EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0767*
HOUSE BILL 767
N1 5lr1736
HB 1114/24 – ENT CF SB 442
By: Delegates Terrasa, Acevero, Atterbeary, Boyce, Ebersole, Fair, Feldmark, Hill,
Kaufman, Lehman, R. Lewis, Palakovich Carr, Pasteur, Ruth,
White Holland, Wilkins, and Williams
Introduced and read first time: January 29, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Real Property – Landlord and Tenant – Procedures for Failure to Pay Rent, 2
Breach of Lease, and Tenant Holding Over 3
(Tenant Possessions Recovery Act) 4
FOR the purpose of requiring a landlord to provide certain notice to a tenant when a court 5
has issued a warrant of restitution for a failure of a tenant to pay rent, a breach of 6
lease, or a tenant holding over under certain circumstances; establishing certain 7
procedures and requirements for the execution of a warrant for repossession; 8
providing for the disposition of certain personal property following the execution of 9
a warrant of restitution; establishing that this Act does not restrict the authority of 10
the State or a local jurisdiction to enact certain legislation; and generally relating to 11
repossession for failure to pay rent, breach of lease, and tenant holdovers. 12
BY repealing and reenacting, with amendments, 13
Article – Real Property 14
Section 8–401(f), (g), and (h), 8–402(b), and 8–402.1 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Real Property 19
Section 8–401(g) and 8–407 20
Annotated Code of Maryland 21
(2023 Replacement Volume and 2024 Supplement) 22
Preamble 23
WHEREAS, Failing to provide a tenant with reasonable notice and an opportunity 24
to reclaim their personal belongings after an eviction is inconsistent with human dignity 25 2 HOUSE BILL 767
and human rights and creates an increased potential for violent confrontations on eviction; 1
and 2
WHEREAS, Landlords should not be burdened with removing a tenant’s personal 3
belongings and placing them into public view immediately on eviction of the tenant; and 4
WHEREAS, Neighborhoods benefit from having a tenant’s personal belongings 5
safely stored rather than becoming a source of blight in the community; now, therefore, 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Real Property 9
8–401. 10
(f) (1) (i) [Subject] EXCEPT AS PROVIDED IN § 8–407 OF THIS 11
SUBTITLE AND SUBJECT to the provisions of paragraph (2) of this subsection, if judgment 12
is given in favor of the landlord, and the tenant fails to comply with the requirements of 13
the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue 14
its warrant, directed to any official of the county entitled to serve process, ordering the 15
official to cause the landlord to have again and repossess the property by putting the 16
landlord, or the landlord’s duly qualified agent or attorney, in possession of the property[, 17
and for that purpose to remove from the property, by force if necessary, all the furniture, 18
implements, tools, goods, effects or other chattels of every description whatsoever belonging 19
to the tenant, or to any person claiming or holding by or under the tenant]. 20
(ii) If the landlord does not order a warrant of restitution within 60 21
days from the later of the date of judgment or the expiration date of any stay of execution: 22
1. The judgment for possession shall be stricken; and 23
2. The judgment shall be applied to the number of judgments 24
necessary to foreclose a tenant’s right to redemption of the leased premises as established 25
in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 26
the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 27
(iii) If the landlord orders a warrant of restitution but takes no action 28
on the warrant within 60 days from the later of the date the court issues the order for the 29
warrant or the date as otherwise extended by the court: 30
1. The warrant of restitution shall expire and the judgment 31
for possession shall be stricken; and 32
2. The judgment shall be applied to the number of judgments 33
necessary to foreclose a tenant’s right to redemption of the leased premises as established 34 HOUSE BILL 767 3
in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 1
the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 2
(2) (i) The administrative judge of any district shall stay the execution 3
of a warrant of restitution of a residential property, from day to day, in the event of extreme 4
weather conditions affecting the residential property, including: 5
1. A temperature or next–day forecasted temperature of 32 6
degrees Fahrenheit or lower; 7
2. A winter storm warning or blizzard warning issued by the 8
National Weather Service; 9
3. A hurricane warning or tropical storm warning issued by 10
the National Weather Service; and 11
4. An excessive heat warning issued by the National 12
Weather Service. 13
(ii) When a stay has been granted under this paragraph, the 14
execution of the warrant of restitution for which the stay has been granted shall be given 15
priority and completed within 5 days after the extreme weather conditions cease. 16
(G) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 17
EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 18
[(g)] (H) (1) Subject to paragraph (3) of this subsection, in any action of 19
summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 20
the landlord restitution of the leased premises, the tenant shall have the right to 21
redemption of the leased premises by tendering in cash, certified check, or money order to 22
the landlord or the landlord’s agent all past due amounts, as determined by the court under 23
subsection (e) of this section, plus all court awarded costs and fees, at any time before actual 24
execution of the eviction order. 25
(2) An electronic or written check issued by a political subdivision or on 26
behalf of a governmental entity shall have the same legal effect as a payment made by the 27
tenant under paragraph (1) of this subsection. 28
(3) This subsection does not apply to any tenant against whom three 29
judgments of possession have been entered for rent due and unpaid in the 12 months prior 30
to the initiation of the action to which this subsection otherwise would apply. 31
[(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 32
District Court to the circuit court for any county at any time within 4 days from the 33
rendition of the judgment. 34
4 HOUSE BILL 767
(2) The tenant, in order to stay any execution of the judgment, shall give a 1
bond to the landlord with one or more sureties, who are owners of sufficient property in the 2
State of Maryland, with condition to prosecute the appeal with effect, and answer to the 3
landlord in all costs and damages mentioned in the judgment, and other damages as shall 4
be incurred and sustained by reason of the appeal. 5
(3) The bond shall not affect in any manner the right of the landlord to 6
proceed against the tenant, assignee or subtenant for any and all rents that may become 7
due and payable to the landlord after the rendition of the judgment. 8
8–402. 9
(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for 10
any definite term or at will, and the landlord shall desire to repossess the property after 11
the expiration of the term for which it was leased and shall give notice as required under 12
subsection (c) of this section to the tenant or to the person actually in possession of the 13
property to remove from the property at the end of the term, and if the tenant or person in 14
actual possession shall refuse to comply, the landlord may make complaint in writing to 15
the District Court of the county where the property is located. 16
(ii) 1. The court shall issue a summons directed to any constable 17
or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify 18
the tenant, assignee, or subtenant to appear on a day stated in the summons before the 19
court to show cause why restitution should not be made to the landlord. 20
2. The constable or sheriff shall serve the summons on the 21
tenant, assignee, or subtenant on the property, or on the known or authorized agent of the 22
tenant, assignee, or subtenant. 23
3. If, for any reason those persons cannot be found, the 24
constable or sheriff shall affix an attested copy of the summons conspicuously on the 25
property. 26
4. After notice to the tenant, assignee, or subtenant by 27
first–class mail, the affixing of the summons on the property shall be conclusively presumed 28
to be a sufficient service to support restitution. 29
(iii) [Upon] ON the failure of either of the parties to appear before 30
the court on the day stated in the summons, the court may continue the case to a day not 31
less than 6 [nor] DAYS OR more than 10 days after the day first stated and notify the 32
parties of the continuance. 33
(2) (i) If [upon] ON hearing the parties, or in case the tenant or person 34
in possession shall neglect to appear after the summons and continuance the court shall 35
find that the landlord had been in possession of the leased property, that the said tenancy 36
is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant 37
or person in possession and that the tenant or person in possession had refused so to do, 38 HOUSE BILL 767 5
the court shall [thereupon] give judgment for the restitution of the possession of said 1
premises and shall forthwith issue its warrant to the sheriff or a constable in the respective 2
counties commanding the tenant or person in possession forthwith to deliver to the landlord 3
possession thereof in as full and ample manner as the landlord was possessed of the same 4
at the time when the tenancy was made, and shall give judgment for costs against the 5
tenant or person in possession so holding over. 6
(ii) Either party shall have the right to appeal therefrom to the 7
circuit court for the county within 10 days from the judgment. 8
(iii) If the tenant appeals and files with the District Court an affidavit 9
that the appeal is not taken for delay, and also a good and sufficient bond with one or more 10
securities conditioned that the tenant will prosecute the appeal with effect and well and 11
truly pay all rent in arrears and all costs in the case before the District Court and in the 12
appellate court and all loss or damage which the landlord may suffer by reason of the 13
tenant’s holding over, including the value of the premises during the time the tenant shall 14
so hold over, then the tenant or person in possession of said premises may retain possession 15
thereof until the determination of said appeal. 16
(iv) The appellate court shall, [upon] ON application of either party, 17
set a day for the hearing of the appeal, not less than 5 [nor] DAYS OR more than 15 days 18
after the application, and notice for the order for a hearing shall be served on the opposite 19
party or that party’s counsel at least 5 days before the hearing. 20
(v) If the judgment of the District Court shall be in favor of the 21
landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed 22
forthwith to execute the warrant. 23
(3) A WARRANT OF RESTITUTI ON UNDER PARAGRAPH (2)(I) OF THIS 24
SUBSECTION SHALL BE EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 25
8–407 OF THIS SUBTITLE . 26
8–402.1. 27
(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 28
for a stated term provides that the landlord may repossess the premises prior to the 29
expiration of the stated term if the tenant breaches the lease, the landlord may make 30
complaint in writing to the District Court of the county where the premises is located if: 31
1. The tenant breaches the lease; 32
2. A. The landlord has given the tenant 30 days’ written 33
notice that the tenant is in violation of the lease and the landlord desires to repossess the 34
leased premises; or 35
6 HOUSE BILL 767
B. The breach of the lease involves behavior by a tenant or a 1
person who is on the property with the tenant’s consent, which demonstrates a clear and 2
imminent danger of the tenant or person doing serious harm to themselves, other tenants, 3
the landlord, the landlord’s property or representatives, or any other person on the property 4
and the landlord has given the tenant or person in possession 14 days’ written notice that 5
the tenant or person in possession is in violation of the lease and the landlord desires to 6
repossess the leased premises; and 7
3. The tenant or person in actual possession of the premises 8
refuses to comply. 9
(ii) The court shall summons immediately the tenant or person in 10
possession to appear before the court on a day stated in the summons to show cause, if any, 11
why restitution of the possession of the leased premises should not be made to the landlord. 12
(2) (i) If, for any reason, the tenant or person in actual possession 13
cannot be found, the constable or sheriff shall affix an attested copy of the summons 14
conspicuously on the property. 15
(ii) After notice is sent to the tenant or person in possession by 16
first–class mail, the affixing of the summons on the property shall be conclusively presumed 17
to be a sufficient service to support restitution. 18
(3) If either of the parties fails to appear before the court on the day stated 19
in the summons, the court may continue the case for not less than [six nor] 6 DAYS OR 20
more than 10 days and notify the parties of the continuance. 21
(b) (1) If the court determines that the tenant breached the terms of the lease 22
and that the breach was substantial and warrants an eviction, the court shall give 23
judgment for the restitution of the possession of the premises and issue its warrant to the 24
sheriff or a constable commanding the tenant to deliver possession to the landlord in as full 25
and ample manner as the landlord was possessed of the same at the time when the lease 26
was entered into. The court shall give judgment for costs against the tenant or person in 27
possession. 28
(2) Either party may appeal to the circuit court for the county, within [ten] 29
10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit 30
that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities 31
conditioned [upon] ON diligent prosecution of the appeal; (iii) pays all rent in arrears, all 32
court costs in the case; and (iv) pays all losses or damages which the landlord may suffer 33
by reason of the tenant’s holding over, the tenant or person in possession of the premises 34
may retain possession until the determination of the appeal. [Upon] ON application of 35
either party, the court shall set a day for the hearing of the appeal not less than [five nor] 36
5 DAYS OR more than 15 days after the application, and notice of the order for a hearing 37
shall be served on the other party or that party’s counsel at least [five] 5 days before the 38 HOUSE BILL 767 7
hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be 1
issued by the court which hears the appeal to the sheriff, who shall execute the warrant. 2
(C) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 3
EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 4
[(c)] (D) (1) Acceptance of any payment after notice but before eviction shall 5
not operate as a waiver of any notice of breach of lease or any judgment for possession 6
unless the parties specifically otherwise agree in writing. 7
(2) Any payment accepted shall be first applied to the rent or the 8
equivalent of rent apportioned to the date that the landlord actually recovers possession of 9
the premises, then to court costs, including court awarded damages and legal fees and then 10
to any loss of rent caused by the breach of lease. 11
(3) Any payment which is accepted in excess of the rent referred to in 12
paragraph (2) of this subsection shall not bear interest but will be returned to the tenant 13
in the same manner as security deposits as defined under § 8–203 of this title but shall not 14
be subject to the penalties of that section. 15
8–407. 16
(A) THIS SECTION APPLIES TO A WARRANT OF REST ITUTION ISSUED TO A 17
LANDLORD TO TAKE POS SESSION OF RESIDENTI AL PROPERTY UNDER § 8–401, § 18
8–402, OR § 8–402.1 OF THIS SUBTITLE OR AN EQUIVALENT PROVIS ION OF PUBLIC 19
LOCAL LAW. 20
(B) (1) AFTER A COURT HAS ISS UED A WARRANT OF RES TITUTION, THE 21
LANDLORD SHALL , AT LEAST 14 DAYS BEFORE THE SCHE DULED DATE OF 22
REPOSSESSION AS SET BY THE SHERIFF, PROVIDE WRITTEN NOTI CE TO THE TENANT 23
OF THE DATE ON WHICH THE WARRANT OF RESTI TUTION IS SCHEDULE D TO BE 24
EXECUTED BY: 25
(I) SENDING THE NOTICE BY FIRST–CLASS MAIL WITH 26
CERTIFICATE OF MAILI NG; AND 27
(II) POSTING THE NOTICE ON THE FRONT DOOR OF TH E LEASED 28
PREMISES AND TAKING A DATE–STAMPED PHOTOGRAPH O F THE NOTICE POSTED ON 29
THE FRONT DOOR . 30
(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 31
SUBSECTION SHALL INC LUDE: 32
(I) THE DISTRICT COURT SUMMARY EJECTME NT CASE 33
NUMBER; 34 8 HOUSE BILL 767
(II) THE TENANT ’S NAME AS STATED IN THE SUMMARY 1
EJECTMENT CASE ; 2
(III) THE ADDRESS OF THE LE ASED PREMISES ; 3
(IV) THE DATE ON WHICH THE WARRANT OF RESTITUTI ON WAS 4
ORDERED BY THE DISTRICT COURT; 5
(V) THE SCHEDULED DATE OF THE EVICTION; 6
(VI) A STATEMENT THAT THE R EPOSSESSION MAY OCCU R 7
UNLESS THE TENANT : 8
1. RETURNS POSSESSION OF THE LEASED PREMISES TO 9
THE LANDLORD; OR 10
2. FOR A WARRANT OF REST ITUTION ISSUED UNDER § 11
8–401 OF THIS SUBTITLE , EXERCISES THE RIGHT TO REDEMPTION UNDER § 8–401 12
OF THIS SUBTITLE, IF AVAILABLE; 13
(VII) IF THE TENANT STILL H AS A RIGHT TO REDEMP TION OF THE 14
LEASED PREMISES UNDER § 8–401(H) OF THIS SUBTITLE , A STATEMENT SHOWING 15
THE AMOUNT STILL DUE TO REDEEM THE PROPER TY; 16
(VIII) A STATEMENT THAT IF TH E EVICTION OCCURS : 17
1. WITHIN 10 DAYS AFTER THE EVICT ION DATE, THE 18
TENANT MAY RECLAIM A LL OF THE TENANT ’S PERSONAL PROPERTY THAT WAS IN OR 19
AROUND THE LEASED PR EMISES ON OR AFTER T HE EVICTION DATE ; AND 20
2. AFTER 10 DAYS AFTER THE EVICT ION DATE, THE 21
TENANT’S REMAINING PERSONAL PROPERTY WILL BE CON SIDERED ABANDONED 22
AND MAY BE DISPOSED OF; 23
(IX) A STATEMENT INFORMING THE TENANT AS TO HOW THE 24
TENANT MAY OBTAIN AN Y PERSONAL PROPERTY LEFT IN OR ABOUT THE LEASED 25
PREMISES AFTER THE E VICTION OCCURS ; 26
(X) A STATEMENT THAT THE N OTICE IS THE FINAL N OTICE TO 27
THE TENANT OF THE IN TENDED REPOSSESSION , EVEN IF THE REPOSSES SION IS 28
STAYED FOR ANY REASO N; AND 29
HOUSE BILL 767 9
(XI) THE TELEPHONE NUMBER , E–MAIL ADDRESS , AND MAILING 1
ADDRESS AT WHICH THE LANDLORD MAY BE CONT ACTED. 2
(3) A LANDLORD MAY CHARGE THE TENANT FOR EXPEN SES 3
ACTUALLY INCURRED IN PROVIDING NOTICE UND ER PARAGRAPH (1) OF THIS 4
SUBSECTION IN AN AMOUNT NOT TO EXCEED $5. 5
(4) THERE IS A REBUTTABLE PRESUMPTION THAT A T ENANT WAS 6
NOTIFIED AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION I F THE 7
LANDLORD PROVIDES TO THE SHERIFF OR CONSTABLE : 8
(I) THE CERTIFICATE OF MA ILING; 9
(II) A PHOTOGRAPH OF THE NO TICE POSTED ON THE F RONT 10
DOOR OF THE LEASED P REMISES CONTAINING A READABLE TIMESTAMP I NDICATING 11
THE DATE AND TIME TH AT THE NOTICE WAS PO STED; AND 12
(III) A SIGNED AFFIDAVIT OF THE PERSON WHO POSTE D THE 13
NOTICE ON THE FRONT DOOR OF THE LEASED PREMISES . 14
(5) (I) IF THE SHERIFF REASON ABLY BELIEVES THAT T HE 15
LANDLORD HAS NOT PRO VIDED THE NOTICE REQ UIRED UNDER PARAGRAP H (1) OF 16
THIS SUBSECTION OR T HAT THE TENANT MAY H AVE REDEEMED THE PRO PERTY, THE 17
SHERIFF: 18
1. SHALL NOTIFY THE DISTRICT COURT; AND 19
2. MAY NOT EXECUTE THE W ARRANT OF RESTITUTIO N 20
WITHOUT FURTHER ORDE R OF THE DISTRICT COURT. 21
(II) IF THE DISTRICT COURT FINDS THAT THE LANDLORD DID 22
NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION , 23
THE DISTRICT COURT SHALL VACATE TH E WARRANT OF RESTITU TION. 24
(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(5) OF THIS SECTION, IF THE 25
LANDLORD PRESENTS TH E DOCUMENTATION LIST ED IN SUBSECTION (B)(1) OF THIS 26
SECTION, THE SHERIFF OR CONSTABLE : 27
(1) SHALL FILE THE DOCUME NTATION WITH THE CLERK O F THE 28
COURT; AND 29
10 HOUSE BILL 767
(2) MAY EXECUTE THE WARRA NT OF RESTITUTION BY PUTTING THE 1
LANDLORD IN POSSESSI ON OF THE PREMISES , WITHOUT THE REMOVAL OF ANY 2
PERSONAL PROPERTY FR OM THE PREMISES . 3
(D) IF A TENANT IS NOT PR ESENT DURING THE EXE CUTION OF THE 4
WARRANT OF RESTITUTI ON, THE SHERIFF OR CONSTABLE SHALL POST A NOTICE ON 5
THE FRONT DOOR OF TH E PREMISES STATING T HAT REPOSSESSION OF THE 6
PREMISES HAS BEEN CO MPLETED AND THAT THE TENANT HAS 10 DAYS TO RECLAIM 7
THE TENANT’S PERSONAL PROPERTY . 8
(E) (1) (I) A TENANT SHALL HAVE 10 DAYS FOLLOWING THE 9
EXECUTION OF A WARRA NT OF RESTITUTION UN DER SUBSECTION (C) OF THIS 10
SECTION TO RECOVER P ERSONAL PROPERTY FRO M THE PREMISES OR AN OTHER 11
REASONABLY SECURE LO CATION CHOSEN BY THE LANDLORD . 12
(II) A LANDLORD MAY NOT CHA RGE A TENANT ANY FEE FOR 13
STORING THE TENANT ’S PERSONAL PROPERTY DURING THE 10–DAY PERIOD 14
ESTABLISHED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH . 15
(2) DURING THE 10–DAY PERIOD ESTABLISH ED UNDER PARAGRAPH 16
(1) OF THIS SUBSECTION : 17
(I) THE LANDLORD SHALL MA KE THE TENANT ’S PERSONAL 18
PROPERTY REASONABLY AVAILABLE FOR PURPOS ES OF RECLAMATION ; AND 19
(II) THE LANDLORD IS NOT L IABLE TO THE TENANT FOR ANY 20
LOSSES RELATING TO T HE PERSONAL PROPERTY UNLESS THE LOSS IS THE RESULT 21
OF A DELIBERATE OR N EGLIGENT ACT ON THE PART OF THE LANDLORD . 22
(3) A TENANT MAY NOT WAIVE THE RIGHT TO RECLAIM PERSONAL 23
PROPERTY UNDER THIS SUBSECTION. 24
(F) (1) UNLESS THE LANDLORD A ND TENANT AGREE OTHE RWISE, 25
PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES OR IN THE 26
REASONABLY SECURE ST ORAGE LOCATION CHOSE N BY THE LANDLORD FO LLOWING 27
THE 10–DAY PERIOD ESTABLISH ED UNDER SUBSECTION (E)(1) OF THIS SECTION 28
SHALL BE DEEMED ABAN DONED. 29
(2) THE LANDLORD OR ANY P ERSON ACTING ON THE LANDLORD’S 30
BEHALF MAY NOT BE HE LD LIABLE FOR ANY LO SS OF OR DAMAGE TO P ROPERTY 31
DEEMED ABANDONED UND ER THIS SUBSECTION . 32
HOUSE BILL 767 11
(3) (I) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 1
SUBSECTION, A LANDLORD MAY DISPO SE OF ABANDONED PROP ERTY BY: 2
1. TRANSPORTATIO N TO A LICENSED LAND FILL OR 3
SOLID WASTE FACILITY ; 4
2. DONATION TO CHARITY ; 5
3. SALE; OR 6
4. ANY OTHER LEGAL MEANS . 7
(II) IF A LANDLORD DISPOSE S OF ABANDONED PROPE RTY BY 8
SALE, THE TENANT SHALL BE ENTITLED TO ANY PROC EEDS OF THE SALE THA T 9
EXCEED ANY BACK RENT , MOVE–OUT COSTS, OR DAMAGE FEES OWED BY THE 10
TENANT TO THE LANDLO RD. 11
(4) PROPERTY DEEMED ABAND ONED UNDER THIS SUBS ECTION MAY 12
NOT BE PLACED IN A P UBLIC RIGHT–OF–WAY OR ON ANY PUBLIC PROPERTY. 13
(5) NOTWITHSTANDING ANY O THER PROVISION OF THIS SECTION, ON 14
THE EXECUTION OF A W ARRANT OF RESTITUTIO N, A LANDLORD IS NOT PR OHIBITED 15
FROM: 16
(I) DISPOSING OF ABANDONE D PROPERTY CONSISTIN G OF 17
PERISHABLE FOOD , HAZARDOUS MATERIALS , OR TRASH; OR 18
(II) TRANSFERRING AN ANIMA L TO AN ANIMAL CONTR OL 19
OFFICER, A HUMANE SOCIETY , OR ANY OTHER PERSON WILLING TO PROVIDE C ARE 20
FOR THE ANIMAL . 21
(G) NOTHING IN THIS SECTI ON MAY BE INTERPRETE D TO RESTRICT THE 22
AUTHORITY OF THE STATE AND LOCAL JURIS DICTIONS TO ENACT LE GISLATION 23
GOVERNING LANDLORDS AND TENANTS , INCLUDING LEGISLATION ESTABLISHING 24
PENALTIES FOR A VIOL ATION OF THIS SECTIO N. 25
(H) IF A COURT FINDS IN F AVOR OF A TENANT BAS ED ON A VIOLATION OF 26
THIS SECTION, THE TENANT IS ENTITL ED TO: 27
(1) ACTUAL DAMAGES ; 28
(2) REASONABLE ATTORNEY ’S FEES AND COSTS ; 29
12 HOUSE BILL 767
(3) INJUNCTIVE RELIEF TO RECOVER POSSESSION O F THE LEASED 1
PREMISES OR PERSONAL PROPERTY; OR 2
(4) ANY OTHER REMEDY THE COURT MAY FIND REASO NABLE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 4
apply only prospectively and may not be applied or interpreted to have any effect on or 5
application to any cause of action for repossession for failure to pay rent, breach of lease, or 6
tenant holdovers filed before the effective date of this Act. 7
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2025. 9