Maryland 2025 Regular Session

Maryland Senate Bill SB46 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		sb0046
10	9
11	10		SENATE BILL 46
12		-	E1, N1 (5lr0913)
13		-	ENROLLED BILL
14		-	— Judicial Proceedings/Judiciary —
15		-	Introduced by Senator Watson Senators Watson, Charles, Folden, James, Jennings,
	11	+	E1, N1 5lr0913
	12	+	(PRE–FILED) CF HB 560
	13	+	By: Senator Watson Senators Watson, Charles, Folden, James, Jennings,
16	14		Lewis Young, McKay, Ready, Salling, A. Washington, and West West, Attar,
17	15		and C. Jackson
18		-
19		-	Read and Examined by Proofreaders:
20		-
21		-	_______________________________________________
22		-	Proofreader.
23		-	_______________________________________________
24		-	Proofreader.
25		-
26		-	Sealed with the Great Seal and presented to the Governor, for his approval this
27		-
28		-	_______ day of _______________ at ________________________ o’clock, ________M.
29		-
30		-	______________________________________________
31		-	President.
	16	+	Requested: September 20, 2024
	17	+	Introduced and read first time: January 8, 2025
	18	+	Assigned to: Judicial Proceedings
	19	+	Committee Report: Favorable with amendments
	20	+	Senate action: Adopted with floor amendments
	21	+	Read second time: February 23, 2025
32	22
33	23		CHAPTER ______
34	24
35	25		AN ACT concerning 1
36	26
37	27		Criminal Law – Fraud – Possession of Residential Real Property 2
38		-	Real Property – Wrongful Detainer Actions – Time of Hearing and Service of 3
39		-	Process 4
	28	+	Real Property – Wrongful Detainer Actions 3
40	29
41		-	FOR the purpose of prohibiting a person from possessing or claiming a right to possess 5
42		-	residential real property the person does not lawfully possess or own, with the intent 6
43		-	to defraud another; authorizing the owner of certain residential real property to file 7
44		-	a certain sworn affidavit and requiring a sheriff to remove a certain person from 8
45		-	residential real property under certain circumstances; providing this Act does not 9
46		-	prohibit the owner of residential real property from filing a wrongful detainer action; 10
47		-	and generally relating to fraudulent possession of residential real property altering 11
48		-	provisions relating to wrongful detainer actions, including requirements for 12
49		-	summonses, hearings, and judgments; requiring a certain hearing to be held within 13 2 SENATE BILL 46
	30	+	FOR the purpose of prohibiting a person from possessing or claiming a right to possess 4
	31	+	residential real property the person does not lawfully possess or own, with the intent 5
	32	+	to defraud another; authorizing the owner of certain residential real property to file 6
	33	+	a certain sworn affidavit and requiring a sheriff to remove a certain person from 7
	34	+	residential real property under certain circumstances; providing this Act does not 8
	35	+	prohibit the owner of residential real property from filing a wrongful detainer action; 9
	36	+	and generally relating to fraudulent possession of residential real property altering 10
	37	+	provisions relating to wrongful detainer actions, including requirements for 11
	38	+	summonses, hearings, and judgments; and generally relating to wrongful detainer 12
	39	+	actions. 13
	40	+
	41	+	BY adding to 14
	42	+	Article – Criminal Law 15
	43	+	Section 8–906 16
	44	+	Annotated Code of Maryland 17
	45	+	(2021 Replacement Volume and 2024 Supplement) 18
	46	+
	47	+	BY repealing and reenacting, with amendments, 19
	48	+	Article – Real Property 20 2 SENATE BILL 46
50	49
51	50
52		-	~~a certain time after a certain complaint is filed; altering requirements relating to~~ 1
53		-	~~service~~ of ~~process in a wrongful detainer action; and generally relating to wrongful~~ 2
54		-	~~detainer actions.~~ 3
	51	+	Section 14–132 1
	52	+	Annotated Code of Maryland 2
	53	+	(2023 Replacement Volume and 2024 Supplement) 3
55	54
56		-	BY adding to 4
57		-	Article – Criminal Law 5
58		-	Section 8–906 6
59		-	Annotated Code of Maryland 7
60		-	(2021 Replacement Volume and 2024 Supplement) 8
	55	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	56	+	That the Laws of Maryland read as follows: 5
61	57
62		-	BY repealing and reenacting, with amendments, 9
	58	+	Article – Criminal Law 6
	59	+
	60	+	8–906. 7
	61	+
	62	+	(A) A PERSON MAY NOT , WITH INTENT TO DEFRA UD ANOTHER , POSSESS OR 8
	63	+	CLAIM A RIGHT TO POS SESS RESIDENTIAL REA L PROPERTY THE PERSO N DOES NOT 9
	64	+	LAWFULLY POSS ESS OR OWN. 10
	65	+
	66	+	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 11
	67	+	AND ON CONVICTION IS SUBJECT TO: 12
	68	+
	69	+	(1) FOR A FIRST VIOLATIO N, IMPRISONMENT NOT EXC EEDING 90 13
	70	+	DAYS OR A FINE NOT E XCEEDING $500 OR BOTH; 14
	71	+
	72	+	(2) FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS AFTER 15
	73	+	THE FIRST VIOLATION , IMPRISONMENT NOT EXC EEDING 6 MONTHS OR A FINE NOT 16
	74	+	EXCEEDING $1,000 OR BOTH; AND 17
	75	+
	76	+	(3) FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 YEARS 18
	77	+	AFTER THE PRECEDING VIOLATION, IMPRISONMENT NOT EXC EEDING 1 YEAR OR A 19
	78	+	FINE NOT EXCEEDING $2,500 OR BOTH. 20
	79	+
	80	+	(C) (1) THIS SUBSECTION DOES NOT APPLY IF: 21
	81	+
	82	+	(I) THE PERSON IN ACTUAL POSSESSION OF THE RE SIDENTIAL 22
	83	+	REAL PROPERTY HAS BE EN GRANTED POSSESSIO N UNDER A COURT ORDE R; OR 23
	84	+
	85	+	(II) A REMEDY IS AVAILABL E UNDER TITLE 8 OF THE REAL 24
	86	+	PROPERTY ARTICLE. 25
	87	+
	88	+	(2) THE OWNER OF RESIDENT IAL REAL PROPERTY IN THE 26
	89	+	POSSESSION OF ANOTHE R ALLEGEDLY IN VIOLA TION OF SUBSECTION (A) OF THIS 27
	90	+	SECTION MAY SUBMIT A SWORN AFFIDAVIT TO T HE SHERIFF FOR A COU NTY IN 28
	91	+	WHICH THE PROPERTY I S LOCATED STATING TH AT THE PERSON IS FRA UDULENTLY 29
	92	+	IN POSSESSION OF THE PROPERTY. 30
	93	+
	94	+	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 31
	95	+	SHERIFF SHALL REMOVE A PERSON IN POSSESSI ON OF RESIDENTIAL RE AL 32 SENATE BILL 46 3
	96	+
	97	+
	98	+	PROPERTY AFTER RECEI VING AN AFFIDAVIT SU BMITTED UNDER PARAGR APH (2) OF 1
	99	+	THIS SUBSECTION AND RETURN POSSESSION OF THE PROPERTY TO THE OWNER. 2
	100	+
	101	+	(II) A DEPUTY SHERIFF MAY N OT REMOVE A PERSON I N 3
	102	+	POSSESSION OF RESIDE NTIAL REAL PROPERTY FOLLOWING THE FILING OF AN 4
	103	+	AFFIDAVIT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH IF THE PERSON IN 5
	104	+	POSSESSION PRODUCES EVIDENCE OF LAWFUL P OSSESSION OF THE PRO PERTY TO 6
	105	+	THE LAW ENFORCEMENT OFFICER. 7
	106	+
	107	+	(D) THIS SECTION DOES NOT PROHIBIT THE OWNER O F RESIDENTIAL REAL 8
	108	+	PROPERTY FROM FILING A SUIT UNDER § 14–132 OF THE REAL PROPERTY ARTICLE. 9
	109	+
63	110		Article – Real Property 10
64		-	Section 14–132 11
65		-	Annotated Code of Maryland 12
66		-	(2023 Replacement Volume and 2024 Supplement) 13
67	111
68		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
69		-	That the Laws of Maryland read as follows: 15
	112	+	14–132. 11
70	113
71		-	Article – Criminal Law 16
	114	+	(a) In this section, “wrongful detainer” means to hold possession of real property 12
	115	+	without the right of possession. 13
72	116
73		-	~~8–906. 17~~
	117	+	(b) This section does not apply if: 14
74	118
75		-	(A) A PERSON MAY NOT , WITH INTENT TO DEFRA UD ANOTHER , POSSESS OR 18
76		-	CLAIM A RIGHT TO POS SESS RESIDENTIAL REA L PROPERTY THE PERSO N DOES NOT 19
77		-	LAWFULLY POSSESS OR OWN. 20
	119	+	(1) The person in actual possession of the property has been granted 15
	120	+	possession under a court order; 16
78	121
79		-	(B) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 21
80		-	AND ON CONVICTION IS SUBJECT TO: 22
	122	+	(2) A remedy is available under Title 8 of this article; or 17
81	123
82		-	(1) ~~FOR A FIRST VIOLATIO N,~~ ~~IMPRISONMENT NOT EXC EEDING 90 23~~
83		-	~~DAYS~~ OR ~~A FINE NOT E XCEEDING $500 OR BOTH; 24~~
	124	+	(3) Any other exclusive means to recover possession is provided by statute 18
	125	+	or rule. 19
84	126
85		-	(2) FOR A SECOND VIOLATI ON OCCURRING WITHIN 2 YEARS AFTER 25
86		-	THE FIRST VIOLATION , IMPRISONMENT NOT EXC EEDING 6 MONTHS OR A FINE NOT 26
87		-	EXCEEDING $1,000 OR BOTH; AND 27
	127	+	(c) A person may not hold possession of property unless the person is entitled to 20
	128	+	possession of the property under the law. 21
88	129
89		-	(3) ~~FOR EACH SUBSEQUENT VIOLATION OCCURRING WITHIN 2 YEARS 28~~
90		-	~~AFTER~~ THE ~~PRECEDING VIOLATION,~~ ~~IMPRISONMENT NOT EXC EEDING 1 YEAR OR A 29~~
91		-	~~FINE NOT EXCEEDING $2,500 OR BOTH~~. 30
	130	+	(d) (1) If a person violates subsection (c) of this section, a person claiming 22
	131	+	possession may make complaint in writing to the District Court of the county in which the 23
	132	+	property is located. 24
92	133
93		-	(C) (1) THIS SUBSECTION DOES NOT APPLY IF: 31
	134	+	(2) On receipt of a complaint under paragraph (1) of this subsection, the 25
	135	+	court shall summons immediately the person in possession to appear before the court on 26
	136	+	the day specified in the summons to show cause, if any, why restitution of the possession of 27
	137	+	the property to the person filing the complaint should not be made. 28
94	138
95		-	(I) THE PERSON IN ACTUAL POSSESSION OF THE RE SIDENTIAL 32
96		-	REAL PROPERTY HAS BE EN GRANTED POSSESSIO N UNDER A COURT ORDE R; OR 33 SENATE BILL 46 3
	139	+	(3) A SUMMONS ISSUED UNDER PARAGRAPH (2) OF THIS 29
	140	+	SUBSECTION: 30
	141	+
	142	+	(I) NEED NOT CONTAIN THE DEFENDANT ’S NAME; AND 31
	143	+	4 SENATE BILL 46
	144	+
	145	+
	146	+	(II) MAY BE ADDRESSED TO “OCCUPANT LOCATED AT ” 1
	147	+	FOLLOWED BY THE PROP ERTY ADDRESS . 2
	148	+
	149	+	[(3)] (4) [If, for any reason, the person in actual possession cannot be 3
	150	+	found, the] THE person authorized to serve process by the Maryland Rules shall affix an 4
	151	+	attested copy of the summons conspicuously on the property. 5
	152	+
	153	+	[(4)] (5) If notice of the summons is sent to the person in possession by 6
	154	+	first–class mail, the affixing of the summons in accordance with paragraph [(3)] (4) of this 7
	155	+	subsection shall constitute sufficient service to support restitution of possession. 8
	156	+
	157	+	(6) A HEARING SCHEDULED UN DER THIS SU BSECTION SHALL BE 9
	158	+	HELD NOT LESS THAN 4 CALENDAR DAYS AND NO T MORE THAN 7 CALENDAR DAYS 10
	159	+	AFTER THE COMPLAINT IS FILED UNDER PARAG RAPH (1) OF THIS SUBSECTION . 11
	160	+
	161	+	(e) A counterclaim or cross–claim may not be filed in an action brought under this 12
	162	+	section. 13
	163	+
	164	+	(F) THE COMPLAINANT SHALL PROVIDE SUFFICIENT E VIDENCE TO THE 14
	165	+	COURT DEMONSTRATING THE COMPLAINANT ’S LEGAL INTEREST IN THE PROPERTY . 15
	166	+
	167	+	[(f)] (G) (1) If the court determines that the complainant is legally entitled 16
	168	+	to possession, the court shall: 17
	169	+
	170	+	(i) Give judgment for restitution of the possession of the property to 18
	171	+	the complainant; and 19
	172	+
	173	+	(ii) Issue its warrant to the sheriff or constable commanding the 20
	174	+	sheriff or constable to IMMEDIATELY deliver possession to the complainant. 21
	175	+
	176	+	(2) The court may also give judgment in favor of the complainant for 22
	177	+	damages due to the wrongful detainer and for court costs and attorney fees if[: 23
	178	+
	179	+	(i) The] THE complainant claimed damages in the complaint[; and 24
	180	+
	181	+	(ii) The court finds that: 25
	182	+
	183	+	1. The person in actual possession was personally served 26
	184	+	with the summons; or 27
	185	+
	186	+	2. There was service of process or submission to the 28
	187	+	jurisdiction of the court as would support a judgment in contract or tort]. 29
	188	+
	189	+	(3) A person in actual possession who is not personally served with a 30
	190	+	summons is not subject to the personal jurisdiction of the District Court if the person 31 SENATE BILL 46 5
	191	+
	192	+
	193	+	appears in response to the summons and prior to the time that evidence is taken by the 1
	194	+	court and asserts that the appearance is only for the purpose of defending an in rem action. 2
	195	+
	196	+	[(g)] (H) Subject to § 8–118.1 of this article, a party to a wrongful detainer action 3
	197	+	brought in the District Court under this section may demand a trial by jury in accordance 4
	198	+	with Title 8, Subtitle 6 of this article. 5
	199	+
	200	+	(I) IF A DEFENDAN T DOES NOT ATTEND TH E HEARING, THE DISTRICT 6
	201	+	COURT SHALL ENTER A D EFAULT JUDGMENT AGAI NST THE DEFENDANT . 7
	202	+
	203	+	[(h)] (J) (1) Not later than [10] 4 days from the entry of the judgment of the 8
	204	+	District Court, either party may appeal to the circuit court for the county in which the 9
	205	+	property is located. 10
	206	+
	207	+	(2) The person in actual possession of the property may retain possession 11
	208	+	until the determination of the appeal if the person: 12
	209	+
	210	+	(i) Files with the court an affidavit that the appeal is not taken for 13
	211	+	delay; and 14
	212	+
	213	+	(ii) 1. Files sufficient bond with one or more securities 15
	214	+	conditioned on diligent prosecution of the appeal; or 16
	215	+
	216	+	2. Pays to the complainant or into the appellate court: 17
	217	+
	218	+	A. The fair rental value of the property for the entire period 18
	219	+	of possession up to the date of judgment; 19
	220	+
	221	+	B. All court costs in the case; 20
	222	+
	223	+	C. All losses or damages other than the fair rental value of 21
	224	+	the property up to the day of judgment that the court determined to be due because of the 22
	225	+	detention of possession; and 23
	226	+
	227	+	D. The fair rental value of the property during the pendency 24
	228	+	of the appeal. 25
	229	+
	230	+	(3) On application of either party, the court shall set a hearing date for the 26
	231	+	appeal that is not less than [5] 4 days or more than [15] 7 days after the application for 27
	232	+	appeal. 28
	233	+
	234	+	(4) Notice of the order for a hearing shall be served on the parties or the 29
	235	+	parties’ counsels not less than [5] 4 days before the hearing. 30
	236	+	6 SENATE BILL 46
	237	+
	238	+
	239	+	[(i)] (K) If the judgment of the circuit court shall be in favor of the person 1
	240	+	claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed 2
	241	+	immediately to execute the warrant. 3
	242	+
	243	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
	244	+	October 1, 2025. 5
97	245
98	246
99	247
100		-	(II) A REMEDY IS AVAILABL E UNDER TITLE 8 OF THE REAL 1
101		-	PROPERTY ARTICLE. 2
102	248
103		-	(2) THE OWNER OF RESIDENT IAL REAL PROPERTY IN THE 3
104		-	POSSESSION OF ANOTHE R ALLEGEDLY IN VIOLA TION OF SUBSECTION (A) OF THIS 4
105		-	SECTION MAY SUBMIT A SWORN AFFIDAVIT TO T HE SHERIFF FOR A COU NTY IN 5
106		-	WHICH THE PROPERTY I S LOCATED STATING T HAT THE PERSON IS FR AUDULENTLY 6
107		-	IN POSSESSION OF THE PROPERTY. 7
108		-
109		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 8
110		-	SHERIFF SHALL REMOVE A PERSON IN POSSESSI ON OF RESIDENTIAL RE AL 9
111		-	PROPERTY AFTER RECEI VING AN AFFIDAVIT SU BMITTED UNDER PARAGR APH (2) OF 10
112		-	THIS SUBSECTION AND RETURN POSSESSION OF THE PROPERTY TO THE OWNER. 11
113		-
114		-	(II) A DEPUTY SHERIFF MAY N OT REMOVE A PERSON I N 12
115		-	POSSESSION OF RESIDE NTIAL REAL PROPERTY FOLLOWING THE FILING OF AN 13
116		-	AFFIDAVIT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH IF THE PERSON IN 14
117		-	POSSESSION PRODUCES EVIDENCE OF LAWFUL P OSSESSION OF THE PRO PERTY TO 15
118		-	THE LAW ENFORCEMENT OFFICER. 16
119		-
120		-	(D) THIS SECTION DOES NOT PROHIBIT THE OWNER O F RESIDENTIAL REAL 17
121		-	PROPERTY FROM FILING A SUIT UNDER § 14–132 OF THE REAL PROPERTY ARTICLE. 18
122		-
123		-	Article – Real Property 19
124		-
125		-	14–132. 20
126		-
127		-	(a) In this section, “wrongful detainer” means to hold possession of real property 21
128		-	without the right of possession. 22
129		-
130		-	(b) This section does not apply if: 23
131		-
132		-	(1) The person in actual possession of the property has been granted 24
133		-	possession under a court order; 25
134		-
135		-	(2) A remedy is available under Title 8 of this article; or 26
136		-
137		-	(3) Any other exclusive means to recover possession is provided by statute 27
138		-	or rule. 28
139		-
140		-	(c) A person may not hold possession of property unless the person is entitled to 29
141		-	possession of the property under the law. 30
142		-	4 SENATE BILL 46
143		-
144		-
145		-	(d) (1) If a person violates subsection (c) of this section, a person claiming 1
146		-	possession may make complaint in writing to the District Court of the county in which the 2
147		-	property is located. 3
148		-
149		-	(2) (I) On receipt of a complaint under paragraph (1) of this subsection, 4
150		-	the court shall summons immediately the person in possession to appear before the court 5
151		-	on the day specified in the summons to show cause, if any, why restitution of the possession 6
152		-	of the property to the person filing the complaint should not be made. 7
153		-
154		-	(II) A HEARING SCHEDULED UN DER SUBPARAGRAPH (I) OF THIS 8
155		-	PARAGRAPH SHALL BE H ELD NOT MORE THAN 10 BUSINESS DAYS AFTER THE 9
156		-	COMPLAINT IS FILED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 10
157		-
158		-	(3) A SUMMONS ISSUED UNDER PARAGRAPH (2) OF THIS 11
159		-	SUBSECTION: 12
160		-
161		-	(I) NEED NOT CONTAIN THE DEFENDANT ’S NAME; AND 13
162		-
163		-	(II) MAY BE ADDRESSED TO “OCCUPANT LOCATED AT ” 14
164		-	FOLLOWED BY THE PROP ERTY ADDRESS . 15
165		-
166		-	[(3)] (4) [If, for any reason, the person in actual possession cannot be 16
167		-	found AFTER TWO GOOD FAITH EFFORTS ON DIFFERENT DAYS, the] THE person 17
168		-	authorized to serve process by the Maryland Rules shall affix: 18
169		-
170		-	(I) FILE AN AFFIDAVIT WIT H THE COURT DESCRIBI NG THE 19
171		-	GOOD FAITH EFFORTS T O SERVE THE PERSON I N ACTUAL POSSESSION ; 20
172		-
173		-	(II) MAIL A COPY OF THE CO MPLAINT BY CERTIFIED MAIL, 21
174		-	RETURN RECEIPT REQUE STED, AND FIRST–CLASS MAIL TO THE LA ST KNOWN 22
175		-	ADDRESS OF THE PERSO N IN ACTUAL POSSESSION AN D, IF DIFFERENT, TO THE 23
176		-	ADDRESS OF THE RESID ENTIAL PROPERTY SUBJ ECT TO THE COMPLAINT ; AND 24
177		-
178		-	(III) AFFIX an attested copy of the summons conspicuously on the 25
179		-	property. 26
180		-
181		-	[(4)] (5) If notice of the summons is sent to the person in possession by 27
182		-	first–class mail, the affixing of the summons in accordance with paragraph [(3)] (4) of this 28
183		-	subsection, THE NOTICE shall constitute sufficient service to support restitution of 29
184		-	possession. 30
185		-
186		-	(6) A HEARING SCHEDULED UN DER THIS SUBSECTION SHALL BE 31
187		-	HELD NOT LESS THAN 4 CALENDAR DAYS AND NO T MORE THAN 7 CALENDAR DAYS 32
188		-	AFTER THE COMPLAINT IS FILED UNDER PARAG RAPH (1) OF THIS SUBSECTION . 33
189		-	SENATE BILL 46 5
190		-
191		-
192		-	(5) SERVICE SHALL BE MADE UNDER PARAGRAPHS (3) AND (4) OF 1
193		-	THIS SUBSECTION WITH IN 4 BUSINESS DAYS AFTER THE COMPLAINT IS FIL ED UNDER 2
194		-	PARAGRAPH (1) OF THIS SUBSECTION . 3
195		-
196		-	(e) A counterclaim or cross–claim may not be filed in an action brought under this 4
197		-	section. 5
198		-
199		-	(F) THE COMPLAINANT SHALL PROVIDE SUFFICIENT E VIDENCE TO THE 6
200		-	COURT DEMONSTRATING THE COMPLAINANT ’S LEGAL INTEREST IN THE PROPERTY . 7
201		-
202		-	[(f)] (G) (1) If the court determines that the complainant is legally entitled 8
203		-	to possession, the court shall: 9
204		-
205		-	(i) Give judgment for restitution of the possession of the property to 10
206		-	the complainant; and 11
207		-
208		-	(ii) Issue its warrant to the sheriff or constable commanding the 12
209		-	sheriff or constable to IMMEDIATELY deliver possession to the complainant. 13
210		-
211		-	(2) The court may also give judgment in favor of the complainant for 14
212		-	damages due to the wrongful detainer and for court costs and attorney fees if[: 15
213		-
214		-	(i) The] THE complainant claimed damages in the complaint[; and 16
215		-
216		-	(ii) The court finds that: 17
217		-
218		-	1. The person in actual possession was personally served 18
219		-	with the summons; or 19
220		-
221		-	2. There was service of process or submission to the 20
222		-	jurisdiction of the court as would support a judgment in contract or tort]. 21
223		-
224		-	(3) A person in actual possession who is not personally served with a 22
225		-	summons is not subject to the personal jurisdiction of the District Court if the person 23
226		-	appears in response to the summons and prior to the time that evidence is taken by the 24
227		-	court and asserts that the appearance is only for the purpose of defending an in rem action. 25
228		-
229		-	[(g)] (H) Subject to § 8–118.1 of this article, a party to a wrongful detainer action 26
230		-	brought in the District Court under this section may demand a trial by jury in accordance 27
231		-	with Title 8, Subtitle 6 of this article. 28
232		-
233		-	(I) IF A DEFENDAN T DOES NOT ATTEND TH E HEARING, THE DISTRICT 29
234		-	COURT SHALL ENTER A D EFAULT JUDGMENT AGAI NST THE DEFENDANT . 30
235		-	6 SENATE BILL 46
236		-
237		-
238		-	[(h)] (J) (1) Not later than [10] 4 days from the entry of the judgment of the 1
239		-	District Court, either party may appeal to the circuit court for the county in which the 2
240		-	property is located. 3
241		-
242		-	(2) The person in actual possession of the property may retain possession 4
243		-	until the determination of the appeal if the person: 5
244		-
245		-	(i) Files with the court an affidavit that the appeal is not taken for 6
246		-	delay; and 7
247		-
248		-	(ii) 1. Files sufficient bond with one or more securities 8
249		-	conditioned on diligent prosecution of the appeal; or 9
250		-
251		-	2. Pays to the complainant or into the appellate court: 10
252		-
253		-	A. The fair rental value of the property for the entire period 11
254		-	of possession up to the date of judgment; 12
255		-
256		-	B. All court costs in the case; 13
257		-
258		-	C. All losses or damages other than the fair rental value of 14
259		-	the property up to the day of judgment that the court determined to be due because of the 15
260		-	detention of possession; and 16
261		-
262		-	D. The fair rental value of the property during the pendency 17
263		-	of the appeal. 18
264		-
265		-	(3) On application of either party, the court shall set a hearing date for the 19
266		-	appeal that is not less than [5] 4 days or more than [15] 7 days after the application for 20
267		-	appeal. 21
268		-
269		-	(4) Notice of the order for a hearing shall be served on the parties or the 22
270		-	parties’ counsels not less than [5] 4 days before the hearing. 23
271		-
272		-	[(i)] (K) If the judgment of the circuit court shall be in favor of the person 24
273		-	claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed 25
274		-	immediately to execute the warrant. 26
275		-
276		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
277		-	October 1, 2025. 28
278		-
	249	+	Approved:
	250	+	________________________________________________________________________________
	251	+	Governor.
	252	+	________________________________________________________________________________
	253	+	President of the Senate.
	254	+	________________________________________________________________________________
	255	+	Speaker of the House of Delegates.