EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1093*
HOUSE BILL 1093
N1 5lr2831
By: Delegate Roberts
Introduced and read first time: February 5, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Landlord and Tenant – Evictions – Tenant’s Personal Property and Moving 2
Expenses and Services 3
(Small Landlord Eviction Relief Act) 4
FOR the purpose of providing for the disposition of a tenant’s personal property in certain 5
evictions; prohibiting a county or municipality from enacting or enforcing a local law 6
or ordinance requiring a certain landlord to compensate a tenant for certain moving 7
expenses or to provide certain moving services or supplies in connection with an 8
eviction; and generally relating to repossession of residential rental property. 9
BY repealing and reenacting, without amendments, 10
Article – Real Property 11
Section 8–401(a), 8–402(a)(1), and 8–402.1(a)(1) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Real Property 16
Section 8–401(f)(1)(i), 8–402(b)(2)(i), and 8–402.1(b)(1) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Real Property 21
Section 8–407 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1093
Article – Real Property 1
8–401. 2
(a) Whenever the tenant or tenants fail to pay the rent when due and payable, it 3
shall be lawful for the landlord to have again and repossess the premises in accordance 4
with this section. 5
(f) (1) (i) Subject to the provisions of paragraph (2) of this subsection AND 6
§ 8–407 OF THIS SUBTITLE , if judgment is given in favor of the landlord, and the tenant 7
fails to comply with the requirements of the order within 7 days, the court shall, at any 8
time after the expiration of the 7 days, issue its warrant OF RESTITUTION , directed to any 9
official of the county entitled to serve process, ordering the official to cause the landlord to 10
have again and repossess the property by putting the landlord, or the landlord’s duly 11
qualified agent or attorney, in possession of the property, and for that purpose to remove 12
from the property, by force if necessary, all the furniture, implements, tools, goods, effects 13
or other [chattels of every description whatsoever] PERSONAL PROPERTY belonging to the 14
tenant, or to any person claiming or holding by or under the tenant. 15
8–402. 16
(a) (1) A tenant under any periodic tenancy, or at the expiration of a lease, and 17
someone holding under the tenant, who shall unlawfully hold over beyond the expiration of 18
the lease or termination of the tenancy, shall be liable to the landlord for the actual 19
damages caused by the holding over. 20
(b) (2) (i) [If upon] SUBJECT TO § 8–407 OF THIS SUBTITLE , IF ON 21
hearing the parties, or [in case] IF the tenant or person in possession [shall neglect to] 22
DOES NOT appear after the summons and continuance, the court [shall find] FINDS that 23
the landlord had been in possession of the leased property, that the [said] tenancy is fully 24
ended and expired, that due notice to [quit as aforesaid had been] VACATE THE PROPERTY 25
WAS given to the tenant or person in possession and that the tenant or person in possession 26
[had] refused so to do, the court shall [thereupon] give judgment for the restitution of the 27
possession of [said] THE premises and shall [forthwith] IMMEDIATELY issue [its] A 28
warrant OF RESTITUTION to the sheriff or a constable in the respective counties 29
commanding the tenant or person in possession [forthwith] to deliver FULL POSSESSION 30
OF THE PROPERTY IMMEDIATELY to the landlord [possession thereof in as full and ample 31
manner as the landlord was possessed of the same at the time when the tenancy was made], 32
and [shall give] ENTER judgment for costs against the tenant or person in possession [so] 33
holding over. 34
8–402.1. 35
(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 36
for a stated term provides that the landlord may repossess the premises prior to the 37 HOUSE BILL 1093 3
expiration of the stated term if the tenant breaches the lease, the landlord may make 1
complaint in writing to the District Court of the county where the premises is located if: 2
1. The tenant breaches the lease; 3
2. A. The landlord has given the tenant 30 days’ written 4
notice that the tenant is in violation of the lease and the landlord desires to repossess the 5
leased premises; or 6
B. The breach of the lease involves behavior by a tenant or a 7
person who is on the property with the tenant’s consent, which demonstrates a clear and 8
imminent danger of the tenant or person doing serious harm to themselves, other tenants, 9
the landlord, the landlord’s property or representatives, or any other person on the property 10
and the landlord has given the tenant or person in possession 14 days’ written notice that 11
the tenant or person in possession is in violation of the lease and the landlord desires to 12
repossess the leased premises; and 13
3. The tenant or person in actual possession of the premises 14
refuses to comply. 15
(ii) The court shall summons immediately the tenant or person in 16
possession to appear before the court on a day stated in the summons to show cause, if any, 17
why restitution of the possession of the leased premises should not be made to the landlord. 18
(b) (1) [If] SUBJECT TO § 8–407 OF THIS SUBTITLE, IF the court determines 19
that the tenant breached the terms of the lease and that the breach was substantial and 20
warrants an eviction, the court shall give judgment for the restitution of the possession of 21
the premises and issue its warrant OF RESTITUTION to the sheriff or a constable 22
commanding the tenant to deliver possession to the landlord in as full and ample manner 23
as the landlord was possessed of the same at the time when the lease was entered into. The 24
court shall give judgment for costs against the tenant or person in possession. 25
8–407. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) “DWELLING UNIT” MEANS THAT PORTION O F A BUILDING THAT IS 29
DESIGNATED, INTENDED, OR ARRANGED FOR USE OR OCCUPANCY AS A RE SIDENCE 30
BY ONE OR MORE PERSONS , INCLUDING A RENTED R OOM IN A SINGLE –FAMILY 31
HOUSE. 32
(3) “MOVING EXPENSES ” MEANS COSTS INCURRED TO: 33
(I) PACK, UNPACK, STORE, OR TRANSPORT PERSONAL 34
PROPERTY; 35 4 HOUSE BILL 1093
(II) DISCONNECT AND INSTAL L PERSONAL PROPERTY ; 1
(III) INSURE PERSONAL PRO PERTY TO BE MOVED ; OR 2
(IV) DISCONNECT OR RECONNECT UTILITIES , INCLUDING 3
TELEPHONE SERVICE , GAS, WATER, AND ELECTRICITY . 4
(4) “MOVING SERVICES ” MEANS SERVICES FOR T HE LOADING , 5
PACKING, TRANSPORTING , UNLOADING, OR OTHERWISE TAKING POSSESSION OR 6
CONTROL OF PERSONAL PROPERTY FOR THE PURPOSE OF MOVING THE PROPERTY 7
TO ANOTHER LOCATION . 8
(B) THIS SECTION APPLIES ONLY TO A LANDLORD WHO OFFERS NINE OR 9
FEWER DWELLING UNITS . 10
(C) IF A WARRANT OF RESTITUTION IS EXECU TED TO PUT A LANDLOR D IN 11
POSSESSION OF RESIDENTIAL PROPERTY UNDER § 8–401, § 8–402, OR § 8–402.1 OF 12
THIS SUBTITLE OR AN EQUIVALENT PROVISION OF LOCAL LAW , THE PERSONAL 13
PROPERTY OF THE TENA NT SHALL BE DEEMED A BANDONED AN D MAY BE PLACED IN 14
A PUBLIC RIGHT–OF–WAY ABUTTING THE PRO PERTY. 15
(D) A COUNTY OR A MUNICIPA LITY MAY NOT ENACT O R ENFORCE A LOCAL 16
LAW OR ORDINANCE REQUIRING A LANDLORD TO COMPENSATE A TENANT FOR 17
MOVING EXPENSES OR PROVIDE MOVING S ERVICES OR SUPPLIES TO A TENANT IN 18
CONNECTION WITH AN ACTION FOR POSSES SION UNDER § 8–401, § 8–402, OR § 19
8–402.1 OF THIS SUBTITLE OR UNDER AN EQUIVALENT PROVIS ION OF LOCAL LAW . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21
apply only prospectively and may not be applied or interpreted to have any effect on or 22
application to any cause of action for repossession for failure to pay rent, breach of lease, or 23
tenant holdovers before the effective date of this Act. 24
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 25
the application of any provision of this Act to any person or circumstance is held invalid for 26
any reason in a court of competent jurisdiction, the invalidity does not affect other 27
provisions or any other application of this Act that can be given effect without the invalid 28
provision or application, and for this purpose the provisions of this Act are declared 29
severable. 30
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2025. 32