Maryland 2025 Regular Session

Maryland House Bill HB271 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 EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0271
6	6
7	7	HOUSE BILL 271
8	8	N1 5lr0665
9	9	HB 757/23 – JUD (PRE–FILED)
10	10	By: Delegate Addison
11	11	Requested: August 9, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Judiciary
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Real Property – Expedited Wrongful Detainer Proceedings – Property for Sale 2
20	20	or Lease 3
21	21
22	22	FOR the purpose of requiring certain expedited proceedings in a wrongful detainer action 4
23	23	if the property that is the subject of the action is, at the time of the complaint, 5
24	24	advertised or listed for sale or lease by the complainant and requiring that notice of 6
25	25	a hearing or appeal be served in person or, under certain circumstances, posted 7
26	26	conspicuously on the property; requiring the District Court or the circuit court to 8
27	27	issue a warrant within a certain number of hours if the court rules in favor of the 9
28	28	complainant in an expedited wrongful detainer action; and generally relating to a 10
29	29	wrongful detainer action for possession of real property. 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Real Property 13
33	33	Section 14–132 14
34	34	Annotated Code of Maryland 15
35	35	(2023 Replacement Volume and 2024 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Real Property 19
41	41
42	42	14–132. 20
43	43
44	44	(a) In this section, “wrongful detainer” means to hold possession of real property 21
45	45	without the right of possession. 22
46	46
47	47	(b) This section does not apply if: 23
48	48	2 HOUSE BILL 271
49	49
50	50
51	51	(1) The person in actual possession of the property has been granted 1
52	52	possession under a court order; 2
53	53
54	54	(2) A remedy is available under Title 8 of this article; or 3
55	55
56	56	(3) Any other exclusive means to recover possession is provided by statute 4
57	57	or rule. 5
58	58
59	59	(c) A person may not hold possession of property unless the person is entitled to 6
60	60	possession of the property under the law. 7
61	61
62	62	(d) (1) If a person violates subsection (c) of this section, a person claiming 8
63	63	possession may make complaint in writing to the District Court of the county in which the 9
64	64	property is located. 10
65	65
66	66	(2) A COMPLAINT MADE UNDER PARAGRAPH (1) OF THIS SUBSECTION 11
67	67	IS SUBJECT TO EXPEDI TED PROCEEDINGS IN A CCORDANCE WITH SUBSE CTION (K) 12
68	68	OF THIS SECTION IF T HE PROPERTY THAT IS THE SUBJECT OF THE C OMPLAINT IS, 13
69	69	AT THE TIME OF THE COMP LAINT, ADVERTISED FOR SALE OR LEASE OR LISTED F OR 14
70	70	SALE OR LEASE ON A L OCAL MULTIPLE LISTIN G SERVICE. 15
71	71
72	72	[(2)] (E) (1) On receipt of a complaint under [paragraph (1) of this] 16
73	73	subsection (D) OF THIS SECTION , the court shall summons immediately the person in 17
74	74	possession to appear before the court on the day specified in the summons to show cause, if 18
75	75	any, why restitution of the possession of the property to the person filing the complaint 19
76	76	should not be made. 20
77	77
78	78	[(3)] (2) If, for any reason, the person in actual possession cannot be 21
79	79	found, the person authorized to serve process by the Maryland Rules shall affix an attested 22
80	80	copy of the summons conspicuously on the property. 23
81	81
82	82	[(4)] (3) If notice of the summons is sent to the person in possession by 24
83	83	first–class mail, the affixing of the summons in accordance with paragraph [(3)] (2) of this 25
84	84	subsection shall constitute sufficient service to support restitution of possession. 26
85	85
86	86	[(e)] (F) A counterclaim or cross–claim may not be filed in an action brought 27
87	87	under this section. 28
88	88
89	89	[(f)] (G) (1) If the court determines that the complainant is legally entitled 29
90	90	to possession, the court shall: 30
91	91
92	92	(i) Give judgment for restitution of the possession of the property to 31
93	93	the complainant; and 32
94	94
95	95	(ii) Issue its warrant to the sheriff or constable commanding the 33
96	96	sheriff or constable to deliver possession to the complainant. 34 HOUSE BILL 271 3
97	97
98	98
99	99
100	100	(2) The court may also give judgment in favor of the complainant for 1
101	101	damages due to the wrongful detainer and for court costs and attorney fees if: 2
102	102
103	103	(i) The complainant claimed damages in the complaint; and 3
104	104
105	105	(ii) The court finds that: 4
106	106
107	107	1. The person in actual possession was personally served 5
108	108	with the summons; or 6
109	109
110	110	2. There was service of process or submission to the 7
111	111	jurisdiction of the court as would support a judgment in contract or tort. 8
112	112
113	113	(3) A person in actual possession who is not personally served with a 9
114	114	summons is not subject to the personal jurisdiction of the District Court if the person 10
115	115	appears in response to the summons and prior to the time that evidence is taken by the 11
116	116	court and asserts that the appearance is only for the purpose of defending an in rem action. 12
117	117
118	118	[(g)] (H) Subject to § 8–118.1 of this article, a party to a wrongful detainer action 13
119	119	brought in the District Court under this section may demand a trial by jury in accordance 14
120	120	with Title 8, Subtitle 6 of this article. 15
121	121
122	122	[(h)] (I) (1) Not later than 10 days from the entry of the judgment of the 16
123	123	District Court, either party may appeal to the circuit court for the county in which the 17
124	124	property is located. 18
125	125
126	126	(2) The person in actual possession of the property may retain possession 19
127	127	until the determination of the appeal if the person: 20
128	128
129	129	(i) Files with the court an affidavit that the appeal is not taken for 21
130	130	delay; and 22
131	131
132	132	(ii) 1. Files sufficient bond with one or more securities 23
133	133	conditioned on diligent prosecution of the appeal; or 24
134	134
135	135	2. Pays to the complainant or into the appellate court: 25
136	136
137	137	A. The fair rental value of the property for the entire period 26
138	138	of possession up to the date of judgment; 27
139	139
140	140	B. All court costs in the case; 28
141	141
142	142	C. All losses or damages other than the fair rental value of 29
143	143	the property up to the day of judgment that the court determined to be due because of the 30
144	144	detention of possession; and 31
145	145	4 HOUSE BILL 271
146	146
147	147
148	148	D. The fair rental value of the property during the pendency 1
149	149	of the appeal. 2
150	150
151	151	(3) On application of either party, the court shall set a hearing date for the 3
152	152	appeal that is not less than 5 days or more than 15 days after the application for appeal. 4
153	153
154	154	(4) Notice of the order for a hearing shall be served on the parties or the 5
155	155	parties’ counsels not less than 5 days before the hearing. 6
156	156
157	157	[(i)] (J) If the judgment of the circuit court shall be in favor of the person 7
158	158	claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed 8
159	159	immediately to execute the warrant. 9
160	160
161	161	(K) IF THE PROPERTY THAT IS THE SUBJECT OF A COMPLAINT UNDER THIS 10
162	162	SECTION IS, AT THE TIME OF THE C OMPLAINT, ADVERTISED FOR SALE OR LEASE OR 11
163	163	LISTED FOR SALE OR LEASE ON A LOCAL MUL TIPLE LISTING SERVIC E, WRONGFUL 12
164	164	DETAINER PROCEEDINGS UNDER THIS SECTION S HALL BE EXPEDITED AS FOLLOWS: 13
165	165
166	166	(1) (I) THE DISTRICT COURT SHALL SUMMONS I MMEDIATELY , IN 14
167	167	PERSON, THE PERSON IN ACTUAL POSSESSION OF THE PR OPERTY TO APPEAR 15
168	168	BEFORE THE COURT ON THE DAY SPECIFIED IN THE SUM MONS, WHICH MAY NOT BE 16
169	169	MORE THAN 5 DAYS AFTER THE FILIN G OF THE COMPLAINT ; AND 17
170	170
171	171	(II) IF, FOR ANY REASON , THE PERSON CANNOT BE FOUND, THE 18
172	172	PERSON AUTHORIZED TO SERVE PROCESS BY THE MARYLAND RULES SHALL AFFIX 19
173	173	AN ATTESTED COPY OF THE S UMMONS CONSPICUOUSLY ON THE PROPERTY ; 20
174	174
175	175	(2) THE DISTRICT COURT SHALL ISSUE A R ULING ON THE 21
176	176	COMPLAINT WITHIN 2 DAYS AFTER THE HEARI NG; 22
177	177
178	178	(3) (I) AN APPEAL AUTHORIZED UNDER SUBSECTION (I) OF THIS 23
179	179	SECTION MAY BE FILED WITH THE CIRCUIT CO URT FOR THE COUNTY I N WHICH THE 24
180	180	PROPERTY IS LOCATED BY EITHER PARTY WITH IN 2 DAYS AFTER THE ENTRY OF 25
181	181	JUDGMENT OF THE DISTRICT COURT; 26
182	182
183	183	(II) 1. THE CIRCUIT COURT SHA LL SET A HEARING DAT E FOR 27
184	184	AN APPEAL UNDER THIS PARAGRAPH WITHIN 3 DAYS AFTER THE APPLI CATION FOR 28
185	185	APPEAL; AND 29
186	186
187	187	2. THE CIRCUIT COURT SHA LL SERVE IMMEDIATELY 30
188	188	AND IN PERSON NOTICE OF THE ORDER FOR THE HEARING ON THE PARTI ES OR THE 31
189	189	PARTIES’ COUNSELS; AND 32
190	190
191	191	(III) THE JUDGMENT OF THE C IRCUIT COURT SHALL B E ISSUED 33 HOUSE BILL 271 5
192	192
193	193
194	194	WITHIN 2 DAYS AFTER THE APPEA L HAS BEEN HEARD ; AND 1
195	195
196	196	(4) IF THE DISTRICT COURT, OR THE CIRCUIT COURT IN THE EVENT 2
197	197	OF AN APPEAL, RULES IN FAVOR OF TH E COMPLAINANT : 3
198	198
199	199	(I) A WARRANT SHALL BE ISS UED BY THE COURT TO THE 4
200	200	SHERIFF WITHIN 24 HOURS AFTER THE RULI NG; AND 5
201	201
202	202	(II) THE SHERIFF SHA LL PROCEED IMMEDIATE LY TO EXECUTE 6
203	203	THE WARRANT . 7
204	204
205	205	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
206	206	October 1, 2025. 9
207	207