Maryland 2025 Regular Session

Maryland Senate Bill SB556 Compare Versions

Only one version of the bill is available at this time.

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	sb0556
6	6
7	7	SENATE BILL 556
8	8	N1, E1 5lr0932
9	9
10	10	By: Senator Ready
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Real Property – Fraudulent Possession and Unauthorized Lease or Listing 2
19	19	– Prohibition and Removal 3
20	20
21	21	FOR the purpose of prohibiting the knowing and willful presentation of certain false 4
22	22	documents in order to possess real property; prohibiting a person from leasing to 5
23	23	another real property the person does not own or is not authorized to lease and from 6
24	24	listing or advertising for sale real property if the person knows the purported seller 7
25	25	is not the owner of the property; authorizing the owner of residential property or an 8
26	26	agent of the owner to request that a sheriff return possession of residential property 9
27	27	to the owner under certain circumstances; requiring a sheriff to serve notice to 10
28	28	immediately vacate a property to an unlawful occupant and return possession of the 11
29	29	property to the owner under certain circumstances and subject to certain 12
30	30	requirements; authorizing a sheriff to arrest certain individuals; establishing that 13
31	31	an individual harmed by wrongful removal from a residential property may recover 14
32	32	certain damages; establishing that an owner is not liable to an unlawful occupant of 15
33	33	residential property for damage to or the destruction or loss of certain personal 16
34	34	property; providing that a sheriff is not liable to any party for damages to property 17
35	35	resulting from the removal of an unlawful occupant from a residential property; and 18
36	36	generally relating to unauthorized possession of residential real property. 19
37	37
38	38	BY adding to 20
39	39	Article – Criminal Law 21
40	40	Section 8–906 22
41	41	Annotated Code of Maryland 23
42	42	(2021 Replacement Volume and 2024 Supplement) 24
43	43
44	44	BY adding to 25
45	45	Article – Real Property 26
46	46	Section 14–132.1 27
47	47	Annotated Code of Maryland 28
48	48	(2023 Replacement Volume and 2024 Supplement) 29 2 SENATE BILL 556
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Criminal Law 3
56	56
57	57	8–906. 4
58	58
59	59	(A) A PERSON MAY NOT : 5
60	60
61	61	(1) KNOWINGLY AND WILLFULLY, PRESENT A FALSE DEED , LEASE 6
62	62	AGREEMENT , OR OTHER INSTRUMENT PURPORTING TO CONVEY AN INTEREST IN 7
63	63	REAL PROPERTY IN ORDER TO HOLD POSSESSION OF THE PROPERTY; 8
64	64
65	65	(2) LEASE TO ANOTHER REAL PROPERTY THE PERSON DOES NOT OWN 9
66	66	OR IS NOT AUTHORIZED TO OFFER FOR LEASE ; OR 10
67	67
68	68	(3) LIST OR ADVERTISE RE SIDENTIAL REAL PROPE RTY FOR SALE 11
69	69	KNOWING THAT THE PURPORTED S ELLER IS NOT THE LAW FUL OWNER OF THE 12
70	70	PROPERTY. 13
71	71
72	72	(B) (1) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 14
73	73	GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 15
74	74	NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $1,000 OR BOTH. 16
75	75
76	76	(2) A PERSON WHO VIOLATES SUBSECTION (A)(2) OR (3) OF THIS 17
77	77	SECTION IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO 18
78	78	IMPRISONMENT NOT EXC EEDING 30 YEARS OR A FINE NOT EXCEEDING $10,000 OR 19
79	79	BOTH. 20
80	80
81	81	Article – Real Property 21
82	82
83	83	14–132.1. 22
84	84
85	85	(A) PRIOR TO THE FILING O F A COMPLAINT WITH T HE COURT UNDER § 23
86	86	14–132 OF THIS SUBTITLE , A PERSON CLAIMING TH AT ANOTHER IS IN WRO NGFUL 24
87	87	POSSESSION OF RESIDE NTIAL REAL PROPERTY MAY REQUEST THE SHER IFF TO 25
88	88	IMMEDIATELY REMOVE T HE OTHER PERSON IF: 26
89	89
90	90	(1) THE PERSON CLAIMING P OSSESSION OF THE PRO PERTY IS THE 27
91	91	PROPERTY OWNER OR AUTHORIZED AGENT OF THE PROPERTY OWNER ; 28
92	92	SENATE BILL 556 3
93	93
94	94
95	95	(2) THE PERSON IN POSSESS ION OF THE PROPERTY IS NOT 1
96	96	AUTHORIZED TO BE ON THE PROPERTY OR UNLAWFULLY ENTERE D AND REMAINED 2
97	97	ON OR OCCUPIED THE P ROPERTY; 3
98	98
99	99	(3) THE PROPERTY WAS NOT OPEN TO THE PUBLIC A T THE TIME THE 4
100	100	UNAUTHORIZED OCCUPAT ION OF THE PROPERTY BEGAN; 5
101	101
102	102	(4) THE PERSON CLAIMING P OSSESSION DIRECTED T HE PERSON IN 6
103	103	POSSESSION TO VACATE THE PROPERTY ; 7
104	104
105	105	(5) THE PERSON IN POSSESS ION IS NOT A CURRENT OR FORMER 8
106	106	TENANT OF THE PROPER TY UNDER A LEASE AGR EEMENT WITH TH E PERSON 9
107	107	CLAIMING POSSESSION ; AND 10
108	108
109	109	(6) THERE IS NO PENDING L ITIGATION RELATING T O THE PROPERTY 11
110	110	BETWEEN THE PERSON C LAIMING POSSESSION A ND THE PERSON IN POS SESSION. 12
111	111
112	112	(B) A REQUEST MADE UNDER T HIS SECTION SHALL : 13
113	113
114	114	(1) INCLUDE: 14
115	115
116	116	(I) A COPY OF THE REQUESTER’S GOVERNMENT 15
117	117	IDENTIFICATION ; 16
118	118
119	119	(II) EVIDENCE OF OWNERSHIP OF THE PROPERTY ; AND 17
120	120
121	121	(III) IF THE PERSON MAKING THE REQUEST IS ACTIN G AS AN 18
122	122	AGENT OF THE OWNER , EVIDENCE OF AGENCY ; AND 19
123	123
124	124	(2) BE SIGNED BY THE REQUESTER UNDER PENALTY OF PER JURY. 20
125	125
126	126	(C) ON RECEIPT OF A REQUE ST UNDER SUBSECTION (A) OF THIS SECTION, 21
127	127	THE SHERIFF SHALL VE RIFY THAT THE PERSON SUBM ITTING THE REQUEST I S THE 22
128	128	OWNER OF THE PROPERT Y OR AN AUTHORIZED A GENT OF THE OWNER . 23
129	129
130	130	(D) IF THE SHERIFF VERIFI ES A REQUEST UNDER S UBSECTION (C) OF THIS 24
131	131	SECTION, THE SHERIFF SHALL , WITHOUT DELAY , SERVE NOTICE TO IMME DIATELY 25
132	132	VACATE THE PROPERTY TO THE OCCUPANT OF T HE PROPERTY AND DELI VER 26
133	133	POSSESSION OF THE PR OPERTY TO THE REQUESTER. 27
134	134
135	135	(E) SERVICE OF NOTICE TO IMMEDIATELY VACATE U NDER SUBSECTION (D) 28
136	136	OF THIS SECTION MAY BE MADE BY HAND DELI VERY OR BY PROMINENTLY PO STING 29
137	137	THE NOTICE ON THE FR ONT DOOR OR OTHER EN TRY TO THE PROPERTY . 30 4 SENATE BILL 556
138	138
139	139
140	140
141	141	(F) THE SHERIFF SHALL ATT EMPT TO VERIFY THE IDENTITY OF ANY 1
142	142	PERSON OCCUPYING THE PROPERTY AT THE TIME OF SERVICE OF NOTICE TO 2
143	143	IMMEDIATELY VACATE AND MAY, IF APPROPRIATE , ARREST ANY PERSON FO UND 3
144	144	OCCUPYING THE PROPER TY FOR TRESPASS , OUTSTANDING WARRANTS , OR ANY 4
145	145	OTHER LEGAL CAUSE . 5
146	146
147	147	(G) AFTER NOTICE TO IMMED IATELY VACATE HAS BEEN DELIVERED, THE 6
148	148	REQUESTOR MAY REQUES T THAT THE SHERIFF S TAND BY TO KEEP THE PEACE 7
149	149	WHILE THE REQUESTOR CHANGES THE LOCKS AN D REMOVES ANY PERSON AL 8
150	150	PROPERTY FROM THE PR EMISES. 9
151	151
152	152	(H) (1) A PERSON MAY BRING SUI T FOR WRONGFUL REMOV AL UNDER 10
153	153	THIS SECTION. 11
154	154
155	155	(2) A PERSON HARMED BY WRO NGFUL REMOVAL MAY BE RESTORED 12
156	156	TO POSSESSION OF THE PROPERTY AND MAY REC OVER: 13
157	157
158	158	(I) ACTUAL DAMAGES ; 14
159	159
160	160	(II) THREE TIMES THE AMOUN T OF THE FAIR MARKET VALUE OF 15
161	161	RENT OF THE PROPERTY ; AND 16
162	162
163	163	(III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 17
164	164
165	165	(I) (1) A SHERIFF IS NOT LIABL E TO ANY PARTY FOR D AMAGES TO OR THE 18
166	166	LOSS OR DESTRUCTION OF PROPERTY INCURRED IN PERFORMING THE SH ERIFF’S 19
167	167	DUTIES UNDER THIS SE CTION. 20
168	168
169	169	(2) AN OWNER OR AUTHORIZE D AGENT OF AN OWNER IS NOT LIABLE 21
170	170	TO AN OCCUPANT OR ANY O THER PARTY FOR DAMAG E TO OR THE LOSS OR 22
171	171	DESTRUCTION OF PERSO NAL PROPERTY REMOVED UNDER THIS SECTION U NLESS 23
172	172	THE REMOVAL WAS UNLA WFUL. 24
173	173
174	174	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
175	175	October 1, 2025. 26