EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0767*
HOUSE BILL 767
N1 (5lr1736)
ENROLLED BILL
— Environment and Transportation/Judicial Proceedings —
Introduced by Delegates Terrasa, Acevero, Atterbeary, Boyce, Ebersole, Fair,
Feldmark, Hill, Kaufman, Lehman, R. Lewis, Palakovich Carr, Pasteur,
Ruth, White Holland, Wilkins, and Williams Williams, Allen, Behler, Foley,
Healey, Stein, and Stewart
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o ’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
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 2 HOUSE BILL 767
BY repealing and reenacting, with amendments, 1
Article – Real Property 2
Section 8–401(f), (g), and (h), 8–402(b), and 8–402.1 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Real Property 7
Section 8–401(g) and 8–407 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2024 Supplement) 10
Preamble 11
WHEREAS, Failing to provide a tenant with reasonable notice and an opportunity 12
to reclaim their personal belongings after of an eviction is inconsistent with human dignity 13
and human rights and creates an increased potential for violent confrontations on eviction; 14
and 15
WHEREAS, Landlords should not be burdened with removing a tenant’s personal 16
belongings and placing them into public view immediately on eviction of the tenant; and 17
WHEREAS, Neighborhoods benefit from having a tenant’s personal be longings 18
safely stored rather than becoming a source of blight in the community; now, therefore, 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Real Property 22
8–401. 23
(f) (1) (i) [Subject] EXCEPT AS PROVIDED IN § 8–407 OF THIS 24
SUBTITLE AND SUBJECT to the provisions of paragraph (2) of this subsection, if judgment 25
is given in favor of the landlord, and the tenant fails to comply with the requirements of 26
the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue 27
its warrant, directed to any official of the county entitled to serve process, ordering the 28
official to cause the landlord to have again and repossess the property by putting the 29
landlord, or the landlord’s duly qualified agent or attorney, in possession of the property[, 30
and for that purpose to remove from the property, by force if necessary, all the furniture, 31
implements, tools, goods, effects or other chattels of every description whatsoever belonging 32
to the tenant, or to any person claiming or holding by or under the tenant]. 33
(ii) If the landlord does not order a warrant of restitution within 60 34
days from the later of the date of judgment or the expiration date of any stay of execution: 35 HOUSE BILL 767 3
1. The judgment for possession shall be stricken; and 1
2. The judgment shall be applied to the number of judgments 2
necessary to foreclose a tenant’s right to redemption of the leased premises as established 3
in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 4
the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 5
(iii) If the landlord orders a warrant of restitution but takes no action 6
on the warrant within 60 days from the later of the date the court issues the order for the 7
warrant or the date as otherwise extended by the court: 8
1. The warrant of restitution shall expire and the judgment 9
for possession shall be stricken; and 10
2. The judgment shall be applied to the number of judgments 11
necessary to foreclose a tenant’s right to redemption of the leased premises as established 12
in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 13
the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 14
(2) (i) The administrative judge of any district shall stay the execution 15
of a warrant of restitution of a residential property, from day to day, in the event of extreme 16
weather conditions affecting the residential property, including: 17
1. A temperature or next–day forecasted temperature of 32 18
degrees Fahrenheit or lower; 19
2. A winter storm warning or blizzard warning issued by the 20
National Weather Service; 21
3. A hurricane warning or tropical storm warning issued by 22
the National Weather Service; and 23
4. An excessive heat warning issued by the National 24
Weather Service. 25
(ii) When a stay has been granted under this paragraph, the 26
execution of the warrant of restitution for which the stay has been granted shall be given 27
priority and completed within 5 days after the extreme weather conditions cease. 28
(G) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 29
EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 30
[(g)] (H) (1) Subject to paragraph (3) of this subsection, in any action of 31
summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 32
the landlord restitution of the leased premises, the tenant shall have the right to 33 4 HOUSE BILL 767
redemption of the leased premises by tendering in cash, certified check, or money order to 1
the landlord or the landlord’s agent all past due amounts, as determined by the court under 2
subsection (e) of this section, plus all court awarded costs and fees, at any time before actual 3
execution of the eviction order. 4
(2) An electronic or written check issued by a political subdivision or on 5
behalf of a governmental entity shall have the same legal effect as a payment made by the 6
tenant under paragraph (1) of this subsection. 7
(3) This subsection does not apply to any tenant against whom three 8
judgments of possession have been entered for rent due and unpaid in the 12 months prior 9
to the initiation of the action to which this subsection otherwise would apply. 10
[(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 11
District Court to the circuit court for any county at any time within 4 days from the 12
rendition of the judgment. 13
(2) The tenant, in order to stay any execution of the judgment, shall give a 14
bond to the landlord with one or more sureties, who are owners of sufficient property in the 15
State of Maryland, with condition to prosecute the appeal with effect, and answer to the 16
landlord in all costs and damages mentioned in the judgment, and other damages as shall 17
be incurred and sustained by reason of the appeal. 18
(3) The bond shall not affect in any manner the right of the landlord to 19
proceed against the tenant, assignee or subtenant for any and all rents that may become 20
due and payable to the landlord after the rendition of the judgment. 21
8–402. 22
(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for 23
any definite term or at will, and the landlord shall desire to repossess the property after 24
the expiration of the term for which it was leased and shall give notice as required under 25
subsection (c) of this section to the tenant or to the person actually in possession of the 26
property to remove from the property at the end of the term, and if the tenant or person in 27
actual possession shall refuse to comply, the landlord may make complaint in writing to 28
the District Court of the county where the property is located. 29
(ii) 1. The court shall issue a summons directed to any constable 30
or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify 31
the tenant, assignee, or subtenant to appear on a day stated in the summons before the 32
court to show cause why restitution should not be made to the landlord. 33
2. The constable or sheriff shall serve the summons on the 34
tenant, assignee, or subtenant on the property, or on the known or authorized agent of the 35
tenant, assignee, or subtenant. 36
HOUSE BILL 767 5
3. If, for any reason those persons cannot be found, the 1
constable or sheriff shall affix an attested copy of the summons conspicuously on the 2
property. 3
4. After notice to the tenant, assignee, or subtenant by 4
first–class mail, the affixing of the summons on the property shall be conclusively presumed 5
to be a sufficient service to support restitution. 6
(iii) [Upon] ON the failure of either of the parties to appear before 7
the court on the day stated in the summons, the court may continue the case to a day not 8
less than 6 [nor] DAYS OR more than 10 days after the day first stated and notify the 9
parties of the continuance. 10
(2) (i) If [upon] ON hearing the parties, or in case the tenant or person 11
in possession shall neglect to appear after the summons and continuance the court shall 12
find that the landlord had been in possession of the leased property, that the said tenancy 13
is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant 14
or person in possession and that the tenant or person in possession had refused so to do, 15
the court shall [thereupon] give judgment for the restitution of the possession of said 16
premises and shall forthwith issue its warrant to the sheriff or a constable in the respective 17
counties commanding the tenant or person in possession forthwith to deliver to the landlord 18
possession thereof in as full and ample manner as the landlord was possessed of the same 19
at the time when the tenancy was made, and shall give judgment for costs against the 20
tenant or person in possession so holding over. 21
(ii) Either party shall have the right to appeal therefrom to the 22
circuit court for the county within 10 days from the judgment. 23
(iii) If the tenant appeals and files with the District Court an affidavit 24
that the appeal is not taken for delay, and also a good and sufficient bond with one or more 25
securities conditioned that the tenant will prosecute the appeal with effect and well and 26
truly pay all rent in arrears and all costs in the case before the District Court and in the 27
appellate court and all loss or damage which the landlord may suffer by reason of the 28
tenant’s holding over, including the value of the premises during the time the tenant shall 29
so hold over, then the tenant or person in possession of said premises may retain possession 30
thereof until the determination of said appeal. 31
(iv) The appellate court shall, [upon] ON application of either party, 32
set a day for the hearing of the appeal, not less than 5 [nor] DAYS OR more than 15 days 33
after the application, and notice for the order for a hearing shall be served on the opposite 34
party or that party’s counsel at least 5 days before the hearing. 35
(v) If the judgment of the District Court shall be in favor of the 36
landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed 37
forthwith to execute the warrant. 38
6 HOUSE BILL 767
(3) A WARRANT OF RESTITUTI ON UNDER PARAGRAPH (2)(I) OF THIS 1
SUBSECTION SHALL BE EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 2
8–407 OF THIS SUBTITLE . 3
8–402.1. 4
(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 5
for a stated term provides that the landlord may repossess the premises prior to the 6
expiration of the stated term if the tenant breaches the lease, the landlord may make 7
complaint in writing to the District Court of the county where the premises is located if: 8
1. The tenant breaches the lease; 9
2. A. The landlord has given the tenant 30 days’ written 10
notice that the tenant is in violation of the lease and the landlord desires to repossess the 11
leased premises; or 12
B. The breach of the lease involves behavior by a tenant or a 13
person who is on the property with the tenant’s consent, which demonstrates a clear and 14
imminent danger of the tenant or person doing serious harm to themselves, other tenants, 15
the landlord, the landlord’s property or representatives, or any other person on the property 16
and the landlord has given the tenant or person in possession 14 days’ written notice that 17
the tenant or person in possession is in violation of the lease and the landlord desires to 18
repossess the leased premises; and 19
3. The tenant or person in actual possession of the premises 20
refuses to comply. 21
(ii) The court shall summons immediately the tenant or person in 22
possession to appear before the court on a day stated in the summons to show cause, if any, 23
why restitution of the possession of the leased premises should not be made to the landlord. 24
(2) (i) If, for any reason, the tenant or person in actual possession 25
cannot be found, the constable or sheriff shall affix an attested copy of the summons 26
conspicuously on the property. 27
(ii) After notice is sent to the tenant or person in possession by 28
first–class mail, the affixing of the summons on the property shall be conclusively presumed 29
to be a sufficient service to support restitution. 30
(3) If either of the parties fails to appear before the court on the day stated 31
in the summons, the court may continue the case for not less than [six nor] 6 DAYS OR 32
more than 10 days and notify the parties of the continuance. 33
(b) (1) If the court determines that the tenant breached the terms of the lease 34
and that the breach was substantial and warrants an eviction, the court shall give 35 HOUSE BILL 767 7
judgment for the restitution of the possession of the premises and issue its warrant to the 1
sheriff or a constable commanding the tenant to deliver possession to the landlord in as full 2
and ample manner as the landlord was possessed of the same at the time when the lease 3
was entered into. The court shall give judgment for costs against the tenant or person in 4
possession. 5
(2) Either party may appeal to the circuit court for the county, within [ten] 6
10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit 7
that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities 8
conditioned [upon] ON diligent prosecution of the appeal; (iii) pays all rent in arrears, all 9
court costs in the case; and (iv) pays all losses or damages which the landlord may suffer 10
by reason of the tenant’s holding over, the tenant or person in possession of the premises 11
may retain possession until the determination of the appeal. [Upon] ON application of 12
either party, the court shall set a day for the hearing of the appeal not less than [five nor] 13
5 DAYS OR more than 15 days after the application, and notice of the order for a hearing 14
shall be served on the other party or that party’s counsel at least [five] 5 days before the 15
hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be 16
issued by the court which hears the appeal to the sheriff, who shall execute the warrant. 17
(C) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 18
EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 19
[(c)] (D) (1) Acceptance of any payment after notice but before eviction shall 20
not operate as a waiver of any notice of breach of lease or any judgment for possession 21
unless the parties specifically otherwise agree in writing. 22
(2) Any payment accepted shall be first applied to the rent or the 23
equivalent of rent apportioned to the date that the landlord actually recovers possession of 24
the premises, then to court costs, including court awarded damages and legal fees and then 25
to any loss of rent caused by the breach of lease. 26
(3) Any payment which is accepted in excess of the rent referred to in 27
paragraph (2) of this subsection shall not bear interest but will be returned to the tenant 28
in the same manner as security deposits as defined under § 8–203 of this title but shall not 29
be subject to the penalties of that section. 30
8–407. 31
(A) THIS SECTION APPLIES TO A WARRANT OF REST ITUTION ISSUED TO A 32
LANDLORD TO TAKE POS SESSION OF RESIDENTI AL PROPERTY UNDER § 8–401, § 33
8–402, OR § 8–402.1 OF THIS SUBTITLE OR AN EQUIVALENT PROVIS ION OF PUBLIC 34
LOCAL LAW. 35
(B) (1) AFTER SUBJECT TO SUBSECTIO N (E) OF THIS SECTION , AFTER A 36
COURT HAS ISSUED A W ARRANT OF RESTITUTIO N, THE LANDLORD SHALL , AT LEAST 37 8 HOUSE BILL 767
14 6 DAYS BEFORE THE SCHE DULED DATE OF REPOSS ESSION AS SET BY THE 1
SHERIFF, PROVIDE WRITTEN NOTI CE TO THE TENANT OF THE DATE ON WHICH TH E 2
WARRANT OF RESTITUTION IS SCHED ULED TO BE EXECUTED BY: 3
(I) SENDING THE NOTICE BY FIRST–CLASS MAIL WITH 4
CERTIFICATE OF MAILI NG; AND 5
(II) POSTING THE NOTICE ON THE FRONT DOOR OF TH E LEASED 6
PREMISES AND TAKING A DATE–STAMPED PHOTOGRAPH O F THE NOTICE POSTED ON 7
THE FRONT DOOR ; AND 8
(III) IF THE LANDLORD KNOWS OR HAS ON FILE THE E –MAIL 9
ADDRESS OR CELLPHONE NUMBER OF THE TENANT , SENDING THE NOTICE 10
ELECTRONICALLY TO TH E TENANT BY AN E–MAIL MESSAGE OR A TE XT MESSAGE. 11
(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL INC LUDE: 13
(I) THE DISTRICT COURT SUMMARY EJECTMENT CASE 14
NUMBER; 15
(II) THE TENANT ’S NAME AS STATED IN THE SUMMARY 16
EJECTMENT CASE ; 17
(III) THE ADDRESS OF THE LE ASED PREMISES ; 18
(IV) THE DATE ON WHICH THE WARRANT OF RESTITUTI ON WAS 19
ORDERED BY THE DISTRICT COURT COURT; 20
(V) THE INITIAL SCHEDULED DATE OF TH E EVICTION; 21
(VI) A STATEMENT THAT THE R EPOSSESSION MAY OCCU R 22
UNLESS THE TENANT : 23
1. RETURNS POSSESSION OF THE LEASED PREMISES TO 24
THE LANDLORD ; OR 25
2. FOR A WARRANT OF REST ITUTION ISSUED UNDER § 26
8–401 OF THIS SUBTITLE , EXERCISES THE RIGHT TO REDEMPTION UNDER § 8–401 27
OF THIS SUBTITLE, IF AVAILABLE; 28
(VII) IF THE TENANT STILL H AS A RIGHT TO REDEMP TION OF THE 29
LEASED PREMISES UNDER § 8–401(H) OF THIS SUBTITLE , A STATEMENT SHOWING 30
THE AMOUNT STILL DUE TO REDEEM THE PROPER TY; 31 HOUSE BILL 767 9
(VIII) A STATEMENT THAT IF TH E EVICTION OCCURS : 1
1. WITHIN 10 DAYS AFTER THE EVICT ION DATE, THE 2
TENANT MAY RECLAIM A LL OF THE TENANT ’S PERSONAL PROPERTY THAT W AS IN OR 3
AROUND THE LEASED PR EMISES ON OR AFTER T HE EVICTION DATE ; AND 4
2. AFTER 10 DAYS AFTER THE EVICT ION DATE, THE 5
TENANT’S REMAINING PERSONAL PROPERTY WILL BE CON SIDERED ABANDONED 6
AND MAY BE DISPOSED OF; 7
(IX) A STATEMENT INFORMING THE TENANT AS TO HOW THE 8
TENANT MAY OBTAIN AN Y PERSONAL PROPERTY LEFT IN OR ABOUT THE LEASED 9
PREMISES AFTER THE E VICTION OCCURS ; 10
(X) A STATEMENT THAT THE N OTICE IS THE FINAL N OTICE TO 11
THE TENANT OF THE IN TENDED REPOSSESSION , EVEN IF THE REPOS SESSION IS 12
STAYED FOR ANY REASO N; 13
(IX) THE FOLLOWING STATEMENT: 14
“YOU COULD LOSE ALL YO UR PERSONAL BELONGIN GS LEFT 15
INSIDE YOUR HOME WHE N THE EVICTION OCCUR S. LOCAL LAWS AND PRACTI CES 16
ABOUT DISPOSAL OF AN Y OF YOUR PERSONAL B ELONGINGS UPON EVICT ION VARY. 17
YOU MAY SEEK ADVICE B Y CALLING 211 FOR A LEGAL REFERRAL 18
OR BY CONTACTING THE DISTRICT COURT HELP CENTER AT (INSERT THE 19
TELEPHONE NUMBER FOR THE DISTRICT COURT HELP CENTER) OR (INSERT THE 20
ADDRESS FOR THE WEBS ITE OF THE DISTRICT COURT HELP CENTER) TO SPEAK TO 21
AN ATTORNEY .”; AND 22
(XI) (X) THE TELEPHONE NUMBER , E–MAIL ADDRESS , AND 23
MAILING ADDRESS AT W HICH THE LANDLORD MA Y BE CONTACTED . 24
(3) A LANDLORD MAY CHARGE THE TENANT FOR EXPEN SES 25
ACTUALLY INCURRED IN PROVIDING NOTICE UND ER PARAGRAPH (1) OF THIS 26
SUBSECTION IN AN AMO UNT NOT TO EXCEED $5. 27
(4) THERE IS A REBUTTABLE PRESUMPTION THAT A T ENANT WAS 28
NOTIFIED AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE 29
LANDLORD PROVIDES TO THE SHERIFF OR CONST ABLE: 30
(I) THE CERTIFICATE OF MA ILING; 31
10 HOUSE BILL 767
(II) A PHOTOGRAPH OF THE NO TICE POSTED ON THE F RONT 1
DOOR OF THE LEASED P REMISES CONTAINING A READABLE TIMESTAMP I NDICATING 2
THE DATE AND TIME TH AT THE NOTICE WAS PO STED; AND 3
(III) A SIGNED AFFIDAVIT OF THE PERSON WHO POSTE D THE 4
NOTICE ON THE FRONT DOOR OF THE LEASED P REMISES. 5
(5) (I) IF THE SHERIFF REASON ABLY BELIEVES THAT T HE 6
LANDLORD HAS NOT PRO VIDED THE NOTICE REQ UIRED UNDER PARAGRAP H (1) OF 7
THIS SUBSECTION OR T HAT THE TENANT MAY H AVE REDEEMED THE PRO PERTY, THE 8
SHERIFF: 9
1. SHALL NOTIFY THE DISTRICT COURT; AND 10
2. MAY NOT EXECUTE THE W ARRANT OF RESTITUTIO N 11
WITHOUT FURTHER ORDE R OF THE DISTRICT COURT. 12
(II) IF THE DISTRICT COURT FINDS THAT THE LANDLORD DID 13
NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION , 14
THE DISTRICT COURT SHALL VACATE TH E WARRANT OF RESTITU TION. 15
(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(5) OF THIS SECTION, IF THE 16
LANDLORD PRESENTS TH E DOCUMENTATION LIST ED IN SUBSECTION (B)(1) OF THIS 17
SECTION, THE SHERIFF OR CONST ABLE SHALL: 18
(1) SHALL FILE FILE THE DOCUMENTATION WI TH THE CLERK OF THE 19
COURT; AND 20
(2) MAY SUBJECT TO § 14–806 OF THIS ARTICLE , EXECUTE THE 21
WARRANT OF RESTITUTI ON BY PUTTING THE LANDLORD IN POSSESSION OF THE 22
PREMISES, WITHOUT THE REMOVAL OF ANY PERSONAL PROP ERTY FROM THE 23
PREMISES. 24
(D) IF A TENANT IS NOT PR ESENT DURING THE EXE CUTION OF THE 25
WARRANT OF RESTITUTI ON, THE SHERIFF OR CONST ABLE SHALL POST A NO TICE ON 26
THE FRONT DOOR OF THE PREMISES STATING THAT REPOSSE SSION OF THE 27
PREMISES HAS BEEN CO MPLETED AND THAT THE TENANT HAS 10 DAYS TO RECLAIM 28
THE TENANT’S PERSONAL PROPERTY . 29
(E) (1) (I) A TENANT SHALL HAVE 10 DAYS FOLLOWING THE 30
EXECUTION OF A WARRA NT OF RESTITUTION UN DER SUBSECTION (C) OF THIS 31
SECTION TO RECOVER P ERSONAL PROPERTY FRO M THE PREMISES OR AN OTHER 32
REASONABLY SECURE LO CATION CHOSEN BY THE LANDLORD. 33
HOUSE BILL 767 11
(II) A LANDLORD MAY NOT CHA RGE A TENANT ANY FEE FOR 1
STORING THE TENANT ’S PERSONAL PROPERTY DURING THE 10–DAY PERIOD 2
ESTABLISHED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH . 3
(2) DURING THE 10–DAY PERIOD ESTABLISH ED UNDER PARAGRAPH 4
(1) OF THIS SUBSECTION : 5
(I) THE LANDLORD SHALL MA KE THE TENANT ’S PERSONAL 6
PROPERTY REASONABLY AVAILABLE FOR PURPOS ES OF RECLAMATION ; AND 7
(II) THE LANDLORD IS NOT L IABLE TO THE TENANT FOR ANY 8
LOSSES RELATING TO T HE PERSONAL PROPERTY UNLESS THE LOSS IS T HE RESULT 9
OF A DELIBERATE OR N EGLIGENT ACT ON THE PART OF THE LANDLORD . 10
(3) A TENANT MAY NOT WAIVE THE RIGHT TO RECLAIM PERSONAL 11
PROPERTY UNDER THIS SUBSECTION. 12
(F) (1) UNLESS THE LANDLORD A ND TENANT AGREE OTHE RWISE, 13
PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES OR IN THE 14
REASONABLY SECURE ST ORAGE LOCATION CHOSE N BY THE LANDLORD FO LLOWING 15
THE 10–DAY PERIOD ESTABLISH ED UNDER SUBSECTION (E)(1) OF THIS SECTION 16
SHALL BE DEEMED ABAN DONED. 17
(2) THE LANDLORD OR ANY P ERSON ACTING ON THE LANDLORD’S 18
BEHALF MAY NOT BE HE LD LIABLE FOR ANY LO SS OF OR DAMAGE TO P ROPERTY 19
DEEMED ABANDONED UND ER THIS SUBSECTION . 20
(3) (I) EXCEPT A S PROVIDED IN PARAGR APH (5) OF THIS 21
SUBSECTION, A LANDLORD MAY DISPO SE OF ABANDONED PROP ERTY BY: 22
1. TRANSPORTATION TO A L ICENSED LANDFILL OR 23
SOLID WASTE FACILITY ; 24
2. DONATION TO CHARITY ; 25
3. SALE; OR 26
4. ANY OTHER LEGAL MEANS . 27
(II) IF A LANDLORD DISPOSE S OF ABANDONED PROPE RTY BY 28
SALE, THE TENANT SHALL BE ENTITLED TO ANY PROC EEDS OF THE SALE THA T 29
EXCEED ANY BACK RENT , MOVE–OUT COSTS, OR DAMAGE FEES OWED BY THE 30
TENANT TO THE LANDLO RD. 31
12 HOUSE BILL 767
(4) PROPERTY DEEMED ABAND ONED UNDER THIS SUBSECTION MAY 1
NOT BE PLACED IN A P UBLIC RIGHT–OF–WAY OR ON ANY PUBLIC PROPERTY. 2
(5) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, ON 3
THE EXECUTION OF A W ARRANT OF RESTITUTIO N, A LANDLORD IS NOT PR OHIBITED 4
FROM: 5
(I) DISPOSING OF ABANDONE D PROPERTY CONSISTING OF 6
PERISHABLE FOOD , HAZARDOUS MATERIALS , OR TRASH; OR 7
(II) TRANSFERRING AN ANIMA L TO THAT IS NOT REMOVED 8
UNDER § 14–806 OF THIS ARTICLE TO T HE OWNER OF THE ANIM AL, AN ANIMAL 9
SHELTER, AN ANIMAL RESCUE ORG ANIZATION, AN ANIMAL CONTROL OFFICER, A 10
HUMANE SOCIETY , OR ANY OTHER PERSON WILLING TO PROVIDE C ARE FOR THE 11
ANIMAL. 12
(G) (E) NOTHING IN THIS SECTI ON MAY BE INTERPRETE D TO RESTRICT 13
THE AUTHORITY OF THE STATE AND LOCAL JURISDICTIONS TO ENACT OR ENFORCE 14
LEGISLATION GOVERNING LANDLORDS AND TENANTS , INCLUDING LEGISLATIO N 15
ESTABLISHING THAT: 16
(1) INCREASES THE MINIMUM NUMBER OF DAYS OF NO TICE REQUIRED 17
IN SUBSECTION (B)(1) OF THIS SECTION TO A S MANY AS 14 DAYS; 18
(2) DECREASES THE MINIMUM NUMBER OF DAYS OF NO TICE 19
REQUIRED IN SUBSECTI ON (B)(1) OF THIS SECTION TO A S FEW AS 4 DAYS; OR 20
(3) ESTABLISHES PENALTIES FOR A VIOL ATION OF THIS SECTIO N. 21
(H) (F) IF A COURT FINDS IN F AVOR OF A TENANT BAS ED ON A VIOLATION 22
OF THIS SECTION, THE TENANT IS ENTITL ED TO: 23
(1) ACTUAL DAMAGES ; 24
(2) REASONABLE ATTORNEY ’S FEES AND COSTS ; 25
(3) INJUNCTIVE RELIEF TO RECOVER POSSESSION O F THE LEASED 26
PREMISES OR PERSONAL PROPERTY; OR 27
(4) ANY OTHER REMEDY THE COURT MAY FIND REASO NABLE. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 29
apply only prospectively and may not be applied or interpreted to have any effect on or 30 HOUSE BILL 767 13
application to any cause of action for repossession for failure to pay rent, breach of lease, or 1
tenant holdovers filed before the effective date of this Act. 2
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.