EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0271*
HOUSE BILL 271
N1 5lr0665
HB 757/23 – JUD (PRE–FILED)
By: Delegate Addison
Requested: August 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Real Property – Expedited Wrongful Detainer Proceedings – Property for Sale 2
or Lease 3
FOR the purpose of requiring certain expedited proceedings in a wrongful detainer action 4
if the property that is the subject of the action is, at the time of the complaint, 5
advertised or listed for sale or lease by the complainant and requiring that notice of 6
a hearing or appeal be served in person or, under certain circumstances, posted 7
conspicuously on the property; requiring the District Court or the circuit court to 8
issue a warrant within a certain number of hours if the court rules in favor of the 9
complainant in an expedited wrongful detainer action; and generally relating to a 10
wrongful detainer action for possession of real property. 11
BY repealing and reenacting, with amendments, 12
Article – Real Property 13
Section 14–132 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Real Property 19
14–132. 20
(a) In this section, “wrongful detainer” means to hold possession of real property 21
without the right of possession. 22
(b) This section does not apply if: 23
2 HOUSE BILL 271
(1) The person in actual possession of the property has been granted 1
possession under a court order; 2
(2) A remedy is available under Title 8 of this article; or 3
(3) Any other exclusive means to recover possession is provided by statute 4
or rule. 5
(c) A person may not hold possession of property unless the person is entitled to 6
possession of the property under the law. 7
(d) (1) If a person violates subsection (c) of this section, a person claiming 8
possession may make complaint in writing to the District Court of the county in which the 9
property is located. 10
(2) A COMPLAINT MADE UNDER PARAGRAPH (1) OF THIS SUBSECTION 11
IS SUBJECT TO EXPEDI TED PROCEEDINGS IN A CCORDANCE WITH SUBSE CTION (K) 12
OF THIS SECTION IF T HE PROPERTY THAT IS THE SUBJECT OF THE C OMPLAINT IS, 13
AT THE TIME OF THE COMP LAINT, ADVERTISED FOR SALE OR LEASE OR LISTED F OR 14
SALE OR LEASE ON A L OCAL MULTIPLE LISTIN G SERVICE. 15
[(2)] (E) (1) On receipt of a complaint under [paragraph (1) of this] 16
subsection (D) OF THIS SECTION , the court shall summons immediately the person in 17
possession to appear before the court on the day specified in the summons to show cause, if 18
any, why restitution of the possession of the property to the person filing the complaint 19
should not be made. 20
[(3)] (2) If, for any reason, the person in actual possession cannot be 21
found, the person authorized to serve process by the Maryland Rules shall affix an attested 22
copy of the summons conspicuously on the property. 23
[(4)] (3) If notice of the summons is sent to the person in possession by 24
first–class mail, the affixing of the summons in accordance with paragraph [(3)] (2) of this 25
subsection shall constitute sufficient service to support restitution of possession. 26
[(e)] (F) A counterclaim or cross–claim may not be filed in an action brought 27
under this section. 28
[(f)] (G) (1) If the court determines that the complainant is legally entitled 29
to possession, the court shall: 30
(i) Give judgment for restitution of the possession of the property to 31
the complainant; and 32
(ii) Issue its warrant to the sheriff or constable commanding the 33
sheriff or constable to deliver possession to the complainant. 34 HOUSE BILL 271 3
(2) The court may also give judgment in favor of the complainant for 1
damages due to the wrongful detainer and for court costs and attorney fees if: 2
(i) The complainant claimed damages in the complaint; and 3
(ii) The court finds that: 4
1. The person in actual possession was personally served 5
with the summons; or 6
2. There was service of process or submission to the 7
jurisdiction of the court as would support a judgment in contract or tort. 8
(3) A person in actual possession who is not personally served with a 9
summons is not subject to the personal jurisdiction of the District Court if the person 10
appears in response to the summons and prior to the time that evidence is taken by the 11
court and asserts that the appearance is only for the purpose of defending an in rem action. 12
[(g)] (H) Subject to § 8–118.1 of this article, a party to a wrongful detainer action 13
brought in the District Court under this section may demand a trial by jury in accordance 14
with Title 8, Subtitle 6 of this article. 15
[(h)] (I) (1) Not later than 10 days from the entry of the judgment of the 16
District Court, either party may appeal to the circuit court for the county in which the 17
property is located. 18
(2) The person in actual possession of the property may retain possession 19
until the determination of the appeal if the person: 20
(i) Files with the court an affidavit that the appeal is not taken for 21
delay; and 22
(ii) 1. Files sufficient bond with one or more securities 23
conditioned on diligent prosecution of the appeal; or 24
2. Pays to the complainant or into the appellate court: 25
A. The fair rental value of the property for the entire period 26
of possession up to the date of judgment; 27
B. All court costs in the case; 28
C. All losses or damages other than the fair rental value of 29
the property up to the day of judgment that the court determined to be due because of the 30
detention of possession; and 31
4 HOUSE BILL 271
D. The fair rental value of the property during the pendency 1
of the appeal. 2
(3) On application of either party, the court shall set a hearing date for the 3
appeal that is not less than 5 days or more than 15 days after the application for appeal. 4
(4) Notice of the order for a hearing shall be served on the parties or the 5
parties’ counsels not less than 5 days before the hearing. 6
[(i)] (J) If the judgment of the circuit court shall be in favor of the person 7
claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed 8
immediately to execute the warrant. 9
(K) IF THE PROPERTY THAT IS THE SUBJECT OF A COMPLAINT UNDER THIS 10
SECTION IS, AT THE TIME OF THE C OMPLAINT, ADVERTISED FOR SALE OR LEASE OR 11
LISTED FOR SALE OR LEASE ON A LOCAL MUL TIPLE LISTING SERVIC E, WRONGFUL 12
DETAINER PROCEEDINGS UNDER THIS SECTION S HALL BE EXPEDITED AS FOLLOWS: 13
(1) (I) THE DISTRICT COURT SHALL SUMMONS I MMEDIATELY , IN 14
PERSON, THE PERSON IN ACTUAL POSSESSION OF THE PR OPERTY TO APPEAR 15
BEFORE THE COURT ON THE DAY SPECIFIED IN THE SUM MONS, WHICH MAY NOT BE 16
MORE THAN 5 DAYS AFTER THE FILIN G OF THE COMPLAINT ; AND 17
(II) IF, FOR ANY REASON , THE PERSON CANNOT BE FOUND, THE 18
PERSON AUTHORIZED TO SERVE PROCESS BY THE MARYLAND RULES SHALL AFFIX 19
AN ATTESTED COPY OF THE S UMMONS CONSPICUOUSLY ON THE PROPERTY ; 20
(2) THE DISTRICT COURT SHALL ISSUE A R ULING ON THE 21
COMPLAINT WITHIN 2 DAYS AFTER THE HEARI NG; 22
(3) (I) AN APPEAL AUTHORIZED UNDER SUBSECTION (I) OF THIS 23
SECTION MAY BE FILED WITH THE CIRCUIT CO URT FOR THE COUNTY I N WHICH THE 24
PROPERTY IS LOCATED BY EITHER PARTY WITH IN 2 DAYS AFTER THE ENTRY OF 25
JUDGMENT OF THE DISTRICT COURT; 26
(II) 1. THE CIRCUIT COURT SHA LL SET A HEARING DAT E FOR 27
AN APPEAL UNDER THIS PARAGRAPH WITHIN 3 DAYS AFTER THE APPLI CATION FOR 28
APPEAL; AND 29
2. THE CIRCUIT COURT SHA LL SERVE IMMEDIATELY 30
AND IN PERSON NOTICE OF THE ORDER FOR THE HEARING ON THE PARTI ES OR THE 31
PARTIES’ COUNSELS; AND 32
(III) THE JUDGMENT OF THE C IRCUIT COURT SHALL B E ISSUED 33 HOUSE BILL 271 5
WITHIN 2 DAYS AFTER THE APPEA L HAS BEEN HEARD ; AND 1
(4) IF THE DISTRICT COURT, OR THE CIRCUIT COURT IN THE EVENT 2
OF AN APPEAL, RULES IN FAVOR OF TH E COMPLAINANT : 3
(I) A WARRANT SHALL BE ISS UED BY THE COURT TO THE 4
SHERIFF WITHIN 24 HOURS AFTER THE RULI NG; AND 5
(II) THE SHERIFF SHA LL PROCEED IMMEDIATE LY TO EXECUTE 6
THE WARRANT . 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2025. 9