In this subtitle, the following terms have the meanings indicated. “Eviction chattels” means any property removed from a leased dwelling under a warrant of restitution. “Leased dwelling” means any dwelling unit, rooming unit, efficiency unit, or other living quarters, whether in a single-family dwelling, a multiple-family dwelling, an apartment complex, or otherwise, that was occupied under a lease between a tenant and a landlord. “Foreclosure purchaser” means:any person who purchases real property in:a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”}; a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and any substituted purchaser, as defined in Maryland Rule 14-207(f)(3). Ord. 07-496 Ord. 08-041

The requirement to provide notice under subsection (b) of this section does not apply to any judgment entered:in favor of a foreclosure purchaser; or in favor of a landlord for possession of a leased dwelling under one of the following sections of the State Real Property Article:§ 14-120 {“Abatement of nuisance; dangerous substances”}; § 14-123 {“Baltimore City nuisance actions”}; § 8-402 {“Tenant holding over”}; § 8-402.1 {Proceedings upon breach of lease”}; or § 8-402.4 {“Wrongful detainer”}. Whenever a judgment is entered in favor of the landlord for possession of a leased dwelling, the landlord shall notify the tenant of the date on which the warrant of restitution is first scheduled to be executed by the Sheriff. The notice shall be:mailed by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and posted on the premises at least 7 days before the first scheduled date of execution. The notice shall:state the District Court Summary Ejectment Case Number, the tenant’s name, and the address of the leased dwelling; specify the date on which the eviction is first scheduled to be executed; state that the eviction will be executed on that date unless:the tenant moves out and returns control of the property to the landlord; or the tenant exercises the right to redemption under <cite data-doc="Md. Code" data-path="grp|8-401">State Real Property Article § 8-401(e), </cite>unless the right to redeem has been foreclosed or otherwise is inapplicable; prominently warn the tenant that any property left in the leased dwelling will be considered abandoned and may be disposed of on execution of the warrant of restitution; and state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court. A landlord may charge the tenant for expenses incurred in providing this notice, up to a maximum of $5. Ord. 07-496 Ord. 08-041 Ord. 11-458

If the Sheriff reasonably believes that the landlord did not provide the tenant with the notice required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, the Sheriff shall notify the District Court and may not execute the warrant of restitution until further order of the Court. If the District Court finds that the landlord did not provide the tenant with the notice required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, the District Court shall vacate the warrant of restitution. If the landlord provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by <cite data-path="|13|§8A-2">§ 8A-2 of this subtitle</cite>, there is a rebuttable presumption that the tenant was notified. Ord. 07-496 Ord. 11-458

All property in or about the leased premises at the time that the warrant of restitution is executed is abandoned. Neither the landlord nor someone acting on the landlord’s behalf is liable for any loss or damage to abandoned property. Ord. 07-496

The landlord shall dispose of abandoned eviction chattels by:transporting them to a licensed landfill or solid waste facility; donating them to charity; or some other legal means. A landlord who disposes of eviction chattels at a City-owned or operated landfill or solid waste facility may be charged no more than the same fees charged to the Housing Authority of Baltimore City (HABC). To be eligible for HABC rates, the landlord or landlord’s agent must present at the facility at the time of disposal:a copy of the warrant of restitution issued for the leased dwelling; and proof that the leased dwelling is registered or licensed under City Code <cite data-path="|13">Article 13</cite>, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”} or Subtitle 5 {“Licensing of Rental Dwellings”}. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Public Works may adopt rules and regulations to carry out this subsection. A person may not make any false or misleading representation in connection with the fee rate authorized by this subsection. Ord. 07-496 Ord. 18-130 Text Conformed 02/19/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (b)(1) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property. Ord. 07-496

Any person who violates any provision of § 8A-5 or <cite data-path="|13|§8A-6">§ 8A-6 of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each day that a violation continues is a separate offense. Ord. 07-496