	(2) Any payment accepted shall be first applied to the rent or the 25
271	271	equivalent of rent apportioned to the date that the landlord actually recovers possession of 26
272	272	the premises, then to court costs, including court awarded damages and legal fees and then 27
273	273	to any loss of rent caused by the breach of lease. 28
274	274
275	275	(3) Any payment which is accepted in excess of the rent referred to in 29
276	276	paragraph (2) of this subsection shall not bear interest but will be returned to the tenant 30
277	277	in the same manner as security deposits as defined under § 8–203 of this title but shall not 31
278	278	be subject to the penalties of that section. 32
279	279
280	280	8–407. 33
281	281
282	282	(A) THIS SECTION APPLIES TO A WARRANT OF REST ITUTION ISSUED TO A 34
283	283	LANDLORD TO TAKE POS SESSION OF RESIDENTI AL PROPERTY UNDER § 8–401, § 35
284	284	8–402, OR § 8–402.1 OF THIS SUBTITLE OR AN EQUIV ALENT PROVISION OF P UBLIC 36
285	285	LOCAL LAW. 37
286	286	SENATE BILL 992 7
287	287
288	288
289	289	(B) (1) AFTER A COURT HAS ISS UED A WARRANT OF RES TITUTION, THE 1
290	290	LANDLORD SHALL , AT LEAST 14 DAYS BEFORE THE SCHE DULED DATE OF 2
291	291	REPOSSESSION AS SET BY THE SHERIFF, PROVIDE WRITTEN NOTI CE TO THE TENANT 3
292	292	OF THE DATE ON WHICH THE WARRANT OF RESTI TUTION IS SCHEDULED TO BE 4
293	293	EXECUTED BY: 5
294	294
295	295	(I) SENDING THE NOTICE BY FIRST–CLASS MAIL WITH 6
296	296	CERTIFICATE OF MAILI NG; AND 7
297	297
298	298	(II) POSTING THE NOTICE ON THE FRONT DOOR OF TH E LEASED 8
299	299	PREMISES AND TAKING A DATE–STAMPED PHOTOGRAPH OF THE NO TICE POSTED ON 9
300	300	THE FRONT DOOR . 10
301	301
302	302	(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 11
303	303	SUBSECTION SHALL INC LUDE: 12
304	304
305	305	(I) THE DISTRICT COURT SUMMARY EJECTME NT CASE 13
306	306	NUMBER; 14
307	307
308	308	(II) THE TENANT ’S NAME AS STATED IN THE SUMMARY 15
309	309	EJECTMENT CAS E; 16
310	310
311	311	(III) THE ADDRESS OF THE LE ASED PREMISES ; 17
312	312
313	313	(IV) THE DATE ON WHICH THE WARRANT OF RESTITUTI ON WAS 18
314	314	ORDERED BY THE DISTRICT COURT; 19
315	315
316	316	(V) THE SCHEDULED DATE OF THE EVICTION; 20
317	317
318	318	(VI) A STATEMENT THAT THE R EPOSSESSION MAY OCCU R 21
319	319	UNLESS THE TENANT : 22
320	320
321	321	1. RETURNS POSSESSION OF THE LEASED PREMISES TO 23
322	322	THE LANDLORD ; OR 24
323	323
324	324	2. FOR A WARRANT OF REST ITUTION ISSUED UNDER § 25
325	325	8–401 OF THIS SUBTITLE , EXERCISES THE RIGHT TO REDEMPTION UNDER § 8–401 26
326	326	OF THIS SUBTITLE, IF AVAILABLE; 27
327	327
328	328	(VII) A STATEMENT THAT IF TH E EVICTION OCCURS , ALL 28
329	329	PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES WILL BE 29
330	330	CONSIDERED ABANDONED AND MAY BE DISPOSED OF 10 DAYS AFTER THE EVICT ION 30
331	331	DATE; 31 8 SENATE BILL 992
332	332
333	333
334	334
335	335	(VIII) A STATEMENT INFORMING THE TENANT AS TO HOW THE 1
336	336	TENANT MAY OBTAIN ANY PERSO NAL PROPERTY LEFT IN OR ABOUT THE LEASED 2
337	337	PREMISES AFTER THE E VICTION OCCURS ; 3
338	338
339	339	(IX) A STATEMENT THAT THE N OTICE IS THE FINAL N OTICE TO 4
340	340	THE TENANT OF THE IN TENDED REPOSSESSION , EVEN IF THE REPOSSES SION IS 5
341	341	STAYED FOR ANY REASO N; AND 6
342	342
343	343	(X) THE TELEPHONE NUMBER , E–MAIL ADDRESS , AND MAILING 7
344	344	ADDRESS AT WHICH THE LANDLORD MAY BE CONT ACTED. 8
345	345
346	346	(3) A LANDLORD MAY CHARGE THE TENANT FOR EXPEN SES 9
347	347	ACTUALLY INCURRED IN PROVIDING NOTICE UND ER PARAGRAPH (1) OF THIS 10
348	348	SUBSECTION IN AN AMO UNT NOT TO EXCEED $5. 11
349	349
350	350	(4) THERE IS A REBUTTABLE PRESUMPTION THAT A T ENANT WAS 12
351	351	NOTIFIED AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE 13
352	352	LANDLORD PROVIDES TO THE SHERIFF: 14
353	353
354	354	(I) THE CERTIFICATE OF MA ILING; 15
355	355
356	356	(II) A PHOTOGRAPH OF THE NO TICE POSTED ON THE F RONT 16
357	357	DOOR OF THE LEASED P REMISES CONTAINING A READABLE TIMESTAMP I NDICATING 17
358	358	THE DATE AND TIME TH AT THE NOTICE WAS POSTED; AND 18
359	359
360	360	(III) A SIGNED AFFIDAVIT OF THE PERSON WHO POSTE D THE 19
361	361	NOTICE ON THE FRONT DOOR OF THE LEASED P REMISES. 20
362	362
363	363	(5) (I) IF THE SHERIFF REASON ABLY BELIEVES THAT T HE 21
364	364	LANDLORD HAS NOT PRO VIDED THE NOTICE REQ UIRED UNDER PARAGRAP H (1) OF 22
365	365	THIS SUBSECTION OR THAT THE TENANT MAY HAVE REDE EMED THE PROPERTY , THE 23
366	366	SHERIFF: 24
367	367
368	368	1. SHALL NOTIFY THE DISTRICT COURT; AND 25
369	369
370	370	2. MAY NOT EXECUTE THE W ARRANT OF RESTITUTIO N 26
371	371	WITHOUT FURTHER ORDE R OF THE DISTRICT COURT. 27
372	372
373	373	(II) IF THE DISTRICT COURT FINDS THAT THE LANDLORD DID 28
374	374	NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION , 29
375	375	THE DISTRICT COURT SHALL VACATE TH E WARRANT OF RESTITU TION. 30
376	376	SENATE BILL 992 9
377	377
378	378
379	379	(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(5) OF THIS SECTION, IF THE 1
380	380	LANDLORD PRESENTS TH E DOCUMENTATION LISTED IN SUBSECTION (B)(1) OF THIS 2
381	381	SECTION, THE SHERIFF: 3
382	382
383	383	(1) SHALL FILE THE DOCUME NTATION WITH THE CLE RK OF THE 4
384	384	COURT; AND 5
385	385
386	386	(2) MAY EXECUTE THE WARRA NT OF RESTITUTION BY PUTTING THE 6
387	387	LANDLORD IN POSSESSI ON OF THE PREMISES , WITHOUT THE REMOVAL OF ANY 7
388	388	PERSONAL PROPERTY FRO M THE PREMISES . 8
389	389
390	390	(D) IF A TENANT IS NOT PR ESENT DURING THE EXE CUTION OF THE 9
391	391	WARRANT OF RESTITUTI ON, THE SHERIFF SHALL PO ST A NOTICE ON THE F RONT 10
392	392	DOOR OF THE PREMISES STATING THAT REPOSSE SSION OF THE PREMISE S HAS BEEN 11
393	393	COMPLETED AND THAT THE TENANT HAS 10 DAYS TO RECLAIM THE TENANT’S 12
394	394	PERSONAL PROPERTY . 13
395	395
396	396	(E) (1) (I) A TENANT SHALL HAVE 10 DAYS FOLLOWING THE 14
397	397	EXECUTION OF A WARRA NT OF RESTITUTION UN DER SUBSECTION (C) OF THIS 15
398	398	SECTION TO RECOVER P ERSONAL PROPERTY FRO M THE PREMISES OR AN OTHER 16
399	399	REASONABLY SECURE LO CATION CHOSEN BY THE LANDLORD. 17
400	400
401	401	(II) A LANDLORD MAY NOT CHA RGE A TENANT ANY FEE FOR 18
402	402	STORING THE TENANT ’S PERSONAL PROPERTY DURING THE 10–DAY PERIOD 19
403	403	ESTABLISHED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH . 20
404	404
405	405	(2) DURING THE 10–DAY PERIOD ESTABLISHED UNDER PA RAGRAPH 21
406	406	(1) OF THIS SUBSECTION : 22
407	407
408	408	(I) THE LANDLORD SHALL MA KE THE TENANT ’S PERSONAL 23
409	409	PROPERTY REASONABLY AVAILABLE FOR PURPOS ES OF RECLAMATION ; AND 24
410	410
411	411	(II) THE LANDLORD IS NOT L IABLE TO THE TENANT FOR ANY 25
412	412	LOSSES RELATING TO T HE PERSONAL PROPERTY UNLESS THE LOSS IS THE RESU LT 26
413	413	OF A DELIBERATE OR G ROSSLY NEGLIGENT ACT ON THE PART OF THE L ANDLORD. 27
414	414
415	415	(3) A TENANT MAY NOT WAIVE THE RIGHT TO RECLAIM PERSONAL 28
416	416	PROPERTY UNDER THIS SUBSECTION. 29
417	417
418	418	(F) (1) UNLESS THE LANDLORD A ND TENANT AGREE OTHE RWISE, 30
419	419	PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES OR IN THE 31
420	420	REASONABLY SECURE ST ORAGE LOCATION CHOSE N BY THE LANDLORD FO LLOWING 32 10 SENATE BILL 992
421	421
422	422
423	423	THE 10–DAY PERIOD ESTABLISH ED UNDER SUBSECTION (E)(1) OF THIS SECTION 1
424	424	SHALL BE DEEMED ABAN DONED. 2
425	425
426	426	(2) THE LANDLORD OR ANY PERSON ACTING ON THE LANDLO RD’S 3
427	427	BEHALF MAY NOT BE HE LD LIABLE FOR ANY LO SS OF OR DAMAGE TO P ROPERTY 4
428	428	DEEMED ABANDONED UND ER THIS SUBSECTION . 5
429	429
430	430	(3) (I) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 6
431	431	SUBSECTION, A LANDLORD MAY DISPO SE OF ABANDONED PROPERTY BY: 7
432	432
433	433	1. TRANSPORTATION TO A L ICENSED LANDFILL OR 8
434	434	SOLID WASTE FACILITY ; 9
435	435
436	436	2. DONATION TO CHARITY ; 10
437	437
438	438	3. SALE; OR 11
439	439
440	440	4. ANY OTHER LEGAL MEANS . 12
441	441
442	442	(II) IF A LANDLORD DISPOSE S OF ABANDONED PROPE RTY BY 13
443	443	SALE, THE TENANT SHALL BE ENTITLED TO ANY PROCEEDS OF T HE SALE THAT 14
444	444	EXCEED ANY BACK RENT , MOVE–OUT COSTS, OR DAMAGE FEES OWED BY THE 15
445	445	TENANT TO THE LANDLO RD. 16
446	446
447	447	(4) PROPERTY DEEMED ABAND ONED UNDER THIS SUBS ECTION MAY 17
448	448	NOT BE PLACED IN A P UBLIC RIGHT–OF–WAY OR ON ANY PUBLIC PROPERTY. 18
449	449
450	450	(5) NOTWITHSTANDING ANY OT HER PROVISION OF THI S SECTION, ON 19
451	451	THE EXECUTION OF A W ARRANT OF RESTITUTIO N, A LANDLORD IS NOT PR OHIBITED 20
452	452	FROM: 21
453	453
454	454	(I) DISPOSING OF ABANDONE D PROPERTY CONSISTIN G OF 22
455	455	PERISHABLE FOOD , HAZARDOUS MATERIALS , OR TRASH; OR 23
456	456
457	457	(II) TRANSFERR ING AN ANIMAL TO AN ANIMAL CONTROL 24
458	458	OFFICER, A HUMANE SOCIETY , OR ANY OTHER PERSON WILLING TO PROVIDE C ARE 25
459	459	FOR THE ANIMAL . 26
460	460
461	461	(G) NOTHING IN THIS SECTI ON MAY BE INTERPRETE D TO RESTRICT THE 27
462	462	AUTHORITY OF THE STATE AND LOCAL JURIS DICTIONS TO ENACT LE GISLATION 28
463	463	GOVERNING LANDLORDS A ND TENANTS, INCLUDING LEGISLATIO N ESTABLISHING 29
464	464	PENALTIES FOR A VIOL ATION OF THIS SECTIO N. 30
465	465	SENATE BILL 992 11
466	466
467	467
468	468	(H) IF A COURT FINDS IN F AVOR OF A TENANT BAS ED ON A VIOLATION OF 1
469	469	THIS SECTION, THE TENANT IS ENTITL ED TO: 2
470	470
471	471	(1) ACTUAL DAMAGES ; 3
472	472
473	473	(2) REASONABLE ATTORNEY ’S FEES AND COSTS ; 4
474	474
475	475	(3) INJUNCTIVE RELIEF TO RECOVER POSSESSION O F THE LEASED 5
476	476	PREMISES OR PERSONAL PROPERTY; OR 6
477	477
478	478	(4) ANY OTHER REMEDY THE COURT MAY FIND REASO NABLE. 7
479	479
480	480	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 8
481	481	apply only prospectively and may not be applied or interpreted to have any effect on or 9
482	482	application to any cause of action for repossession for failure to pay rent, breach of lease, or 10
483	483	tenant holdovers filed before the effective date of this Act. 11
484	484
485	485	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
486	486	October 1, 2024. 13