Maryland 2025 Regular Session

Maryland House Bill HB767 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0767
10	9
11	10		HOUSE BILL 767
12		-	N1 (5lr1736)
13		-	ENROLLED BILL
14		-	— Environment and Transportation/Judicial Proceedings —
15		-	Introduced by Delegates Terrasa, Acevero, Atterbeary, Boyce, Ebersole, Fair,
16		-	Feldmark, Hill, Kaufman, Lehman, R. Lewis, Palakovich Carr, Pasteur,
17		-	Ruth, White Holland, Wilkins, and Williams Williams, Allen, Behler, Foley,
18		-	Healey, Stein, and Stewart
19		-
20		-	Read and Examined by Proofreaders:
21		-
22		-	_______________________________________________
23		-	Proofreader.
24		-	_______________________________________________
25		-	Proofreader.
26		-
27		-	Sealed with the Great Seal and presented to the Governor, for his approval this
28		-
29		-	_______ day of _______________ at ________________________ o ’clock, ________M.
30		-
31		-	______________________________________________
32		-	Speaker.
	11	+	N1 5lr1736
	12	+	HB 1114/24 – ENT CF SB 442
	13	+	By: Delegates Terrasa, Acevero, Atterbeary, Boyce, Ebersole, Fair, Feldmark, Hill,
	14	+	Kaufman, Lehman, R. Lewis, Palakovich Carr, Pasteur, Ruth,
	15	+	White Holland, Wilkins, and Williams Williams, Allen, Behler, Foley, Healey,
	16	+	Stein, and Stewart
	17	+	Introduced and read first time: January 29, 2025
	18	+	Assigned to: Environment and Transportation
	19	+	Committee Report: Favorable with amendments
	20	+	House action: Adopted
	21	+	Read second time: March 6, 2025
33	22
34	23		CHAPTER ______
35	24
36	25		AN ACT concerning 1
37	26
38	27		Real Property – Landlord and Tenant – Procedures for Failure to Pay Rent, 2
39	28		Breach of Lease, and Tenant Holding Over 3
40	29		(Tenant Possessions Recovery Act) 4
41	30
42	31		FOR the purpose of requiring a landlord to provide certain notice to a tenant when a court 5
43	32		has issued a warrant of restitution for a failure of a tenant to pay rent, a breach of 6
44	33		lease, or a tenant holding over under certain circumstances; establishing certain 7
45	34		procedures and requirements for the execution of a warrant for repossession; 8
46	35		providing for the disposition of certain personal property following the execution of 9
47	36		a warrant of restitution; establishing that this Act does not restrict the authority of 10
48	37		the State or a local jurisdiction to enact certain legislation; and generally relating to 11
49		-	repossession for failure to pay rent, breach of lease, and tenant holdovers. 12 2 HOUSE BILL 767
	38	+	repossession for failure to pay rent, breach of lease, and tenant holdovers. 12
	39	+
	40	+	BY repealing and reenacting, with amendments, 13
	41	+	Article – Real Property 14
	42	+	Section 8–401(f), (g), and (h), 8–402(b), and 8–402.1 15
	43	+	Annotated Code of Maryland 16
	44	+	(2023 Replacement Volume and 2024 Supplement) 17
	45	+
	46	+	BY adding to 18
	47	+	Article – Real Property 19
	48	+	Section 8–401(g) and 8–407 20 2 HOUSE BILL 767
	49	+
	50	+
	51	+	Annotated Code of Maryland 1
	52	+	(2023 Replacement Volume and 2024 Supplement) 2
	53	+
	54	+	Preamble 3
	55	+
	56	+	WHEREAS, Failing to provide a tenant with reasonable notice and an opportunity 4
	57	+	to reclaim their personal belongings after an eviction is inconsistent with human dignity 5
	58	+	and human rights and creates an increased potential for violent confrontations on eviction; 6
	59	+	and 7
	60	+
	61	+	WHEREAS, Landlords should not be burdened with removing a tenant’s personal 8
	62	+	belongings and placing them into public view immediately on eviction of the tenant; and 9
	63	+
	64	+	WHEREAS, Neighborhoods benefit from having a tenant’s personal belongings 10
	65	+	safely stored rather than becoming a source of blight in the community; now, therefore, 11
	66	+
	67	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
	68	+	That the Laws of Maryland read as follows: 13
	69	+
	70	+	Article – Real Property 14
	71	+
	72	+	8–401. 15
	73	+
	74	+	(f) (1) (i) [Subject] EXCEPT AS PROVIDED IN § 8–407 OF THIS 16
	75	+	SUBTITLE AND SUBJECT to the provisions of paragraph (2) of this subsection, if judgment 17
	76	+	is given in favor of the landlord, and the tenant fails to comply with the requirements of 18
	77	+	the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue 19
	78	+	its warrant, directed to any official of the county entitled to serve process, ordering the 20
	79	+	official to cause the landlord to have again and repossess the property by putting the 21
	80	+	landlord, or the landlord’s duly qualified agent or attorney, in possession of the property[, 22
	81	+	and for that purpose to remove from the property, by force if necessary, all the furniture, 23
	82	+	implements, tools, goods, effects or other chattels of every description whatsoever belonging 24
	83	+	to the tenant, or to any person claiming or holding by or under the tenant]. 25
	84	+
	85	+	(ii) If the landlord does not order a warrant of restitution within 60 26
	86	+	days from the later of the date of judgment or the expiration date of any stay of execution: 27
	87	+
	88	+	1. The judgment for possession shall be stricken; and 28
	89	+
	90	+	2. The judgment shall be applied to the number of judgments 29
	91	+	necessary to foreclose a tenant’s right to redemption of the leased premises as established 30
	92	+	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 31
	93	+	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 32
	94	+	HOUSE BILL 767 3
	95	+
	96	+
	97	+	(iii) If the landlord orders a warrant of restitution but takes no action 1
	98	+	on the warrant within 60 days from the later of the date the court issues the order for the 2
	99	+	warrant or the date as otherwise extended by the court: 3
	100	+
	101	+	1. The warrant of restitution shall expire and the judgment 4
	102	+	for possession shall be stricken; and 5
	103	+
	104	+	2. The judgment shall be applied to the number of judgments 6
	105	+	necessary to foreclose a tenant’s right to redemption of the leased premises as established 7
	106	+	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 8
	107	+	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 9
	108	+
	109	+	(2) (i) The administrative judge of any district shall stay the execution 10
	110	+	of a warrant of restitution of a residential property, from day to day, in the event of extreme 11
	111	+	weather conditions affecting the residential property, including: 12
	112	+
	113	+	1. A temperature or next–day forecasted temperature of 32 13
	114	+	degrees Fahrenheit or lower; 14
	115	+
	116	+	2. A winter storm warning or blizzard warning issued by the 15
	117	+	National Weather Service; 16
	118	+
	119	+	3. A hurricane warning or tropical storm warning issued by 17
	120	+	the National Weather Service; and 18
	121	+
	122	+	4. An excessive heat warning issued by the National 19
	123	+	Weather Service. 20
	124	+
	125	+	(ii) When a stay has been granted under this paragraph, the 21
	126	+	execution of the warrant of restitution for which the stay has been granted shall be given 22
	127	+	priority and completed within 5 days after the extreme weather conditions cease. 23
	128	+
	129	+	(G) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 24
	130	+	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 25
	131	+
	132	+	[(g)] (H) (1) Subject to paragraph (3) of this subsection, in any action of 26
	133	+	summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 27
	134	+	the landlord restitution of the leased premises, the tenant shall have the right to 28
	135	+	redemption of the leased premises by tendering in cash, certified check, or money order to 29
	136	+	the landlord or the landlord’s agent all past due amounts, as determined by the court under 30
	137	+	subsection (e) of this section, plus all court awarded costs and fees, at any time before actual 31
	138	+	execution of the eviction order. 32
	139	+
	140	+	(2) An electronic or written check issued by a political subdivision or on 33
	141	+	behalf of a governmental entity shall have the same legal effect as a payment made by the 34
	142	+	tenant under paragraph (1) of this subsection. 35
	143	+	4 HOUSE BILL 767
	144	+
	145	+
	146	+	(3) This subsection does not apply to any tenant against whom three 1
	147	+	judgments of possession have been entered for rent due and unpaid in the 12 months prior 2
	148	+	to the initiation of the action to which this subsection otherwise would apply. 3
	149	+
	150	+	[(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 4
	151	+	District Court to the circuit court for any county at any time within 4 days from the 5
	152	+	rendition of the judgment. 6
	153	+
	154	+	(2) The tenant, in order to stay any execution of the judgment, shall give a 7
	155	+	bond to the landlord with one or more sureties, who are owners of sufficient property in the 8
	156	+	State of Maryland, with condition to prosecute the appeal with effect, and answer to the 9
	157	+	landlord in all costs and damages mentioned in the judgment, and other damages as shall 10
	158	+	be incurred and sustained by reason of the appeal. 11
	159	+
	160	+	(3) The bond shall not affect in any manner the right of the landlord to 12
	161	+	proceed against the tenant, assignee or subtenant for any and all rents that may become 13
	162	+	due and payable to the landlord after the rendition of the judgment. 14
	163	+
	164	+	8–402. 15
	165	+
	166	+	(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for 16
	167	+	any definite term or at will, and the landlord shall desire to repossess the property after 17
	168	+	the expiration of the term for which it was leased and shall give notice as required under 18
	169	+	subsection (c) of this section to the tenant or to the person actually in possession of the 19
	170	+	property to remove from the property at the end of the term, and if the tenant or person in 20
	171	+	actual possession shall refuse to comply, the landlord may make complaint in writing to 21
	172	+	the District Court of the county where the property is located. 22
	173	+
	174	+	(ii) 1. The court shall issue a summons directed to any constable 23
	175	+	or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify 24
	176	+	the tenant, assignee, or subtenant to appear on a day stated in the summons before the 25
	177	+	court to show cause why restitution should not be made to the landlord. 26
	178	+
	179	+	2. The constable or sheriff shall serve the summons on the 27
	180	+	tenant, assignee, or subtenant on the property, or on the known or authorized agent of the 28
	181	+	tenant, assignee, or subtenant. 29
	182	+
	183	+	3. If, for any reason those persons cannot be found, the 30
	184	+	constable or sheriff shall affix an attested copy of the summons conspicuously on the 31
	185	+	property. 32
	186	+
	187	+	4. After notice to the tenant, assignee, or subtenant by 33
	188	+	first–class mail, the affixing of the summons on the property shall be conclusively presumed 34
	189	+	to be a sufficient service to support restitution. 35
	190	+
	191	+	(iii) [Upon] ON the failure of either of the parties to appear before 36
	192	+	the court on the day stated in the summons, the court may continue the case to a day not 37 HOUSE BILL 767 5
	193	+
	194	+
	195	+	less than 6 [nor] DAYS OR more than 10 days after the day first stated and notify the 1
	196	+	parties of the continuance. 2
	197	+
	198	+	(2) (i) If [upon] ON hearing the parties, or in case the tenant or person 3
	199	+	in possession shall neglect to appear after the summons and continuance the court shall 4
	200	+	find that the landlord had been in possession of the leased property, that the said tenancy 5
	201	+	is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant 6
	202	+	or person in possession and that the tenant or person in possession had refused so to do, 7
	203	+	the court shall [thereupon] give judgment for the restitution of the possession of said 8
	204	+	premises and shall forthwith issue its warrant to the sheriff or a constable in the respective 9
	205	+	counties commanding the tenant or person in possession forthwith to deliver to the landlord 10
	206	+	possession thereof in as full and ample manner as the landlord was possessed of the same 11
	207	+	at the time when the tenancy was made, and shall give judgment for costs against the 12
	208	+	tenant or person in possession so holding over. 13
	209	+
	210	+	(ii) Either party shall have the right to appeal therefrom to the 14
	211	+	circuit court for the county within 10 days from the judgment. 15
	212	+
	213	+	(iii) If the tenant appeals and files with the District Court an affidavit 16
	214	+	that the appeal is not taken for delay, and also a good and sufficient bond with one or more 17
	215	+	securities conditioned that the tenant will prosecute the appeal with effect and well and 18
	216	+	truly pay all rent in arrears and all costs in the case before the District Court and in the 19
	217	+	appellate court and all loss or damage which the landlord may suffer by reason of the 20
	218	+	tenant’s holding over, including the value of the premises during the time the tenant shall 21
	219	+	so hold over, then the tenant or person in possession of said premises may retain possession 22
	220	+	thereof until the determination of said appeal. 23
	221	+
	222	+	(iv) The appellate court shall, [upon] ON application of either party, 24
	223	+	set a day for the hearing of the appeal, not less than 5 [nor] DAYS OR more than 15 days 25
	224	+	after the application, and notice for the order for a hearing shall be served on the opposite 26
	225	+	party or that party’s counsel at least 5 days before the hearing. 27
	226	+
	227	+	(v) If the judgment of the District Court shall be in favor of the 28
	228	+	landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed 29
	229	+	forthwith to execute the warrant. 30
	230	+
	231	+	(3) A WARRANT OF RESTITUTI ON UNDER PARAGRAPH (2)(I) OF THIS 31
	232	+	SUBSECTION SHALL BE EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 32
	233	+	8–407 OF THIS SUBTITLE . 33
	234	+
	235	+	8–402.1. 34
	236	+
	237	+	(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 35
	238	+	for a stated term provides that the landlord may repossess the premises prior to the 36
	239	+	expiration of the stated term if the tenant breaches the lease, the landlord may make 37
	240	+	complaint in writing to the District Court of the county where the premises is located if: 38 6 HOUSE BILL 767
50	241
51	242
52	243
53		-	BY repealing and reenacting, with amendments, 1
54		-	Article – Real Property 2
55		-	Section 8–401(f), (g), and (h), 8–402(b), and 8–402.1 3
56		-	Annotated Code of Maryland 4
57		-	(2023 Replacement Volume and 2024 Supplement) 5
	244	+	1. The tenant breaches the lease; 1
58	245
59		-	BY adding to 6
60		-	Article – Real Property 7
61		-	Section 8–401(g) and 8–407 8
62		-	Annotated Code of Maryland 9
63		-	(2023 Replacement Volume and 2024 Supplement) 10
	246	+	2. A. The landlord has given the tenant 30 days’ written 2
	247	+	notice that the tenant is in violation of the lease and the landlord desires to repossess the 3
	248	+	leased premises; or 4
64	249
65		-	Preamble 11
	250	+	B. The breach of the lease involves behavior by a tenant or a 5
	251	+	person who is on the property with the tenant’s consent, which demonstrates a clear and 6
	252	+	imminent danger of the tenant or person doing serious harm to themselves, other tenants, 7
	253	+	the landlord, the landlord’s property or representatives, or any other person on the property 8
	254	+	and the landlord has given the tenant or person in possession 14 days’ written notice that 9
	255	+	the tenant or person in possession is in violation of the lease and the landlord desires to 10
	256	+	repossess the leased premises; and 11
66	257
67		-	WHEREAS, Failing to provide a tenant with reasonable notice and an opportunity 12
68		-	to reclaim their personal belongings after of an eviction is inconsistent with human dignity 13
69		-	and human rights and creates an increased potential for violent confrontations on eviction; 14
70		-	and 15
	258	+	3. The tenant or person in actual possession of the premises 12
	259	+	refuses to comply. 13
71	260
72		-	WHEREAS, Landlords should not be burdened with removing a tenant’s personal 16
73		-	belongings and placing them into public view immediately on eviction of the tenant; and 17
	261	+	(ii) The court shall summons immediately the tenant or person in 14
	262	+	possession to appear before the court on a day stated in the summons to show cause, if any, 15
	263	+	why restitution of the possession of the leased premises should not be made to the landlord. 16
74	264
75		-	WHEREAS, Neighborhoods benefit from having a tenant’s personal be longings 18
76		-	safely stored rather than becoming a source of blight in the community; now, therefore, 19
	265	+	(2) (i) If, for any reason, the tenant or person in actual possession 17
	266	+	cannot be found, the constable or sheriff shall affix an attested copy of the summons 18
	267	+	conspicuously on the property. 19
77	268
78		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
79		-	That the Laws of Maryland read as follows: 21
	269	+	(ii) After notice is sent to the tenant or person in possession by 20
	270	+	first–class mail, the affixing of the summons on the property shall be conclusively presumed 21
	271	+	to be a sufficient service to support restitution. 22
80	272
81		-	Article – Real Property 22
	273	+	(3) If either of the parties fails to appear before the court on the day stated 23
	274	+	in the summons, the court may continue the case for not less than [six nor] 6 DAYS OR 24
	275	+	more than 10 days and notify the parties of the continuance. 25
82	276
83		-	8–401. 23
	277	+	(b) (1) If the court determines that the tenant breached the terms of the lease 26
	278	+	and that the breach was substantial and warrants an eviction, the court shall give 27
	279	+	judgment for the restitution of the possession of the premises and issue its warrant to the 28
	280	+	sheriff or a constable commanding the tenant to deliver possession to the landlord in as full 29
	281	+	and ample manner as the landlord was possessed of the same at the time when the lease 30
	282	+	was entered into. The court shall give judgment for costs against the tenant or person in 31
	283	+	possession. 32
84	284
85		-	(f) (1) (i) [Subject] EXCEPT AS PROVIDED IN § 8–407 OF THIS 24
86		-	SUBTITLE AND SUBJECT to the provisions of paragraph (2) of this subsection, if judgment 25
87		-	is given in favor of the landlord, and the tenant fails to comply with the requirements of 26
88		-	the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue 27
89		-	its warrant, directed to any official of the county entitled to serve process, ordering the 28
90		-	official to cause the landlord to have again and repossess the property by putting the 29
91		-	landlord, or the landlord’s duly qualified agent or attorney, in possession of the property[, 30
92		-	and for that purpose to remove from the property, by force if necessary, all the furniture, 31
93		-	implements, tools, goods, effects or other chattels of every description whatsoever belonging 32
94		-	to the tenant, or to any person claiming or holding by or under the tenant]. 33
	285	+	(2) Either party may appeal to the circuit court for the county, within [ten] 33
	286	+	10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit 34
	287	+	that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities 35
	288	+	conditioned [upon] ON diligent prosecution of the appeal; (iii) pays all rent in arrears, all 36
	289	+	court costs in the case; and (iv) pays all losses or damages which the landlord may suffer 37 HOUSE BILL 767 7
95	290
96		-	(ii) If the landlord does not order a warrant of restitution within 60 34
97		-	days from the later of the date of judgment or the expiration date of any stay of execution: 35 HOUSE BILL 767 3
	291	+
	292	+	by reason of the tenant’s holding over, the tenant or person in possession of the premises 1
	293	+	may retain possession until the determination of the appeal. [Upon] ON application of 2
	294	+	either party, the court shall set a day for the hearing of the appeal not less than [five nor] 3
	295	+	5 DAYS OR more than 15 days after the application, and notice of the order for a hearing 4
	296	+	shall be served on the other party or that party’s counsel at least [five] 5 days before the 5
	297	+	hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be 6
	298	+	issued by the court which hears the appeal to the sheriff, who shall execute the warrant. 7
	299	+
	300	+	(C) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 8
	301	+	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 9
	302	+
	303	+	[(c)] (D) (1) Acceptance of any payment after notice but before eviction shall 10
	304	+	not operate as a waiver of any notice of breach of lease or any judgment for possession 11
	305	+	unless the parties specifically otherwise agree in writing. 12
	306	+
	307	+	(2) Any payment accepted shall be first applied to the rent or the 13
	308	+	equivalent of rent apportioned to the date that the landlord actually recovers possession of 14
	309	+	the premises, then to court costs, including court awarded damages and legal fees and then 15
	310	+	to any loss of rent caused by the breach of lease. 16
	311	+
	312	+	(3) Any payment which is accepted in excess of the rent referred to in 17
	313	+	paragraph (2) of this subsection shall not bear interest but will be returned to the tenant 18
	314	+	in the same manner as security deposits as defined under § 8–203 of this title but shall not 19
	315	+	be subject to the penalties of that section. 20
	316	+
	317	+	8–407. 21
	318	+
	319	+	(A) THIS SECTION APPLIES TO A WARRANT OF REST ITUTION ISSUED TO A 22
	320	+	LANDLORD TO TAKE POS SESSION OF RESIDENTI AL PROPERTY UNDER § 8–401, § 23
	321	+	8–402, OR § 8–402.1 OF THIS SUBTITLE OR AN EQUIVALENT PROVIS ION OF PUBLIC 24
	322	+	LOCAL LAW. 25
	323	+
	324	+	(B) (1) AFTER A COURT HAS ISS UED A WARRANT OF RESTITUTI ON, THE 26
	325	+	LANDLORD SHALL , AT LEAST 14 DAYS BEFORE THE SCHE DULED DATE OF 27
	326	+	REPOSSESSION AS SET BY THE SHERIFF, PROVIDE WRITTEN NOTI CE TO THE TENANT 28
	327	+	OF THE DATE ON WHICH THE WARRANT OF RESTI TUTION IS SCHEDULED TO BE 29
	328	+	EXECUTED BY: 30
	329	+
	330	+	(I) SENDING THE NOTICE BY FI RST–CLASS MAIL WITH 31
	331	+	CERTIFICATE OF MAILI NG; AND 32
	332	+
	333	+	(II) POSTING THE NOTICE ON THE FRONT DOOR OF TH E LEASED 33
	334	+	PREMISES AND TAKING A DATE–STAMPED PHOTOGRAPH O F THE NOTICE POSTED ON 34
	335	+	THE FRONT DOOR ; AND 35
	336	+	8 HOUSE BILL 767
	337	+
	338	+
	339	+	(III) IF THE LANDLORD KNOWS OR HAS ON FILE THE E –MAIL 1
	340	+	ADDRESS OR CELLPHONE NUMBER OF THE TENANT , SENDING THE NOTICE 2
	341	+	ELECTRONICALLY TO TH E TENANT BY AN E–MAIL MESSAGE OR A TE XT MESSAGE. 3
	342	+
	343	+	(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 4
	344	+	SUBSECTION SHALL INC LUDE: 5
	345	+
	346	+	(I) THE DISTRICT COURT SUMMARY EJECTMENT CASE 6
	347	+	NUMBER; 7
	348	+
	349	+	(II) THE TENANT ’S NAME AS STATED IN THE SUMMARY 8
	350	+	EJECTMENT CASE ; 9
	351	+
	352	+	(III) THE ADDRESS OF THE LE ASED PREMISES ; 10
	353	+
	354	+	(IV) THE DATE ON WHICH THE WARRANT OF RESTITUTI ON WAS 11
	355	+	ORDERED BY THE DISTRICT COURT COURT; 12
	356	+
	357	+	(V) THE SCHEDULED DATE OF THE EVICTION; 13
	358	+
	359	+	(VI) A STATEMENT THAT THE R EPOSSESSION MAY OCCU R 14
	360	+	UNLESS THE TENANT : 15
	361	+
	362	+	1. RETURNS POSSESSION OF THE LEASED PREMISES TO 16
	363	+	THE LANDLORD ; OR 17
	364	+
	365	+	2. FOR A WARRANT OF REST ITUTION ISSUED UNDER § 18
	366	+	8–401 OF THIS SUBTITLE , EXERCISES THE RIGHT TO REDEMPTION UNDER § 8–401 19
	367	+	OF THIS SUBTITLE, IF AVAILABLE; 20
	368	+
	369	+	(VII) IF THE TENANT STILL H AS A RIGHT TO REDEMP TION OF THE 21
	370	+	LEASED PREMISES UNDE R § 8–401(H) OF THIS SUBTITLE , A STATEMENT SHOWING 22
	371	+	THE AMOUNT STILL DUE TO REDEEM THE PROPER TY; 23
	372	+
	373	+	(VIII) A STATEMENT THAT IF TH E EVICTION OCCURS : 24
	374	+
	375	+	1. WITHIN 10 DAYS AFTER THE EVICT ION DATE, THE 25
	376	+	TENANT MAY RECLAIM A LL OF THE TENANT ’S PERSONAL PROPERTY THAT WAS IN OR 26
	377	+	AROUND THE LEASED PR EMISES ON OR AFTER T HE EVICTION DATE ; AND 27
	378	+
	379	+	2. AFTER 10 DAYS AFTER THE EVICT ION DATE, THE 28
	380	+	TENANT’S REMAINING PERSONAL PROPERTY WILL BE CON SIDERED ABANDONED 29
	381	+	AND MAY BE DISPOSED OF; 30
	382	+	HOUSE BILL 767 9
	383	+
	384	+
	385	+	(IX) A STATEMENT INFORMING THE TENANT AS TO HOW THE 1
	386	+	TENANT MAY OBTAIN AN Y PERSONAL PROPERTY LEFT IN OR ABOUT THE LEASED 2
	387	+	PREMISES AFTER THE EVICTIO N OCCURS; 3
	388	+
	389	+	(X) A STATEMENT THAT THE N OTICE IS THE FINAL N OTICE TO 4
	390	+	THE TENANT OF THE IN TENDED REPOSSESSION , EVEN IF THE REPOSSES SION IS 5
	391	+	STAYED FOR ANY REASO N; AND 6
	392	+
	393	+	(XI) THE TELEPHONE NUMBER , E–MAIL ADDRESS , AND MAILING 7
	394	+	ADDRESS AT W HICH THE LANDLORD MA Y BE CONTACTED . 8
	395	+
	396	+	(3) A LANDLORD MAY CHARGE THE TENANT FOR EXPEN SES 9
	397	+	ACTUALLY INCURRED IN PROVIDING NOTICE UND ER PARAGRAPH (1) OF THIS 10
	398	+	SUBSECTION IN AN AMO UNT NOT TO EXCEED $5. 11
	399	+
	400	+	(4) THERE IS A REBUTTABLE PRESUMPTION THAT A T ENANT WAS 12
	401	+	NOTIFIED AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION I F THE 13
	402	+	LANDLORD PROVIDES TO THE SHERIFF OR CONST ABLE: 14
	403	+
	404	+	(I) THE CERTIFICATE OF MA ILING; 15
	405	+
	406	+	(II) A PHOTOGRAPH OF THE NO TICE POSTED ON THE F RONT 16
	407	+	DOOR OF THE LEASED P REMISES CONTAINING A READABLE TIMESTAMP I NDICATING 17
	408	+	THE DATE AND TIME TH AT THE NOTICE WAS PO STED; AND 18
	409	+
	410	+	(III) A SIGNED AFFIDAVIT OF THE PERSON WHO POSTE D THE 19
	411	+	NOTICE ON THE FRONT DOOR OF THE LEASED P REMISES. 20
	412	+
	413	+	(5) (I) IF THE SHERIFF REASON ABLY BELIEVES THAT T HE 21
	414	+	LANDLORD HAS N OT PROVIDED THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF 22
	415	+	THIS SUBSECTION OR T HAT THE TENANT MAY H AVE REDEEMED THE PRO PERTY, THE 23
	416	+	SHERIFF: 24
	417	+
	418	+	1. SHALL NOTIFY THE DISTRICT COURT; AND 25
	419	+
	420	+	2. MAY NOT EXECUTE THE W ARRANT OF RESTITUTIO N 26
	421	+	WITHOUT FURTHER ORDE R OF THE DISTRICT COURT. 27
	422	+
	423	+	(II) IF THE DISTRICT COURT FINDS THAT THE LANDLORD DID 28
	424	+	NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION , 29
	425	+	THE DISTRICT COURT SHALL VACATE TH E WARRANT OF RESTITU TION. 30
	426	+	10 HOUSE BILL 767
	427	+
	428	+
	429	+	(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(5) OF THIS SECTION, IF THE 1
	430	+	LANDLORD PRESENTS TH E DOCUMENTATION LIST ED IN SUBSECTION (B)(1) OF THIS 2
	431	+	SECTION, THE SHERIFF OR CONST ABLE SHALL: 3
	432	+
	433	+	(1) SHALL FILE FILE THE DOCUMENTATION WI TH THE CLERK OF THE 4
	434	+	COURT; AND 5
	435	+
	436	+	(2) MAY SUBJECT TO § 14–806 OF THIS ARTI CLE, EXECUTE THE 6
	437	+	WARRANT OF RESTITUTI ON BY PUTTING THE LA NDLORD IN POSSESSION OF THE 7
	438	+	PREMISES, WITHOUT THE REMOVAL OF ANY PERSONAL PROP ERTY FROM THE 8
	439	+	PREMISES. 9
	440	+
	441	+	(D) IF A TENANT IS NOT PR ESENT DURING THE EXE CUTION OF THE 10
	442	+	WARRANT OF RESTITUTI ON, THE SHERIFF OR CONSTABLE SHALL P OST A NOTICE ON 11
	443	+	THE FRONT DOOR OF TH E PREMISES STATING T HAT REPOSSESSION OF THE 12
	444	+	PREMISES HAS BEEN CO MPLETED AND THAT THE TENANT HAS 10 DAYS TO RECLAIM 13
	445	+	THE TENANT’S PERSONAL PROPERTY . 14
	446	+
	447	+	(E) (1) (I) A TENANT SHALL HAVE 10 DAYS FOLLOWING T HE 15
	448	+	EXECUTION OF A WARRA NT OF RESTITUTION UN DER SUBSECTION (C) OF THIS 16
	449	+	SECTION TO RECOVER P ERSONAL PROPERTY FRO M THE PREMISES OR AN OTHER 17
	450	+	REASONABLY SECURE LO CATION CHOSEN BY THE LANDLORD. 18
	451	+
	452	+	(II) A LANDLORD MAY NOT CHA RGE A TENANT ANY FEE FOR 19
	453	+	STORING THE T ENANT’S PERSONAL PROPERTY DURING THE 10–DAY PERIOD 20
	454	+	ESTABLISHED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH . 21
	455	+
	456	+	(2) DURING THE 10–DAY PERIOD ESTABLISH ED UNDER PARAGRAPH 22
	457	+	(1) OF THIS SUBSECTION : 23
	458	+
	459	+	(I) THE LANDLORD SHALL MA KE THE TENANT ’S PERSONAL 24
	460	+	PROPERTY REASONABLY AVAILABLE FOR PURPOSES OF RECL AMATION; AND 25
	461	+
	462	+	(II) THE LANDLORD IS NOT L IABLE TO THE TENANT FOR ANY 26
	463	+	LOSSES RELATING TO T HE PERSONAL PROPERTY UNLESS THE LOSS IS T HE RESULT 27
	464	+	OF A DELIBERATE OR N EGLIGENT ACT ON THE PART OF THE LANDLORD . 28
	465	+
	466	+	(3) A TENANT MAY NOT WAIVE T HE RIGHT TO RECLAIM PERSONAL 29
	467	+	PROPERTY UNDER THIS SUBSECTION. 30
	468	+
	469	+	(F) (1) UNLESS THE LANDLORD A ND TENANT AGREE OTHE RWISE, 31
	470	+	PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES OR IN THE 32
	471	+	REASONABLY SECURE ST ORAGE LOCATION CHOSE N BY THE LANDLORD FOLLOWING 33 HOUSE BILL 767 11
	472	+
	473	+
	474	+	THE 10–DAY PERIOD ESTABLISH ED UNDER SUBSECTION (E)(1) OF THIS SECTION 1
	475	+	SHALL BE DEEMED ABAN DONED. 2
	476	+
	477	+	(2) THE LANDLORD OR ANY P ERSON ACTING ON THE LANDLORD’S 3
	478	+	BEHALF MAY NOT BE HE LD LIABLE FOR ANY LO SS OF OR DAMAGE TO P ROPERTY 4
	479	+	DEEMED ABA NDONED UNDER THIS SU BSECTION. 5
	480	+
	481	+	(3) (I) EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 6
	482	+	SUBSECTION, A LANDLORD MAY DISPO SE OF ABANDONED PROP ERTY BY: 7
	483	+
	484	+	1. TRANSPORTATION TO A L ICENSED LANDFILL OR 8
	485	+	SOLID WASTE FACILITY ; 9
	486	+
	487	+	2. DONATION TO CHARITY ; 10
	488	+
	489	+	3. SALE; OR 11
	490	+
	491	+	4. ANY OTHER LEGAL MEANS . 12
	492	+
	493	+	(II) IF A LANDLORD DISPOSE S OF ABANDONED PROPE RTY BY 13
	494	+	SALE, THE TENANT SHALL BE ENTITLED TO ANY PROC EEDS OF THE SALE THA T 14
	495	+	EXCEED ANY BACK RENT , MOVE–OUT COSTS, OR DAMAGE FEES OWED BY THE 15
	496	+	TENANT TO THE LANDLO RD. 16
	497	+
	498	+	(4) PROPERTY DEEMED ABAND ONED UNDER THIS SUBS ECTION MAY 17
	499	+	NOT BE PLACED IN A P UBLIC RIGHT–OF–WAY OR ON ANY PUBLIC PROPERTY. 18
	500	+
	501	+	(5) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, ON 19
	502	+	THE EXECUTION OF A W ARRANT OF RESTITUTIO N, A LANDLORD IS NOT PR OHIBITED 20
	503	+	FROM: 21
	504	+
	505	+	(I) DISPOSING OF ABANDONE D PROPERTY CONSISTIN G OF 22
	506	+	PERISHABLE FOOD , HAZARDOUS MATERIALS , OR TRASH; OR 23
	507	+
	508	+	(II) TRANSFERRING AN ANIMA L TO THAT IS NOT REMOVED 24
	509	+	UNDER § 14–806 OF THIS ARTICLE TO T HE OWNER OF THE ANIM AL, AN ANIMAL 25
	510	+	SHELTER, AN ANIMAL RESCUE ORGANIZATION , AN ANIMAL CONTROL OF FICER, A 26
	511	+	HUMANE SOCIETY , OR ANY OTHER PERSON WILLING TO PROVIDE C ARE FOR THE 27
	512	+	ANIMAL. 28
	513	+
	514	+	(G) NOTHING IN THIS SECTI ON MAY BE INTERPRETE D TO RESTRICT THE 29
	515	+	AUTHORITY OF THE STATE AND LOCAL JURIS DICTIONS TO ENACT LE GISLATION 30
	516	+	GOVERNING LANDLORDS AND TENANTS , INCLUDING LEGISLATIO N ESTABLISHING 31
	517	+	PENALTIES FOR A VIOL ATION OF THIS SECTIO N. 32 12 HOUSE BILL 767
98	518
99	519
100	520
101		-	1. The judgment for possession shall be stricken; and 1
	521	+	(H) IF A COURT FINDS IN F AVOR OF A TENANT BAS ED ON A VIOLATION OF 1
	522	+	THIS SECTION, THE TENANT IS ENTITL ED TO: 2
102	523
103		-	2. The judgment shall be applied to the number of judgments 2
104		-	necessary to foreclose a tenant’s right to redemption of the leased premises as established 3
105		-	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 4
106		-	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 5
	524	+	(1) ACTUAL DAMAGES ; 3
107	525
108		-	(iii) If the landlord orders a warrant of restitution but takes no action 6
109		-	on the warrant within 60 days from the later of the date the court issues the order for the 7
110		-	warrant or the date as otherwise extended by the court: 8
	526	+	(2) REASONABLE ATTORNEY ’S FEES AND COSTS ; 4
111	527
112		-	1. The ~~warrant of restitution shall expire and the judgment 9~~
113		-	~~for possession shall be stricken~~; ~~and 10~~
	528	+	(3) INJUNCTIVE RELIEF TO RECOVER POSSESSION O F THE LEASED 5
	529	+	PREMISES OR PERSONAL PROPERTY; OR 6
114	530
115		-	2. The judgment shall be applied to the number of judgments 11
116		-	necessary to foreclose a tenant’s right to redemption of the leased premises as established 12
117		-	in subsection [(g)(2)] (H)(2) of this section unless the court in its discretion determines that 13
118		-	the judgment may not apply for purposes of subsection [(g)(2)] (H)(2) of this section. 14
	531	+	(4) ANY OTHER REMEDY THE COURT MAY FIND REASO NABLE. 7
119	532
120		-	(2) (i) The administrative judge of any district shall stay the execution 15
121		-	of a warrant of restitution of a residential property, from day to day, in the event of extreme 16
122		-	weather conditions affecting the residential property, including: 17
	533	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be constru ed to 8
	534	+	apply only prospectively and may not be applied or interpreted to have any effect on or 9
	535	+	application to any cause of action for repossession for failure to pay rent, breach of lease, or 10
	536	+	tenant holdovers filed before the effective date of this Act. 11
123	537
124		-	1. A temperature or next–day forecasted temperature of 32 18
125		-	degrees Fahrenheit or lower; 19
126		-
127		-	2. A winter storm warning or blizzard warning issued by the 20
128		-	National Weather Service; 21
129		-
130		-	3. A hurricane warning or tropical storm warning issued by 22
131		-	the National Weather Service; and 23
132		-
133		-	4. An excessive heat warning issued by the National 24
134		-	Weather Service. 25
135		-
136		-	(ii) When a stay has been granted under this paragraph, the 26
137		-	execution of the warrant of restitution for which the stay has been granted shall be given 27
138		-	priority and completed within 5 days after the extreme weather conditions cease. 28
139		-
140		-	(G) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 29
141		-	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 30
142		-
143		-	[(g)] (H) (1) Subject to paragraph (3) of this subsection, in any action of 31
144		-	summary ejectment for failure to pay rent where the landlord is awarded a judgment giving 32
145		-	the landlord restitution of the leased premises, the tenant shall have the right to 33 4 HOUSE BILL 767
	538	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
	539	+	October 1, 2025. 13
146	540
147	541
148		-	redemption of the leased premises by tendering in cash, certified check, or money order to 1
149		-	the landlord or the landlord’s agent all past due amounts, as determined by the court under 2
150		-	subsection (e) of this section, plus all court awarded costs and fees, at any time before actual 3
151		-	execution of the eviction order. 4
152		-
153		-	(2) An electronic or written check issued by a political subdivision or on 5
154		-	behalf of a governmental entity shall have the same legal effect as a payment made by the 6
155		-	tenant under paragraph (1) of this subsection. 7
156		-
157		-	(3) This subsection does not apply to any tenant against whom three 8
158		-	judgments of possession have been entered for rent due and unpaid in the 12 months prior 9
159		-	to the initiation of the action to which this subsection otherwise would apply. 10
160		-
161		-	[(h)] (I) (1) The tenant or the landlord may appeal from the judgment of the 11
162		-	District Court to the circuit court for any county at any time within 4 days from the 12
163		-	rendition of the judgment. 13
164		-
165		-	(2) The tenant, in order to stay any execution of the judgment, shall give a 14
166		-	bond to the landlord with one or more sureties, who are owners of sufficient property in the 15
167		-	State of Maryland, with condition to prosecute the appeal with effect, and answer to the 16
168		-	landlord in all costs and damages mentioned in the judgment, and other damages as shall 17
169		-	be incurred and sustained by reason of the appeal. 18
170		-
171		-	(3) The bond shall not affect in any manner the right of the landlord to 19
172		-	proceed against the tenant, assignee or subtenant for any and all rents that may become 20
173		-	due and payable to the landlord after the rendition of the judgment. 21
174		-
175		-	8–402. 22
176		-
177		-	(b) (1) (i) Subject to § 8–406 of this subtitle and where any tenancy is for 23
178		-	any definite term or at will, and the landlord shall desire to repossess the property after 24
179		-	the expiration of the term for which it was leased and shall give notice as required under 25
180		-	subsection (c) of this section to the tenant or to the person actually in possession of the 26
181		-	property to remove from the property at the end of the term, and if the tenant or person in 27
182		-	actual possession shall refuse to comply, the landlord may make complaint in writing to 28
183		-	the District Court of the county where the property is located. 29
184		-
185		-	(ii) 1. The court shall issue a summons directed to any constable 30
186		-	or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify 31
187		-	the tenant, assignee, or subtenant to appear on a day stated in the summons before the 32
188		-	court to show cause why restitution should not be made to the landlord. 33
189		-
190		-	2. The constable or sheriff shall serve the summons on the 34
191		-	tenant, assignee, or subtenant on the property, or on the known or authorized agent of the 35
192		-	tenant, assignee, or subtenant. 36
193		-	HOUSE BILL 767 5
194		-
195		-
196		-	3. If, for any reason those persons cannot be found, the 1
197		-	constable or sheriff shall affix an attested copy of the summons conspicuously on the 2
198		-	property. 3
199		-
200		-	4. After notice to the tenant, assignee, or subtenant by 4
201		-	first–class mail, the affixing of the summons on the property shall be conclusively presumed 5
202		-	to be a sufficient service to support restitution. 6
203		-
204		-	(iii) [Upon] ON the failure of either of the parties to appear before 7
205		-	the court on the day stated in the summons, the court may continue the case to a day not 8
206		-	less than 6 [nor] DAYS OR more than 10 days after the day first stated and notify the 9
207		-	parties of the continuance. 10
208		-
209		-	(2) (i) If [upon] ON hearing the parties, or in case the tenant or person 11
210		-	in possession shall neglect to appear after the summons and continuance the court shall 12
211		-	find that the landlord had been in possession of the leased property, that the said tenancy 13
212		-	is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant 14
213		-	or person in possession and that the tenant or person in possession had refused so to do, 15
214		-	the court shall [thereupon] give judgment for the restitution of the possession of said 16
215		-	premises and shall forthwith issue its warrant to the sheriff or a constable in the respective 17
216		-	counties commanding the tenant or person in possession forthwith to deliver to the landlord 18
217		-	possession thereof in as full and ample manner as the landlord was possessed of the same 19
218		-	at the time when the tenancy was made, and shall give judgment for costs against the 20
219		-	tenant or person in possession so holding over. 21
220		-
221		-	(ii) Either party shall have the right to appeal therefrom to the 22
222		-	circuit court for the county within 10 days from the judgment. 23
223		-
224		-	(iii) If the tenant appeals and files with the District Court an affidavit 24
225		-	that the appeal is not taken for delay, and also a good and sufficient bond with one or more 25
226		-	securities conditioned that the tenant will prosecute the appeal with effect and well and 26
227		-	truly pay all rent in arrears and all costs in the case before the District Court and in the 27
228		-	appellate court and all loss or damage which the landlord may suffer by reason of the 28
229		-	tenant’s holding over, including the value of the premises during the time the tenant shall 29
230		-	so hold over, then the tenant or person in possession of said premises may retain possession 30
231		-	thereof until the determination of said appeal. 31
232		-
233		-	(iv) The appellate court shall, [upon] ON application of either party, 32
234		-	set a day for the hearing of the appeal, not less than 5 [nor] DAYS OR more than 15 days 33
235		-	after the application, and notice for the order for a hearing shall be served on the opposite 34
236		-	party or that party’s counsel at least 5 days before the hearing. 35
237		-
238		-	(v) If the judgment of the District Court shall be in favor of the 36
239		-	landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed 37
240		-	forthwith to execute the warrant. 38
241		-	6 HOUSE BILL 767
242		-
243		-
244		-	(3) A WARRANT OF RESTITUTI ON UNDER PARAGRAPH (2)(I) OF THIS 1
245		-	SUBSECTION SHALL BE EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 2
246		-	8–407 OF THIS SUBTITLE . 3
247		-
248		-	8–402.1. 4
249		-
250		-	(a) (1) (i) Subject to § 8–406 of this subtitle and where an unexpired lease 5
251		-	for a stated term provides that the landlord may repossess the premises prior to the 6
252		-	expiration of the stated term if the tenant breaches the lease, the landlord may make 7
253		-	complaint in writing to the District Court of the county where the premises is located if: 8
254		-
255		-	1. The tenant breaches the lease; 9
256		-
257		-	2. A. The landlord has given the tenant 30 days’ written 10
258		-	notice that the tenant is in violation of the lease and the landlord desires to repossess the 11
259		-	leased premises; or 12
260		-
261		-	B. The breach of the lease involves behavior by a tenant or a 13
262		-	person who is on the property with the tenant’s consent, which demonstrates a clear and 14
263		-	imminent danger of the tenant or person doing serious harm to themselves, other tenants, 15
264		-	the landlord, the landlord’s property or representatives, or any other person on the property 16
265		-	and the landlord has given the tenant or person in possession 14 days’ written notice that 17
266		-	the tenant or person in possession is in violation of the lease and the landlord desires to 18
267		-	repossess the leased premises; and 19
268		-
269		-	3. The tenant or person in actual possession of the premises 20
270		-	refuses to comply. 21
271		-
272		-	(ii) The court shall summons immediately the tenant or person in 22
273		-	possession to appear before the court on a day stated in the summons to show cause, if any, 23
274		-	why restitution of the possession of the leased premises should not be made to the landlord. 24
275		-
276		-	(2) (i) If, for any reason, the tenant or person in actual possession 25
277		-	cannot be found, the constable or sheriff shall affix an attested copy of the summons 26
278		-	conspicuously on the property. 27
279		-
280		-	(ii) After notice is sent to the tenant or person in possession by 28
281		-	first–class mail, the affixing of the summons on the property shall be conclusively presumed 29
282		-	to be a sufficient service to support restitution. 30
283		-
284		-	(3) If either of the parties fails to appear before the court on the day stated 31
285		-	in the summons, the court may continue the case for not less than [six nor] 6 DAYS OR 32
286		-	more than 10 days and notify the parties of the continuance. 33
287		-
288		-	(b) (1) If the court determines that the tenant breached the terms of the lease 34
289		-	and that the breach was substantial and warrants an eviction, the court shall give 35 HOUSE BILL 767 7
290		-
291		-
292		-	judgment for the restitution of the possession of the premises and issue its warrant to the 1
293		-	sheriff or a constable commanding the tenant to deliver possession to the landlord in as full 2
294		-	and ample manner as the landlord was possessed of the same at the time when the lease 3
295		-	was entered into. The court shall give judgment for costs against the tenant or person in 4
296		-	possession. 5
297		-
298		-	(2) Either party may appeal to the circuit court for the county, within [ten] 6
299		-	10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit 7
300		-	that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities 8
301		-	conditioned [upon] ON diligent prosecution of the appeal; (iii) pays all rent in arrears, all 9
302		-	court costs in the case; and (iv) pays all losses or damages which the landlord may suffer 10
303		-	by reason of the tenant’s holding over, the tenant or person in possession of the premises 11
304		-	may retain possession until the determination of the appeal. [Upon] ON application of 12
305		-	either party, the court shall set a day for the hearing of the appeal not less than [five nor] 13
306		-	5 DAYS OR more than 15 days after the application, and notice of the order for a hearing 14
307		-	shall be served on the other party or that party’s counsel at least [five] 5 days before the 15
308		-	hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be 16
309		-	issued by the court which hears the appeal to the sheriff, who shall execute the warrant. 17
310		-
311		-	(C) A WARRANT OF RESTITUTI ON ISSUED UNDER THIS SECTION SHALL BE 18
312		-	EXECUTED IN COMPLIAN CE WITH THE PROVISIO NS OF § 8–407 OF THIS SUBTITLE. 19
313		-
314		-	[(c)] (D) (1) Acceptance of any payment after notice but before eviction shall 20
315		-	not operate as a waiver of any notice of breach of lease or any judgment for possession 21
316		-	unless the parties specifically otherwise agree in writing. 22
317		-
318		-	(2) Any payment accepted shall be first applied to the rent or the 23
319		-	equivalent of rent apportioned to the date that the landlord actually recovers possession of 24
320		-	the premises, then to court costs, including court awarded damages and legal fees and then 25
321		-	to any loss of rent caused by the breach of lease. 26
322		-
323		-	(3) Any payment which is accepted in excess of the rent referred to in 27
324		-	paragraph (2) of this subsection shall not bear interest but will be returned to the tenant 28
325		-	in the same manner as security deposits as defined under § 8–203 of this title but shall not 29
326		-	be subject to the penalties of that section. 30
327		-
328		-	8–407. 31
329		-
330		-	(A) THIS SECTION APPLIES TO A WARRANT OF REST ITUTION ISSUED TO A 32
331		-	LANDLORD TO TAKE POS SESSION OF RESIDENTI AL PROPERTY UNDER § 8–401, § 33
332		-	8–402, OR § 8–402.1 OF THIS SUBTITLE OR AN EQUIVALENT PROVIS ION OF PUBLIC 34
333		-	LOCAL LAW. 35
334		-
335		-	(B) (1) AFTER SUBJECT TO SUBSECTIO N (E) OF THIS SECTION , AFTER A 36
336		-	COURT HAS ISSUED A W ARRANT OF RESTITUTIO N, THE LANDLORD SHALL , AT LEAST 37 8 HOUSE BILL 767
337		-
338		-
339		-	14 6 DAYS BEFORE THE SCHE DULED DATE OF REPOSS ESSION AS SET BY THE 1
340		-	SHERIFF, PROVIDE WRITTEN NOTI CE TO THE TENANT OF THE DATE ON WHICH TH E 2
341		-	WARRANT OF RESTITUTION IS SCHED ULED TO BE EXECUTED BY: 3
342		-
343		-	(I) SENDING THE NOTICE BY FIRST–CLASS MAIL WITH 4
344		-	CERTIFICATE OF MAILI NG; AND 5
345		-
346		-	(II) POSTING THE NOTICE ON THE FRONT DOOR OF TH E LEASED 6
347		-	PREMISES AND TAKING A DATE–STAMPED PHOTOGRAPH O F THE NOTICE POSTED ON 7
348		-	THE FRONT DOOR ; AND 8
349		-
350		-	(III) IF THE LANDLORD KNOWS OR HAS ON FILE THE E –MAIL 9
351		-	ADDRESS OR CELLPHONE NUMBER OF THE TENANT , SENDING THE NOTICE 10
352		-	ELECTRONICALLY TO TH E TENANT BY AN E–MAIL MESSAGE OR A TE XT MESSAGE. 11
353		-
354		-	(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 12
355		-	SUBSECTION SHALL INC LUDE: 13
356		-
357		-	(I) THE DISTRICT COURT SUMMARY EJECTMENT CASE 14
358		-	NUMBER; 15
359		-
360		-	(II) THE TENANT ’S NAME AS STATED IN THE SUMMARY 16
361		-	EJECTMENT CASE ; 17
362		-
363		-	(III) THE ADDRESS OF THE LE ASED PREMISES ; 18
364		-
365		-	(IV) THE DATE ON WHICH THE WARRANT OF RESTITUTI ON WAS 19
366		-	ORDERED BY THE DISTRICT COURT COURT; 20
367		-
368		-	(V) THE INITIAL SCHEDULED DATE OF TH E EVICTION; 21
369		-
370		-	(VI) A STATEMENT THAT THE R EPOSSESSION MAY OCCU R 22
371		-	UNLESS THE TENANT : 23
372		-
373		-	1. RETURNS POSSESSION OF THE LEASED PREMISES TO 24
374		-	THE LANDLORD ; OR 25
375		-
376		-	2. FOR A WARRANT OF REST ITUTION ISSUED UNDER § 26
377		-	8–401 OF THIS SUBTITLE , EXERCISES THE RIGHT TO REDEMPTION UNDER § 8–401 27
378		-	OF THIS SUBTITLE, IF AVAILABLE; 28
379		-
380		-	(VII) IF THE TENANT STILL H AS A RIGHT TO REDEMP TION OF THE 29
381		-	LEASED PREMISES UNDER § 8–401(H) OF THIS SUBTITLE , A STATEMENT SHOWING 30
382		-	THE AMOUNT STILL DUE TO REDEEM THE PROPER TY; 31 HOUSE BILL 767 9
383		-
384		-
385		-
386		-	(VIII) A STATEMENT THAT IF TH E EVICTION OCCURS : 1
387		-
388		-	1. WITHIN 10 DAYS AFTER THE EVICT ION DATE, THE 2
389		-	TENANT MAY RECLAIM A LL OF THE TENANT ’S PERSONAL PROPERTY THAT W AS IN OR 3
390		-	AROUND THE LEASED PR EMISES ON OR AFTER T HE EVICTION DATE ; AND 4
391		-
392		-	2. AFTER 10 DAYS AFTER THE EVICT ION DATE, THE 5
393		-	TENANT’S REMAINING PERSONAL PROPERTY WILL BE CON SIDERED ABANDONED 6
394		-	AND MAY BE DISPOSED OF; 7
395		-
396		-	(IX) A STATEMENT INFORMING THE TENANT AS TO HOW THE 8
397		-	TENANT MAY OBTAIN AN Y PERSONAL PROPERTY LEFT IN OR ABOUT THE LEASED 9
398		-	PREMISES AFTER THE E VICTION OCCURS ; 10
399		-
400		-	(X) A STATEMENT THAT THE N OTICE IS THE FINAL N OTICE TO 11
401		-	THE TENANT OF THE IN TENDED REPOSSESSION , EVEN IF THE REPOS SESSION IS 12
402		-	STAYED FOR ANY REASO N; 13
403		-
404		-	(IX) THE FOLLOWING STATEMENT: 14
405		-
406		-	“YOU COULD LOSE ALL YO UR PERSONAL BELONGIN GS LEFT 15
407		-	INSIDE YOUR HOME WHE N THE EVICTION OCCUR S. LOCAL LAWS AND PRACTI CES 16
408		-	ABOUT DISPOSAL OF AN Y OF YOUR PERSONAL B ELONGINGS UPON EVICT ION VARY. 17
409		-
410		-	YOU MAY SEEK ADVICE B Y CALLING 211 FOR A LEGAL REFERRAL 18
411		-	OR BY CONTACTING THE DISTRICT COURT HELP CENTER AT (INSERT THE 19
412		-	TELEPHONE NUMBER FOR THE DISTRICT COURT HELP CENTER) OR (INSERT THE 20
413		-	ADDRESS FOR THE WEBS ITE OF THE DISTRICT COURT HELP CENTER) TO SPEAK TO 21
414		-	AN ATTORNEY .”; AND 22
415		-
416		-	(XI) (X) THE TELEPHONE NUMBER , E–MAIL ADDRESS , AND 23
417		-	MAILING ADDRESS AT W HICH THE LANDLORD MA Y BE CONTACTED . 24
418		-
419		-	(3) A LANDLORD MAY CHARGE THE TENANT FOR EXPEN SES 25
420		-	ACTUALLY INCURRED IN PROVIDING NOTICE UND ER PARAGRAPH (1) OF THIS 26
421		-	SUBSECTION IN AN AMO UNT NOT TO EXCEED $5. 27
422		-
423		-	(4) THERE IS A REBUTTABLE PRESUMPTION THAT A T ENANT WAS 28
424		-	NOTIFIED AS REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE 29
425		-	LANDLORD PROVIDES TO THE SHERIFF OR CONST ABLE: 30
426		-
427		-	(I) THE CERTIFICATE OF MA ILING; 31
428		-	10 HOUSE BILL 767
429		-
430		-
431		-	(II) A PHOTOGRAPH OF THE NO TICE POSTED ON THE F RONT 1
432		-	DOOR OF THE LEASED P REMISES CONTAINING A READABLE TIMESTAMP I NDICATING 2
433		-	THE DATE AND TIME TH AT THE NOTICE WAS PO STED; AND 3
434		-
435		-	(III) A SIGNED AFFIDAVIT OF THE PERSON WHO POSTE D THE 4
436		-	NOTICE ON THE FRONT DOOR OF THE LEASED P REMISES. 5
437		-
438		-	(5) (I) IF THE SHERIFF REASON ABLY BELIEVES THAT T HE 6
439		-	LANDLORD HAS NOT PRO VIDED THE NOTICE REQ UIRED UNDER PARAGRAP H (1) OF 7
440		-	THIS SUBSECTION OR T HAT THE TENANT MAY H AVE REDEEMED THE PRO PERTY, THE 8
441		-	SHERIFF: 9
442		-
443		-	1. SHALL NOTIFY THE DISTRICT COURT; AND 10
444		-
445		-	2. MAY NOT EXECUTE THE W ARRANT OF RESTITUTIO N 11
446		-	WITHOUT FURTHER ORDE R OF THE DISTRICT COURT. 12
447		-
448		-	(II) IF THE DISTRICT COURT FINDS THAT THE LANDLORD DID 13
449		-	NOT PROVIDE THE NOTI CE REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION , 14
450		-	THE DISTRICT COURT SHALL VACATE TH E WARRANT OF RESTITU TION. 15
451		-
452		-	(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(5) OF THIS SECTION, IF THE 16
453		-	LANDLORD PRESENTS TH E DOCUMENTATION LIST ED IN SUBSECTION (B)(1) OF THIS 17
454		-	SECTION, THE SHERIFF OR CONST ABLE SHALL: 18
455		-
456		-	(1) SHALL FILE FILE THE DOCUMENTATION WI TH THE CLERK OF THE 19
457		-	COURT; AND 20
458		-
459		-	(2) MAY SUBJECT TO § 14–806 OF THIS ARTICLE , EXECUTE THE 21
460		-	WARRANT OF RESTITUTI ON BY PUTTING THE LANDLORD IN POSSESSION OF THE 22
461		-	PREMISES, WITHOUT THE REMOVAL OF ANY PERSONAL PROP ERTY FROM THE 23
462		-	PREMISES. 24
463		-
464		-	(D) IF A TENANT IS NOT PR ESENT DURING THE EXE CUTION OF THE 25
465		-	WARRANT OF RESTITUTI ON, THE SHERIFF OR CONST ABLE SHALL POST A NO TICE ON 26
466		-	THE FRONT DOOR OF THE PREMISES STATING THAT REPOSSE SSION OF THE 27
467		-	PREMISES HAS BEEN CO MPLETED AND THAT THE TENANT HAS 10 DAYS TO RECLAIM 28
468		-	THE TENANT’S PERSONAL PROPERTY . 29
469		-
470		-	(E) (1) (I) A TENANT SHALL HAVE 10 DAYS FOLLOWING THE 30
471		-	EXECUTION OF A WARRA NT OF RESTITUTION UN DER SUBSECTION (C) OF THIS 31
472		-	SECTION TO RECOVER P ERSONAL PROPERTY FRO M THE PREMISES OR AN OTHER 32
473		-	REASONABLY SECURE LO CATION CHOSEN BY THE LANDLORD. 33
474		-	HOUSE BILL 767 11
475		-
476		-
477		-	(II) A LANDLORD MAY NOT CHA RGE A TENANT ANY FEE FOR 1
478		-	STORING THE TENANT ’S PERSONAL PROPERTY DURING THE 10–DAY PERIOD 2
479		-	ESTABLISHED UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH . 3
480		-
481		-	(2) DURING THE 10–DAY PERIOD ESTABLISH ED UNDER PARAGRAPH 4
482		-	(1) OF THIS SUBSECTION : 5
483		-
484		-	(I) THE LANDLORD SHALL MA KE THE TENANT ’S PERSONAL 6
485		-	PROPERTY REASONABLY AVAILABLE FOR PURPOS ES OF RECLAMATION ; AND 7
486		-
487		-	(II) THE LANDLORD IS NOT L IABLE TO THE TENANT FOR ANY 8
488		-	LOSSES RELATING TO T HE PERSONAL PROPERTY UNLESS THE LOSS IS T HE RESULT 9
489		-	OF A DELIBERATE OR N EGLIGENT ACT ON THE PART OF THE LANDLORD . 10
490		-
491		-	(3) A TENANT MAY NOT WAIVE THE RIGHT TO RECLAIM PERSONAL 11
492		-	PROPERTY UNDER THIS SUBSECTION. 12
493		-
494		-	(F) (1) UNLESS THE LANDLORD A ND TENANT AGREE OTHE RWISE, 13
495		-	PERSONAL PROPERTY RE MAINING IN OR ABOUT THE LEASED PREMISES OR IN THE 14
496		-	REASONABLY SECURE ST ORAGE LOCATION CHOSE N BY THE LANDLORD FO LLOWING 15
497		-	THE 10–DAY PERIOD ESTABLISH ED UNDER SUBSECTION (E)(1) OF THIS SECTION 16
498		-	SHALL BE DEEMED ABAN DONED. 17
499		-
500		-	(2) THE LANDLORD OR ANY P ERSON ACTING ON THE LANDLORD’S 18
501		-	BEHALF MAY NOT BE HE LD LIABLE FOR ANY LO SS OF OR DAMAGE TO P ROPERTY 19
502		-	DEEMED ABANDONED UND ER THIS SUBSECTION . 20
503		-
504		-	(3) (I) EXCEPT A S PROVIDED IN PARAGR APH (5) OF THIS 21
505		-	SUBSECTION, A LANDLORD MAY DISPO SE OF ABANDONED PROP ERTY BY: 22
506		-
507		-	1. TRANSPORTATION TO A L ICENSED LANDFILL OR 23
508		-	SOLID WASTE FACILITY ; 24
509		-
510		-	2. DONATION TO CHARITY ; 25
511		-
512		-	3. SALE; OR 26
513		-
514		-	4. ANY OTHER LEGAL MEANS . 27
515		-
516		-	(II) IF A LANDLORD DISPOSE S OF ABANDONED PROPE RTY BY 28
517		-	SALE, THE TENANT SHALL BE ENTITLED TO ANY PROC EEDS OF THE SALE THA T 29
518		-	EXCEED ANY BACK RENT , MOVE–OUT COSTS, OR DAMAGE FEES OWED BY THE 30
519		-	TENANT TO THE LANDLO RD. 31
520		-	12 HOUSE BILL 767
521		-
522		-
523		-	(4) PROPERTY DEEMED ABAND ONED UNDER THIS SUBSECTION MAY 1
524		-	NOT BE PLACED IN A P UBLIC RIGHT–OF–WAY OR ON ANY PUBLIC PROPERTY. 2
525		-
526		-	(5) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, ON 3
527		-	THE EXECUTION OF A W ARRANT OF RESTITUTIO N, A LANDLORD IS NOT PR OHIBITED 4
528		-	FROM: 5
529		-
530		-	(I) DISPOSING OF ABANDONE D PROPERTY CONSISTING OF 6
531		-	PERISHABLE FOOD , HAZARDOUS MATERIALS , OR TRASH; OR 7
532		-
533		-	(II) TRANSFERRING AN ANIMA L TO THAT IS NOT REMOVED 8
534		-	UNDER § 14–806 OF THIS ARTICLE TO T HE OWNER OF THE ANIM AL, AN ANIMAL 9
535		-	SHELTER, AN ANIMAL RESCUE ORG ANIZATION, AN ANIMAL CONTROL OFFICER, A 10
536		-	HUMANE SOCIETY , OR ANY OTHER PERSON WILLING TO PROVIDE C ARE FOR THE 11
537		-	ANIMAL. 12
538		-
539		-	(G) (E) NOTHING IN THIS SECTI ON MAY BE INTERPRETE D TO RESTRICT 13
540		-	THE AUTHORITY OF THE STATE AND LOCAL JURISDICTIONS TO ENACT OR ENFORCE 14
541		-	LEGISLATION GOVERNING LANDLORDS AND TENANTS , INCLUDING LEGISLATIO N 15
542		-	ESTABLISHING THAT: 16
543		-
544		-	(1) INCREASES THE MINIMUM NUMBER OF DAYS OF NO TICE REQUIRED 17
545		-	IN SUBSECTION (B)(1) OF THIS SECTION TO A S MANY AS 14 DAYS; 18
546		-
547		-	(2) DECREASES THE MINIMUM NUMBER OF DAYS OF NO TICE 19
548		-	REQUIRED IN SUBSECTI ON (B)(1) OF THIS SECTION TO A S FEW AS 4 DAYS; OR 20
549		-
550		-	(3) ESTABLISHES PENALTIES FOR A VIOL ATION OF THIS SECTIO N. 21
551		-
552		-	(H) (F) IF A COURT FINDS IN F AVOR OF A TENANT BAS ED ON A VIOLATION 22
553		-	OF THIS SECTION, THE TENANT IS ENTITL ED TO: 23
554		-
555		-	(1) ACTUAL DAMAGES ; 24
556		-
557		-	(2) REASONABLE ATTORNEY ’S FEES AND COSTS ; 25
558		-
559		-	(3) INJUNCTIVE RELIEF TO RECOVER POSSESSION O F THE LEASED 26
560		-	PREMISES OR PERSONAL PROPERTY; OR 27
561		-
562		-	(4) ANY OTHER REMEDY THE COURT MAY FIND REASO NABLE. 28
563		-
564		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 29
565		-	apply only prospectively and may not be applied or interpreted to have any effect on or 30 HOUSE BILL 767 13
566		-
567		-
568		-	application to any cause of action for repossession for failure to pay rent, breach of lease, or 1
569		-	tenant holdovers filed before the effective date of this Act. 2
570		-
571		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
572		-	October 1, 2025. 4
573	542
574	543
575	544
576	545		Approved:
577	546		________________________________________________________________________________
578	547		Governor.
579	548		________________________________________________________________________________
580	549		Speaker of the House of Delegates.
581	550		________________________________________________________________________________
582	551		President of the Senate.