Maryland 2025 Regular Session

Maryland House Bill HB1093 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	hb1093
6	6
7	7	HOUSE BILL 1093
8	8	N1 5lr2831
9	9
10	10	By: Delegate Roberts
11	11	Introduced and read first time: February 5, 2025
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Landlord and Tenant – Evictions – Tenant’s Personal Property and Moving 2
19	19	Expenses and Services 3
20	20	(Small Landlord Eviction Relief Act) 4
21	21
22	22	FOR the purpose of providing for the disposition of a tenant’s personal property in certain 5
23	23	evictions; prohibiting a county or municipality from enacting or enforcing a local law 6
24	24	or ordinance requiring a certain landlord to compensate a tenant for certain moving 7
25	25	expenses or to provide certain moving services or supplies in connection with an 8
26	26	eviction; and generally relating to repossession of residential rental property. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Real Property 11
30	30	Section 8–401(a), 8–402(a)(1), and 8–402.1(a)(1) 12
31	31	Annotated Code of Maryland 13
32	32	(2023 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, with amendments, 15
35	35	Article – Real Property 16
36	36	Section 8–401(f)(1)(i), 8–402(b)(2)(i), and 8–402.1(b)(1) 17
37	37	Annotated Code of Maryland 18
38	38	(2023 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY adding to 20
41	41	Article – Real Property 21
42	42	Section 8–407 22
43	43	Annotated Code of Maryland 23
44	44	(2023 Replacement Volume and 2024 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 HOUSE BILL 1093
49	49
50	50
51	51	Article – Real Property 1
52	52
53	53	8–401. 2
54	54
55	55	(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 3
56	56	shall be lawful for the landlord to have again and repossess the premises in accordance 4
57	57	with this section. 5
58	58
59	59	(f) (1) (i) Subject to the provisions of paragraph (2) of this subsection AND 6
60	60	§ 8–407 OF THIS SUBTITLE , if judgment is given in favor of the landlord, and the tenant 7
61	61	fails to comply with the requirements of the order within 7 days, the court shall, at any 8
62	62	time after the expiration of the 7 days, issue its warrant OF RESTITUTION , directed to any 9
63	63	official of the county entitled to serve process, ordering the official to cause the landlord to 10
64	64	have again and repossess the property by putting the landlord, or the landlord’s duly 11
65	65	qualified agent or attorney, in possession of the property, and for that purpose to remove 12
66	66	from the property, by force if necessary, all the furniture, implements, tools, goods, effects 13
67	67	or other [chattels of every description whatsoever] PERSONAL PROPERTY belonging to the 14
68	68	tenant, or to any person claiming or holding by or under the tenant. 15
69	69
70	70	8–402. 16
71	71
72	72	(a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and 17
73	73	someone holding under the tenant, who shall unlawfully hold over beyond the expiration of 18
74	74	the lease or termination of the tenancy, shall be liable to the landlord for the actual 19
75	75	damages caused by the holding over. 20
76	76
77	77	(b) (2) (i) [If upon] SUBJECT TO § 8–407 OF THIS SUBTITLE , IF ON 21
78	78	hearing the parties, or [in case] IF the tenant or person in possession [shall neglect to] 22
79	79	DOES NOT appear after the summons and continuance, the court [shall find] FINDS that 23
80	80	the landlord had been in possession of the leased property, that the [said] tenancy is fully 24
81	81	ended and expired, that due notice to [quit as aforesaid had been] VACATE THE PROPERTY 25
82	82	WAS given to the tenant or person in possession and that the tenant or person in possession 26
83	83	[had] refused so to do, the court shall [thereupon] give judgment for the restitution of the 27
84	84	possession of [said] THE premises and shall [forthwith] IMMEDIATELY issue [its] A 28
85	85	warrant OF RESTITUTION to the sheriff or a constable in the respective counties 29
86	86	commanding the tenant or person in possession [forthwith] to deliver FULL POSSESSION 30
87	87	OF THE PROPERTY IMMEDIATELY to the landlord [possession thereof in as full and ample 31
88	88	manner as the landlord was possessed of the same at the time when the tenancy was made], 32
89	89	and [shall give] ENTER judgment for costs against the tenant or person in possession [so] 33
90	90	holding over. 34
91	91
92	92	8–402.1. 35
93	93
94	94	(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 36
95	95	for a stated term provides that the landlord may repossess the premises prior to the 37 HOUSE BILL 1093 3
96	96
97	97
98	98	expiration of the stated term if the tenant breaches the lease, the landlord may make 1
99	99	complaint in writing to the District Court of the county where the premises is located if: 2
100	100
101	101	1. The tenant breaches the lease; 3
102	102
103	103	2. A. The landlord has given the tenant 30 days’ written 4
104	104	notice that the tenant is in violation of the lease and the landlord desires to repossess the 5
105	105	leased premises; or 6
106	106
107	107	B. The breach of the lease involves behavior by a tenant or a 7
108	108	person who is on the property with the tenant’s consent, which demonstrates a clear and 8
109	109	imminent danger of the tenant or person doing serious harm to themselves, other tenants, 9
110	110	the landlord, the landlord’s property or representatives, or any other person on the property 10
111	111	and the landlord has given the tenant or person in possession 14 days’ written notice that 11
112	112	the tenant or person in possession is in violation of the lease and the landlord desires to 12
113	113	repossess the leased premises; and 13
114	114
115	115	3. The tenant or person in actual possession of the premises 14
116	116	refuses to comply. 15
117	117
118	118	(ii) The court shall summons immediately the tenant or person in 16
119	119	possession to appear before the court on a day stated in the summons to show cause, if any, 17
120	120	why restitution of the possession of the leased premises should not be made to the landlord. 18
121	121
122	122	(b) (1) [If] SUBJECT TO § 8–407 OF THIS SUBTITLE, IF the court determines 19
123	123	that the tenant breached the terms of the lease and that the breach was substantial and 20
124	124	warrants an eviction, the court shall give judgment for the restitution of the possession of 21
125	125	the premises and issue its warrant OF RESTITUTION to the sheriff or a constable 22
126	126	commanding the tenant to deliver possession to the landlord in as full and ample manner 23
127	127	as the landlord was possessed of the same at the time when the lease was entered into. The 24
128	128	court shall give judgment for costs against the tenant or person in possession. 25
129	129
130	130	8–407. 26
131	131
132	132	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
133	133	INDICATED. 28
134	134
135	135	(2) “DWELLING UNIT” MEANS THAT PORTION O F A BUILDING THAT IS 29
136	136	DESIGNATED, INTENDED, OR ARRANGED FOR USE OR OCCUPANCY AS A RE SIDENCE 30
137	137	BY ONE OR MORE PERSONS , INCLUDING A RENTED R OOM IN A SINGLE –FAMILY 31
138	138	HOUSE. 32
139	139
140	140	(3) “MOVING EXPENSES ” MEANS COSTS INCURRED TO: 33
141	141
142	142	(I) PACK, UNPACK, STORE, OR TRANSPORT PERSONAL 34
143	143	PROPERTY; 35 4 HOUSE BILL 1093
144	144
145	145
146	146
147	147	(II) DISCONNECT AND INSTAL L PERSONAL PROPERTY ; 1
148	148
149	149	(III) INSURE PERSONAL PRO PERTY TO BE MOVED ; OR 2
150	150
151	151	(IV) DISCONNECT OR RECONNECT UTILITIES , INCLUDING 3
152	152	TELEPHONE SERVICE , GAS, WATER, AND ELECTRICITY . 4
153	153
154	154	(4) “MOVING SERVICES ” MEANS SERVICES FOR T HE LOADING , 5
155	155	PACKING, TRANSPORTING , UNLOADING, OR OTHERWISE TAKING POSSESSION OR 6
156	156	CONTROL OF PERSONAL PROPERTY FOR THE PURPOSE OF MOVING THE PROPERTY 7
157	157	TO ANOTHER LOCATION . 8
158	158
159	159	(B) THIS SECTION APPLIES ONLY TO A LANDLORD WHO OFFERS NINE OR 9
160	160	FEWER DWELLING UNITS . 10
161	161
162	162	(C) IF A WARRANT OF RESTITUTION IS EXECU TED TO PUT A LANDLOR D IN 11
163	163	POSSESSION OF RESIDENTIAL PROPERTY UNDER § 8–401, § 8–402, OR § 8–402.1 OF 12
164	164	THIS SUBTITLE OR AN EQUIVALENT PROVISION OF LOCAL LAW , THE PERSONAL 13
165	165	PROPERTY OF THE TENA NT SHALL BE DEEMED A BANDONED AN D MAY BE PLACED IN 14
166	166	A PUBLIC RIGHT–OF–WAY ABUTTING THE PRO PERTY. 15
167	167
168	168	(D) A COUNTY OR A MUNICIPA LITY MAY NOT ENACT O R ENFORCE A LOCAL 16
169	169	LAW OR ORDINANCE REQUIRING A LANDLORD TO COMPENSATE A TENANT FOR 17
170	170	MOVING EXPENSES OR PROVIDE MOVING S ERVICES OR SUPPLIES TO A TENANT IN 18
171	171	CONNECTION WITH AN ACTION FOR POSSES SION UNDER § 8–401, § 8–402, OR § 19
172	172	8–402.1 OF THIS SUBTITLE OR UNDER AN EQUIVALENT PROVIS ION OF LOCAL LAW . 20
173	173
174	174	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21
175	175	apply only prospectively and may not be applied or interpreted to have any effect on or 22
176	176	application to any cause of action for repossession for failure to pay rent, breach of lease, or 23
177	177	tenant holdovers before the effective date of this Act. 24
178	178
179	179	SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
180	180	the application of any provision of this Act to any person or circumstance is held invalid for 26
181	181	any reason in a court of competent jurisdiction, the invalidity does not affect other 27
182	182	provisions or any other application of this Act that can be given effect without the invalid 28
183	183	provision or application, and for this purpose the provisions of this Act are declared 29
184	184	severable. 30
185	185
186	186	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
187	187	1, 2025. 32