EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0556*
SENATE BILL 556
N1, E1 5lr0932
By: Senator Ready
Introduced and read first time: January 23, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Real Property – Fraudulent Possession and Unauthorized Lease or Listing 2
– Prohibition and Removal 3
FOR the purpose of prohibiting the knowing and willful presentation of certain false 4
documents in order to possess real property; prohibiting a person from leasing to 5
another real property the person does not own or is not authorized to lease and from 6
listing or advertising for sale real property if the person knows the purported seller 7
is not the owner of the property; authorizing the owner of residential property or an 8
agent of the owner to request that a sheriff return possession of residential property 9
to the owner under certain circumstances; requiring a sheriff to serve notice to 10
immediately vacate a property to an unlawful occupant and return possession of the 11
property to the owner under certain circumstances and subject to certain 12
requirements; authorizing a sheriff to arrest certain individuals; establishing that 13
an individual harmed by wrongful removal from a residential property may recover 14
certain damages; establishing that an owner is not liable to an unlawful occupant of 15
residential property for damage to or the destruction or loss of certain personal 16
property; providing that a sheriff is not liable to any party for damages to property 17
resulting from the removal of an unlawful occupant from a residential property; and 18
generally relating to unauthorized possession of residential real property. 19
BY adding to 20
Article – Criminal Law 21
Section 8–906 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2024 Supplement) 24
BY adding to 25
Article – Real Property 26
Section 14–132.1 27
Annotated Code of Maryland 28
(2023 Replacement Volume and 2024 Supplement) 29 2 SENATE BILL 556
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Criminal Law 3
8–906. 4
(A) A PERSON MAY NOT : 5
(1) KNOWINGLY AND WILLFULLY, PRESENT A FALSE DEED , LEASE 6
AGREEMENT , OR OTHER INSTRUMENT PURPORTING TO CONVEY AN INTEREST IN 7
REAL PROPERTY IN ORDER TO HOLD POSSESSION OF THE PROPERTY; 8
(2) LEASE TO ANOTHER REAL PROPERTY THE PERSON DOES NOT OWN 9
OR IS NOT AUTHORIZED TO OFFER FOR LEASE ; OR 10
(3) LIST OR ADVERTISE RE SIDENTIAL REAL PROPE RTY FOR SALE 11
KNOWING THAT THE PURPORTED S ELLER IS NOT THE LAW FUL OWNER OF THE 12
PROPERTY. 13
(B) (1) A PERSON WHO VIOLATES SUBSECTION (A)(1) OF THIS SECTION IS 14
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONM ENT 15
NOT EXCEEDING 1 YEAR OR A FINE NOT E XCEEDING $1,000 OR BOTH. 16
(2) A PERSON WHO VIOLATES SUBSECTION (A)(2) OR (3) OF THIS 17
SECTION IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO 18
IMPRISONMENT NOT EXC EEDING 30 YEARS OR A FINE NOT EXCEEDING $10,000 OR 19
BOTH. 20
Article – Real Property 21
14–132.1. 22
(A) PRIOR TO THE FILING O F A COMPLAINT WITH T HE COURT UNDER § 23
14–132 OF THIS SUBTITLE , A PERSON CLAIMING TH AT ANOTHER IS IN WRO NGFUL 24
POSSESSION OF RESIDE NTIAL REAL PROPERTY MAY REQUEST THE SHER IFF TO 25
IMMEDIATELY REMOVE T HE OTHER PERSON IF: 26
(1) THE PERSON CLAIMING P OSSESSION OF THE PRO PERTY IS THE 27
PROPERTY OWNER OR AUTHORIZED AGENT OF THE PROPERTY OWNER ; 28
SENATE BILL 556 3
(2) THE PERSON IN POSSESS ION OF THE PROPERTY IS NOT 1
AUTHORIZED TO BE ON THE PROPERTY OR UNLAWFULLY ENTERE D AND REMAINED 2
ON OR OCCUPIED THE P ROPERTY; 3
(3) THE PROPERTY WAS NOT OPEN TO THE PUBLIC A T THE TIME THE 4
UNAUTHORIZED OCCUPAT ION OF THE PROPERTY BEGAN; 5
(4) THE PERSON CLAIMING P OSSESSION DIRECTED T HE PERSON IN 6
POSSESSION TO VACATE THE PROPERTY ; 7
(5) THE PERSON IN POSSESS ION IS NOT A CURRENT OR FORMER 8
TENANT OF THE PROPER TY UNDER A LEASE AGR EEMENT WITH TH E PERSON 9
CLAIMING POSSESSION ; AND 10
(6) THERE IS NO PENDING L ITIGATION RELATING T O THE PROPERTY 11
BETWEEN THE PERSON C LAIMING POSSESSION A ND THE PERSON IN POS SESSION. 12
(B) A REQUEST MADE UNDER T HIS SECTION SHALL : 13
(1) INCLUDE: 14
(I) A COPY OF THE REQUESTER’S GOVERNMENT 15
IDENTIFICATION ; 16
(II) EVIDENCE OF OWNERSHIP OF THE PROPERTY ; AND 17
(III) IF THE PERSON MAKING THE REQUEST IS ACTIN G AS AN 18
AGENT OF THE OWNER , EVIDENCE OF AGENCY ; AND 19
(2) BE SIGNED BY THE REQUESTER UNDER PENALTY OF PER JURY. 20
(C) ON RECEIPT OF A REQUE ST UNDER SUBSECTION (A) OF THIS SECTION, 21
THE SHERIFF SHALL VE RIFY THAT THE PERSON SUBM ITTING THE REQUEST I S THE 22
OWNER OF THE PROPERT Y OR AN AUTHORIZED A GENT OF THE OWNER . 23
(D) IF THE SHERIFF VERIFI ES A REQUEST UNDER S UBSECTION (C) OF THIS 24
SECTION, THE SHERIFF SHALL , WITHOUT DELAY , SERVE NOTICE TO IMME DIATELY 25
VACATE THE PROPERTY TO THE OCCUPANT OF T HE PROPERTY AND DELI VER 26
POSSESSION OF THE PR OPERTY TO THE REQUESTER. 27
(E) SERVICE OF NOTICE TO IMMEDIATELY VACATE U NDER SUBSECTION (D) 28
OF THIS SECTION MAY BE MADE BY HAND DELI VERY OR BY PROMINENTLY PO STING 29
THE NOTICE ON THE FR ONT DOOR OR OTHER EN TRY TO THE PROPERTY . 30 4 SENATE BILL 556
(F) THE SHERIFF SHALL ATT EMPT TO VERIFY THE IDENTITY OF ANY 1
PERSON OCCUPYING THE PROPERTY AT THE TIME OF SERVICE OF NOTICE TO 2
IMMEDIATELY VACATE AND MAY, IF APPROPRIATE , ARREST ANY PERSON FO UND 3
OCCUPYING THE PROPER TY FOR TRESPASS , OUTSTANDING WARRANTS , OR ANY 4
OTHER LEGAL CAUSE . 5
(G) AFTER NOTICE TO IMMED IATELY VACATE HAS BEEN DELIVERED, THE 6
REQUESTOR MAY REQUES T THAT THE SHERIFF S TAND BY TO KEEP THE PEACE 7
WHILE THE REQUESTOR CHANGES THE LOCKS AN D REMOVES ANY PERSON AL 8
PROPERTY FROM THE PR EMISES. 9
(H) (1) A PERSON MAY BRING SUI T FOR WRONGFUL REMOV AL UNDER 10
THIS SECTION. 11
(2) A PERSON HARMED BY WRO NGFUL REMOVAL MAY BE RESTORED 12
TO POSSESSION OF THE PROPERTY AND MAY REC OVER: 13
(I) ACTUAL DAMAGES ; 14
(II) THREE TIMES THE AMOUN T OF THE FAIR MARKET VALUE OF 15
RENT OF THE PROPERTY ; AND 16
(III) REASONABLE ATTORNEY ’S FEES AND COURT COS TS. 17
(I) (1) A SHERIFF IS NOT LIABL E TO ANY PARTY FOR D AMAGES TO OR THE 18
LOSS OR DESTRUCTION OF PROPERTY INCURRED IN PERFORMING THE SH ERIFF’S 19
DUTIES UNDER THIS SE CTION. 20
(2) AN OWNER OR AUTHORIZE D AGENT OF AN OWNER IS NOT LIABLE 21
TO AN OCCUPANT OR ANY O THER PARTY FOR DAMAG E TO OR THE LOSS OR 22
DESTRUCTION OF PERSO NAL PROPERTY REMOVED UNDER THIS SECTION U NLESS 23
THE REMOVAL WAS UNLA WFUL. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26