Title 8. Landlord and Tenant — Subtitle 4. Landlord's Remedies Other Than Distraint
Statutes in effect as of October 1, 2026.
Md. Code Ann., Real Prop. § 8-401 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–401LinkCopy Citation
(a)
Whenever the tenant or tenants fail to pay the rent when due and payable, it shall be lawful for the landlord to have again and repossess the premises in accordance with this section.
(b)
(1)
Whenever any landlord shall desire to repossess any premises to which the landlord is entitled under the provisions of subsection (a) of this section, the landlord or the landlord’s duly qualified agent or attorney shall ensure that the landlord has completed the procedures required under subsection (c) of this section.
(2)
Subject to § 8–406 of this subtitle and after completing the procedures required under subsection (c) of this section, a landlord or the landlord’s duly qualified agent or attorney may file the landlord’s written complaint under oath or affirmation, in the District Court of the county wherein the property is situated:
(i)
Describing in general terms the property sought to be repossessed;
(ii)
Setting forth the name of each tenant to whom the property is rented or any assignee or subtenant;
(iii)
Stating the amount of rent and any late fees due and unpaid, less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article;
(iv)
Requesting to repossess the premises and, if requested by the landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article;
(v)
If applicable, stating that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin; and
(vi)
If the property to be repossessed is an affected property as defined in § 6–801 of the Environment Article, stating that the landlord has registered the affected property as required under § 6–811 of the Environment Article and renewed the registration as required under § 6–812 of the Environment Article and:
(1)
(A)
If the current tenant moved into the property on or after February 24, 1996, stating the inspection certificate number for the inspection conducted for the current tenancy as required under § 6–815(c) of the Environment Article; or
(B)
On or after February 24, 2006, stating the inspection certificate number for the inspection conducted for the current tenancy as required under § 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or
(2)
Stating that the owner is unable to provide an inspection certificate number because:
(A)
The owner has requested that the tenant allow the owner access to the property to perform the work required under Title 6, Subtitle 8 of the Environment Article;
(B)
The owner has offered to relocate the tenant in order to allow the owner to perform work if the work will disturb the paint on the interior surfaces of the property and to pay the reasonable expenses the tenant would incur directly related to the relocation; and
(C)
The tenant has refused to allow access to the owner or refused to vacate the property in order for the owner to perform the required work.
(3)
For the purpose of the court’s determination under subsection (e) of this section the landlord shall also specify the amount of rent due for each rental period under the lease, the day that the rent is due for each rental period, and any late fees for overdue rent payments.
(4)
The District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify the tenant, assignee, or subtenant by first–class mail:
(i)
To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and
(ii)
To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.
(5)
(i)
The constable or sheriff shall proceed to serve the summons upon the tenant, assignee, or subtenant or their known or authorized agent as follows:
(1)
If personal service is requested and any of the persons whom the sheriff shall serve is found on the property, the sheriff shall serve any such persons; or
(2)
If personal service is requested and none of the persons whom the sheriff is directed to serve shall be found on the property and, in all cases where personal service is not requested, the constable or sheriff shall affix an attested copy of the summons conspicuously upon the property.
(ii)
The affixing of the summons upon the property after due notification to the tenant, assignee, or subtenant by first–class mail shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the landlord, but it shall not be sufficient service to support a default judgment in favor of the landlord for the amount of rent due.
(6)
Notwithstanding the provisions of paragraphs (1) through (5) of this subsection:
(i)
In an action to repossess nonresidential property under this section, service of process on a tenant:
(1)
Shall be directed to the sheriff of the appropriate county or municipality; and
(2)
On plaintiff’s request, may be directed to any person authorized under the Maryland Rules to serve process; and
(ii)
In Wicomico County, in an action to repossess any premises under this section, service of process on a tenant may be directed to any person authorized under the Maryland Rules to serve process.
(7)
(i)
Notwithstanding the provisions of paragraphs (4) through (6) of this subsection, if the landlord certifies to the court in the written complaint required under paragraph (1) of this subsection that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin, the District Court shall issue its summons, directed to any constable or sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify the occupant of the premises or the next of kin of the deceased tenant, if known, by personal service:
(1)
To appear before the District Court at the trial to be held on the fifth day after the filing of the complaint; and
(2)
To answer the landlord’s complaint to show cause why the demand of the landlord should not be granted.
(ii)
(1)
The constable or sheriff shall proceed to serve the summons upon the occupant of the premises or the next of kin of the deceased tenant, if known, as follows:
(A)
If any of the persons whom the sheriff is directed to serve are found on the property or at another known address, the sheriff shall serve any such persons; or
(B)
If none of the persons whom the sheriff is directed to serve are found on the property or at another known address, the constable or sheriff shall affix an attested copy of the summons conspicuously upon the property.
(2)
The affixing of the summons upon the property shall conclusively be presumed to be a sufficient service to all persons to support the entry of a default judgment for possession of the premises, together with court costs, in favor of the landlord, but it shall not be sufficient service to support a default judgment in favor of the landlord for the amount of rent due.
(c)
(1)
Before a landlord may file a complaint under this section, the landlord shall provide to the tenant a written notice of the landlord’s intent to file a claim in the District Court against the tenant to recover possession of the residential premises if the tenant does not cure within 10 days after the written notice is provided to the tenant.
(2)
(i)
The written notice required under paragraph (1) of this subsection shall be in a form created by the Maryland Judiciary and notice shall occur when the notice is:
(1)
Sent by first–class mail, certificate of mailing;
(2)
Affixed to the door of the premises; or
(3)
If elected by the tenant, sent by electronic delivery in at least one of the following forms:
(A)
An e–mail message;
(B)
A text message; or
(C)
Through an electronic tenant portal.
(ii)
Electronic notice under subparagraph (i)3 of this paragraph shall provide the landlord with proof of the transmission of the notice.
(3)
(i)
A complaint for repossession filed in accordance with this section shall include a statement that states and affirms the date on which the landlord provided the notice required under paragraph (1) of this subsection.
(ii)
A tenant may challenge assertions made by a landlord under this paragraph, and the court may dismiss the landlord’s complaint on a showing of sufficient cause.
(d)
(1)
This subsection applies only to an action for the repossession of residential property for failure to pay rent due during a government shutdown.
(2)
Notwithstanding any other law, the court shall stay the proceeding if the tenant or an occupant of the property that is the subject of the proceeding presents evidence satisfactory to the court that the occupant:
(i)
Uses the property as the individual’s primary residence;
(ii)
Is an employee of the federal or State government or an employee of a local government in the State; and
(iii)
Is involuntarily furloughed from work without pay because of a government shutdown, regardless of whether the employee is required to report to work during the furlough.
(3)
(i)
Subject to subparagraph (ii) of this paragraph, a stay under this subsection shall be granted for a time that the court considers reasonable.
(ii)
A stay under this subsection may not be granted for a period that ends more than 30 days after the end of the government shutdown without a showing of sufficient cause by a party to the action.
(e)
(1)
If, at the trial on the fifth day indicated in subsection (b) of this section, the court is satisfied that the interests of justice will be better served by an adjournment to enable either party to procure their necessary witnesses, the court may adjourn the trial for a period not exceeding 1 day, except with the consent of all parties, the trial may be adjourned for a longer period of time.
(2)
(i)
The information required under subsection (b)(2)(vi) of this section may be an issue of fact in a trial under this section.
(ii)
If, when the trial occurs, it appears to the satisfaction of the court, that the rent, or any part of the rent and late fees are actually due and unpaid, the court shall determine the amount of rent and late fees due as of the date the complaint was filed less the amount of any utility bills, fees, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article, if the trial occurs within the time specified by subsection (b)(4) of this section.
(iii)
(1)
If the trial does not occur within the time specified in subsection (b)(4)(i) of this section and the tenant has not become current since the filing of the complaint, the court, if the complaint so requests, shall enter a judgment in favor of the landlord for possession of the premises and determine the rent and late fees due as of the trial date.
(2)
The determination of rent and late fees shall include the following:
(A)
Rent claimed in the complaint;
(B)
Rent accruing after the date of the filing of the complaint;
(C)
Late fees accruing in or prior to the month in which the complaint was filed; and
(D)
Credit for payments of rent and late fees and other fees, utility bills, or security deposits paid by a tenant under § 7–309 of the Public Utilities Article after the complaint was filed.
(iv)
In the case of a residential tenancy, the court may also give judgment in favor of the landlord for the amount of rent and late fees determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons.
(v)
In the case of a nonresidential tenancy, if the court finds that there was such service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort, the court may also give judgment in favor of the landlord for:
(1)
The amount of rent and late fees determined to be due;
(2)
Costs of the suit; and
(3)
Reasonable attorney’s fees, if the lease agreement authorizes the landlord to recover attorney’s fees.
(vi)
A nonresidential tenant who was not personally served with a summons shall not be subject to personal jurisdiction of the court if that tenant asserts that the appearance is for the purpose of defending an in rem action prior to the time that evidence is taken by the court.
(3)
The court, when entering the judgment, shall also order that possession of the premises be given to the landlord, or the landlord’s agent or attorney, within 4 days after the trial.
(4)
The court may, upon presentation of a certificate signed by a physician certifying that surrender of the premises within this 4–day period would endanger the health or life of the tenant or any other occupant of the premises, extend the time for surrender of the premises as justice may require but not more than 15 days after the trial.
(5)
However, if the tenant, or someone for the tenant, at the trial, or adjournment of the trial, tenders to the landlord the rent and late fees determined by the court to be due and unpaid, together with the costs of the suit, the complaint against the tenant shall be entered as being satisfied.
(f)
(1)
(i)
Except as provided in § 8–407 of this subtitle and subject to the provisions of paragraph (2) of this subsection, if judgment is given in favor of the landlord, and the tenant fails to comply with the requirements of the order within 7 days, the court shall, at any time after the expiration of the 7 days, issue its warrant, directed to any official of the county entitled to serve process, ordering the official to cause the landlord to have again and repossess the property by putting the landlord, or the landlord’s duly qualified agent or attorney, in possession of the property, and for that purpose to remove from the property, by force if necessary, all the furniture, implements, tools, goods, effects or other chattels of every description whatsoever belonging to the tenant, or to any person claiming or holding by or under the tenant.
(ii)
If the landlord does not order a warrant of restitution within 60 days from the later of the date of judgment or the expiration date of any stay of execution:
(1)
The judgment for possession shall be stricken; and
(2)
The judgment shall be applied to the number of judgments necessary to foreclose a tenant’s right to redemption of the leased premises as established in subsection (h)(2) of this section unless the court in its discretion determines that the judgment may not apply for purposes of subsection (h)(2) of this section.
(iii)
If the landlord orders a warrant of restitution but takes no action on the warrant within 60 days from the later of the date the court issues the order for the warrant or the date as otherwise extended by the court:
(1)
The warrant of restitution shall expire and the judgment for possession shall be stricken; and
(2)
The judgment shall be applied to the number of judgments necessary to foreclose a tenant’s right to redemption of the leased premises as established in subsection (h)(2) of this section unless the court in its discretion determines that the judgment may not apply for purposes of subsection (h)(2) of this section.
(2)
(i)
The administrative judge of any district shall stay the execution of a warrant of restitution of a residential property, from day to day, in the event of extreme weather conditions affecting the residential property, including:
(1)
A temperature or next–day forecasted temperature of 32 degrees Fahrenheit or lower;
(2)
A winter storm warning or blizzard warning issued by the National Weather Service;
(3)
A hurricane warning or tropical storm warning issued by the National Weather Service; and
(4)
An excessive heat warning issued by the National Weather Service.
(ii)
When a stay has been granted under this paragraph, the execution of the warrant of restitution for which the stay has been granted shall be given priority and completed within 5 days after the extreme weather conditions cease.
(g)
A warrant of restitution issued under this section shall be executed in compliance with the provisions of § 8–407 of this subtitle.
(h)
(1)
Subject to paragraph (3) of this subsection, in any action of summary ejectment for failure to pay rent where the landlord is awarded a judgment giving the landlord restitution of the leased premises, the tenant shall have the right to redemption of the leased premises by tendering in cash, certified check, or money order to the landlord or the landlord’s agent all past due amounts, as determined by the court under subsection (e) of this section, plus all court awarded costs and fees, at any time before actual execution of the eviction order.
(2)
An electronic or written check issued by a political subdivision or on behalf of a governmental entity shall have the same legal effect as a payment made by the tenant under paragraph (1) of this subsection.
(3)
This subsection does not apply to any tenant against whom three judgments of possession have been entered for rent due and unpaid in the 12 months prior to the initiation of the action to which this subsection otherwise would apply.
(i)
(1)
The tenant or the landlord may appeal from the judgment of the District Court to the circuit court for any county at any time within 4 days from the rendition of the judgment.
(2)
The tenant, in order to stay any execution of the judgment, shall give a bond to the landlord with one or more sureties, who are owners of sufficient property in the State of Maryland, with condition to prosecute the appeal with effect, and answer to the landlord in all costs and damages mentioned in the judgment, and other damages as shall be incurred and sustained by reason of the appeal.
(3)
The bond shall not affect in any manner the right of the landlord to proceed against the tenant, assignee or subtenant for any and all rents that may become due and payable to the landlord after the rendition of the judgment.
Md. Code Ann., Real Prop. § 8-402 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–402LinkCopy Citation
(a)
(1)
A tenant under any periodic tenancy, or at the expiration of a lease, and someone holding under the tenant, who shall unlawfully hold over beyond the expiration of the lease or termination of the tenancy, shall be liable to the landlord for the actual damages caused by the holding over.
(2)
The damages awarded to a landlord against the tenant or someone holding under the tenant, may not be less than the apportioned rent for the period of holdover at the rate under the lease.
(3)
(i)
Any action to recover damages under this section may be brought by suit separate from the eviction or removal proceeding or in the same action and in any court having jurisdiction over the amount in issue.
(ii)
The court may also give judgment in favor of the landlord for the damages determined to be due together with costs of the suit if the court finds that the residential tenant was personally served with a summons, or, in the case of a nonresidential tenancy, there was such service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort.
(iii)
A nonresidential tenant who was not personally served with a summons shall not be subject to personal jurisdiction of the court if that tenant asserts that the appearance is for the purpose of defending an in rem action prior to the time that evidence is taken by the court.
(4)
Nothing in this section is intended to limit any other remedies which a landlord may have against a holdover tenant under the lease or under applicable law.
(b)
(1)
(i)
Subject to § 8–406 of this subtitle and where any tenancy is for any definite term or at will, and the landlord shall desire to repossess the property after the expiration of the term for which it was leased and shall give notice as required under subsection (c) of this section to the tenant or to the person actually in possession of the property to remove from the property at the end of the term, and if the tenant or person in actual possession shall refuse to comply, the landlord may make complaint in writing to the District Court of the county where the property is located.
(ii)
Subject to subparagraph (iii) of this paragraph:
(1)
The court shall issue a summons directed to any constable or sheriff of the county entitled to serve process, ordering the constable or sheriff to notify the tenant, assignee, or subtenant to appear on a day stated in the summons before the court to show cause why restitution should not be made to the landlord;
(2)
The constable or sheriff shall serve the summons on the tenant, assignee, or subtenant on the property, or on the known or authorized agent of the tenant, assignee, or subtenant;
(3)
If, for any reason the tenant, assignee, or subtenant on the property or the known or authorized agent of the tenant, assignee, or subtenant cannot be found, the constable or sheriff shall affix an attested copy of the summons conspicuously on the property; and
(4)
After notice to the tenant, assignee, or subtenant by first–class mail, the affixing of the summons on the property shall be conclusively presumed to be a sufficient service to support restitution.
(iii)
(1)
This subparagraph applies only if the landlord or the landlord’s spouse:
(A)
Is an active service member;
(B)
Has relocated to the State as a direct result of being an active service member;
(C)
Intends to occupy the property that is the subject of a complaint under this section following the entry of a judgment under this section; and
(D)
Submits documentation supporting the requirements of this subparagraph with the complaint.
(2)
The court shall order in the summons required under subparagraph (ii) of this paragraph that the tenant, assignee, or subtenant appear before the court on a day not later than 45 days after the date the landlord makes a complaint under this section to repossess the property.
(3)
If the constable or sheriff of the county fails to serve the summons required under subparagraph (ii) of this paragraph within 10 days after the summons is issued by the court, the summons may be served by a private process server.
(iv)
On the failure of either of the parties to appear before the court on the day stated in the summons, the court may continue the case to a day not less than 6 days or more than 10 days after the day first stated and notify the parties of the continuance.
(2)
(i)
If on hearing the parties, or in case the tenant or person in possession shall neglect to appear after the summons and continuance the court shall find that the landlord had been in possession of the leased property, that the said tenancy is fully ended and expired, that due notice to quit as aforesaid had been given to the tenant or person in possession and that the tenant or person in possession had refused so to do, the court shall give judgment for the restitution of the possession of said premises and shall forthwith issue its warrant to the sheriff or a constable in the respective counties commanding the tenant or person in possession forthwith to deliver to the landlord possession thereof in as full and ample manner as the landlord was possessed of the same at the time when the tenancy was made, and shall give judgment for costs against the tenant or person in possession so holding over.
(ii)
Either party shall have the right to appeal therefrom to the circuit court for the county within 10 days from the judgment.
(iii)
If the tenant appeals and files with the District Court an affidavit that the appeal is not taken for delay, and also a good and sufficient bond with one or more securities conditioned that the tenant will prosecute the appeal with effect and well and truly pay all rent in arrears and all costs in the case before the District Court and in the appellate court and all loss or damage which the landlord may suffer by reason of the tenant’s holding over, including the value of the premises during the time the tenant shall so hold over, then the tenant or person in possession of said premises may retain possession thereof until the determination of said appeal.
(iv)
The appellate court shall, on application of either party, set a day for the hearing of the appeal, not less than 5 days or more than 15 days after the application, and notice for the order for a hearing shall be served on the opposite party or that party’s counsel at least 5 days before the hearing.
(v)
If the judgment of the District Court shall be in favor of the landlord, a warrant shall be issued by the appellate court to the sheriff, who shall proceed forthwith to execute the warrant.
(3)
A warrant of restitution under paragraph (2)(i) of this subsection shall be executed in compliance with the provisions of § 8–407 of this subtitle.
(c)
(1)
This subsection applies to all cases of tenancies at the expiration of a stated term, tenancies from year to year, tenancies from month to month, and tenancies from week to week.
(2)
Except as provided in paragraphs (3) and (4) of this subsection, a landlord shall provide written notice of the intent to terminate a tenancy:
(i)
If the parties have a written lease for a stated term in excess of 1 week or a tenancy from month to month, 60 days before the expiration of the tenancy;
(ii)
In the case of tenancies from year to year, including tobacco farm tenancies from year to year but excluding all other farm tenancies from year to year, 90 days before the expiration of the current year of the tenancy;
(iii)
In the case of tenancies from year to year for all other farm tenancies, 180 days before the expiration of the current year of the tenancy; and
(iv)
In the case of tenancies from week to week:
(1)
If the parties have a written lease, 7 days before the expiration of the tenancy; or
(2)
If the parties do not have a written lease, 21 days before the expiration of the tenancy.
(3)
(i)
When the tenant shall give notice by parol to the landlord or to the landlord’s agent or representatives, at least 30 days before the expiration of the lease or tenancy in all cases except in cases of tenancies from year to year, and at least 90 days’ notice in all cases of tenancy from year to year (except in all cases of farm tenancy, the notice shall be 180 days), of the intention of the tenant to remove at the end of that year and to surrender possession of the property at that time, and the landlord, the landlord’s agent, or representative shall prove the notice from the tenant by competent testimony, it shall not be necessary for the landlord, the landlord’s agent or representative to provide a written notice to the tenant, but the proof of such notice from the tenant as aforesaid shall entitle the landlord to recover possession of the property hereunder.
(ii)
This paragraph shall not apply in Baltimore City.
(4)
(i)
This paragraph does not apply to a property that is:
(1)
In Baltimore City or Montgomery County;
(2)
Owned by a landlord who offers 5 or more residential dwelling units for rent in the State; or
(3)
Subject to an order to docket under § 7–105.1(e) of this article.
(ii)
If a landlord receives notice of an intent to foreclose on the property under § 7–105.1(c)(1) of this article and desires to terminate the tenancy, the landlord shall provide written notice of the intent to terminate a tenancy:
(1)
At least 30 days before the expiration of the lease in cases of tenancies from month to month or tenancies from week to week; or
(2)
At least 60 days before the expiration of the lease in cases of tenancies from year to year.
(5)
(i)
Acceptance of any payment after notice but before eviction shall not operate as a waiver of any notice to quit, notice of intent to vacate or any judgment for possession unless the parties specifically otherwise agree in writing.
(ii)
Any payment accepted shall be first applied to the rent or the equivalent of rent apportioned to the date that the landlord actually recovers possession of the premises, then to court costs, including court awarded damages and legal fees and then to any loss of rent caused by the holdover.
(iii)
Any payment which is accepted in excess of the foregoing shall not bear interest but will be returned to the tenant in the same manner as security deposits as defined under § 8–203 of this title but shall not be subject to the penalties of that section.
(d)
Unless stated otherwise in the written lease and initialed by the tenant, when a landlord consents to a holdover tenant remaining on the premises, the holdover tenant becomes a periodic week–to–week tenant if the tenant was a week–to–week tenant before the tenant’s holding over, and a periodic month–to–month tenant in all other cases.
Md. Code Ann., Real Prop. § 8-402.1 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–402.1LinkCopy Citation
(a)
(1)
(i)
Subject to § 8–406 of this subtitle and where an unexpired lease for a stated term provides that the landlord may repossess the premises prior to the expiration of the stated term if the tenant breaches the lease, the landlord may make complaint in writing to the District Court of the county where the premises is located if:
(1)
The tenant breaches the lease;
(2)
(A)
The landlord has given the tenant 30 days’ written notice that the tenant is in violation of the lease and the landlord desires to repossess the leased premises; or
(B)
The breach of the lease involves behavior by a tenant or a person who is on the property with the tenant’s consent, which demonstrates a clear and imminent danger of the tenant or person doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property and the landlord has given the tenant or person in possession 14 days’ written notice that the tenant or person in possession is in violation of the lease and the landlord desires to repossess the leased premises; and
(3)
The tenant or person in actual possession of the premises refuses to comply.
(ii)
The court shall summons immediately the tenant or person in possession to appear before the court on a day stated in the summons to show cause, if any, why restitution of the possession of the leased premises should not be made to the landlord.
(2)
(i)
If, for any reason, the tenant or person in actual possession cannot be found, the constable or sheriff shall affix an attested copy of the summons conspicuously on the property.
(ii)
After notice is sent to the tenant or person in possession by first–class mail, the affixing of the summons on the property shall be conclusively presumed to be a sufficient service to support restitution.
(3)
If either of the parties fails to appear before the court on the day stated in the summons, the court may continue the case for not less than 6 days or more than 10 days and notify the parties of the continuance.
(b)
(1)
If the court determines that the tenant breached the terms of the lease and that the breach was substantial and warrants an eviction, the court shall give judgment for the restitution of the possession of the premises and issue its warrant to the sheriff or a constable commanding the tenant to deliver possession to the landlord in as full and ample manner as the landlord was possessed of the same at the time when the lease was entered into. The court shall give judgment for costs against the tenant or person in possession.
(2)
Either party may appeal to the circuit court for the county, within 10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities conditioned on diligent prosecution of the appeal; (iii) pays all rent in arrears, all court costs in the case; and (iv) pays all losses or damages which the landlord may suffer by reason of the tenant’s holding over, the tenant or person in possession of the premises may retain possession until the determination of the appeal. On application of either party, the court shall set a day for the hearing of the appeal not less than 5 days or more than 15 days after the application, and notice of the order for a hearing shall be served on the other party or that party’s counsel at least 5 days before the hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be issued by the court which hears the appeal to the sheriff, who shall execute the warrant.
(c)
A warrant of restitution issued under this section shall be executed in compliance with the provisions of § 8–407 of this subtitle.
(d)
(1)
Acceptance of any payment after notice but before eviction shall not operate as a waiver of any notice of breach of lease or any judgment for possession unless the parties specifically otherwise agree in writing.
(2)
Any payment accepted shall be first applied to the rent or the equivalent of rent apportioned to the date that the landlord actually recovers possession of the premises, then to court costs, including court awarded damages and legal fees and then to any loss of rent caused by the breach of lease.
(3)
Any payment which is accepted in excess of the rent referred to in paragraph (2) of this subsection shall not bear interest but will be returned to the tenant in the same manner as security deposits as defined under § 8–203 of this title but shall not be subject to the penalties of that section.
Md. Code Ann., Real Prop. § 8-402.2 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–402.2LinkCopy Citation
(a)
(1)
This section applies to property:
(i)
Leased for business, commercial, manufacturing, mercantile, or industrial purposes, or any other purpose that is not primarily residential;
(ii)
Improved or to be improved by any apartment, condominium, cooperative, or other building for multifamily use of greater than four dwelling units; or
(iii)
Leased for dwellings or mobile homes that are erected or placed in a mobile home development or mobile home park.
(2)
This section does not apply to residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units.
(b)
(1)
Whenever, in a case that involves a 99–year ground lease renewable forever, at least 6 months ground rent is in arrears and the landlord has the lawful right to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending to the tenant by certified mail, return receipt requested, at the tenant’s last known address, and also by first–class mail to the title agent or attorney listed on the deed to the property or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an action for possession of the property under § 14–108.1 of this article.
(2)
(i)
If the tenant cannot be personally served in accordance with paragraph (1) of this subsection, or there is no tenant in actual possession of the property, service by posting notice on the property may be made in accordance with the Maryland Rules.
(ii)
Personal service or posting in accordance with the Maryland Rules shall stand in the place of a demand and reentry.
(c)
(1)
Before entry of a judgment the landlord shall give written notice of the pending entry of judgment to each mortgagee of the lease, or any part of the lease, who before entry of the judgment has recorded in the land records of each county where the property is located a timely request for notice of judgment.
(2)
A request for notice of judgment described under paragraph (1) of this subsection shall:
(i)
Be recorded in a separate paper or electronic index that is indexed under the name of the mortgagor;
(ii)
Identify the property on which the mortgage is held and refer to the date and recording reference of that mortgage;
(iii)
State the name and address of the holder of the mortgage; and
(iv)
Identify the ground lease by stating:
(1)
The name of the original lessor;
(2)
The date the ground lease was recorded; and
(3)
The office, docket or book, and page where the ground lease is recorded.
(3)
(i)
The landlord shall mail the notice by certified mail return receipt requested to the mortgagee at the address stated in the recorded request for notice of judgment.
(ii)
If the notice is not given, judgment in favor of the landlord does not impair the lien of the mortgagee.
(iii)
Except as otherwise provided in this subsection, the property is discharged from the lease and the rights of all persons claiming under the lease are foreclosed unless, within 6 calendar months after execution of the judgment for possession, the tenant or any other person claiming under the lease:
(1)
Pays the ground rent, arrears, and all costs awarded against that person; and
(2)
Commences a proceeding to obtain relief from the judgment.
(d)
This section does not bar the right of any mortgagee of the lease, or any part of the lease, who is not in possession at any time before expiration of 6 calendar months after execution of the judgment awarding the landlord possession, to pay all costs and damages sustained by the landlord and to perform all the covenants and agreements that are to be performed by the tenant.
Md. Code Ann., Real Prop. § 8-403 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–403LinkCopy Citation
(a)
If the court in any case brought under § 8–401 or § 8–402 of this subtitle or § 14–132 of this article orders an adjournment of the trial for a longer period than provided for in the section under which the case has been instituted, the tenant or the person in possession shall pay into the court exercising jurisdiction in the case an amount and in the manner determined by the court to be appropriate as specified in § 8–118 of this title or, in the case of wrongful detainer, § 8–118.1 of this title.
(b)
However, the court may order a tenant to pay rents due and as come due into an administrative agency of any county which is empowered by local law to hold rents in escrow pending investigation and disposition of complaints by tenants; the court also may refer that case to the administrative agency for investigation and report to the court.
(c)
The payment into the court shall be due before the date to which the trial is adjourned or within 5 days after adjournment if the trial is adjourned more than 5 days, or to the administrative agency within 5 days after the court has ordered the rent paid into an administrative agency.
(d)
If, on motion of the plaintiff and after hearing, the court determines that the payment was not made as ordered by the court and that there is no legal justification for the failure to pay, the court shall give judgment in favor of the plaintiff and issue a warrant for possession in accordance with the provisions of the section under which the case is brought.
Md. Code Ann., Real Prop. § 8-404 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–404LinkCopy Citation
(a)
In this section, “claimant” means the person identified by a tenant or person in possession as someone who claims title to the property leased or possessed by the tenant or person in possession.
(b)
(1)
In any action brought under § 8–401 or § 8–402 of this subtitle or § 14–132 of this article, if the tenant or person in possession shall allege that the title to the property is disputed and in the case of a lease, that title is claimed by a claimant whom the tenant shall name, by virtue of a right or title accruing or happening since the commencement of the lease, by descent or deed from or by devise under the last will or testament of the landlord and, otherwise, if the person in possession or any claimant is alleged to have title, then the court shall, upon determination that title is relevant, forbear to give judgment for possession and costs.
(2)
The tenant or person in possession so claiming shall cause a summons to be immediately issued to the claimant by the District Court and made returnable within 5 days next following.
(3)
The claimant shall appear before the court and shall under oath, declare that the claimant claims title to the property which is the subject of the action and shall, with two sufficient securities, enter into bond to the plaintiff or parties in interest, in such sum as the court shall determine to be proper and reasonable security to said plaintiff or parties in interest, to prosecute with effect the claimant’s claim in the circuit court for the county.
(4)
If the said claim shall not be commenced in the circuit court within 10 days of the first appearance of the claimant in the District Court, the District Court shall proceed to give judgment for possession and costs and issue its warrant.
Md. Code Ann., Real Prop. § 8-405 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–405LinkCopy Citation
(a)
If a tenant under a lease dies intestate and without next of kin, the landlord may bring an action for summary ejectment under § 8–401 of this subtitle against the tenant named in the lease notwithstanding the tenant’s death.
(b)
The landlord shall certify to the court in the written complaint required under § 8–401(b)(1) of this subtitle that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin.
(c)
Property or income from property that a landlord holds for a deceased, intestate tenant without next of kin shall be presumed abandoned in accordance with Title 17 of the Commercial Law Article.
Md. Code Ann., Real Prop. § 8-406 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–406LinkCopy Citation
(a)
(1)
This section applies only in a county, a municipality, or any other jurisdiction that requires a license for the lawful operation of residential rental property.
(2)
This section does not apply to an action to repossess under § 8–402.1(a)(1)(i)2B of this subtitle.
(b)
On the filing of a written complaint to repossess residential property under § 8–401, § 8–402, or § 8–402.1 of this subtitle or under Subtitle 9 of the Code of Public Local Laws of Baltimore City, the landlord shall plead with supporting facts in the form prescribed by the Judiciary that the property is:
(1)
Licensed in compliance with applicable local rental licensing requirements;
(2)
Exempt from applicable local rental licensing requirements; or
(3)
Unlicensed for reasons described under subsection (c)(1)(iii), (iv), or (v) of this section.
(c)
(1)
At trial, the landlord must demonstrate by a preponderance of the evidence that the property listed in the written complaint is:
(i)
Licensed in compliance with applicable local rental licensing requirements;
(ii)
Exempt from applicable local rental licensing requirements;
(iii)
Not licensed in compliance with applicable local rental licensing requirements because of a wrongful act of the tenant, regardless of intention, that caused the licensing authority to suspend, revoke, or refuse to grant or renew the rental license;
(iv)
Not licensed in compliance with applicable local rental licensing requirements because an administrative error or omission by the licensing authority caused the licensing authority to suspend, revoke, or refuse to grant or renew the rental license; or
(v)
Part of a multi–unit property not licensed in compliance with local rental licensing requirements because of a condition affecting another unit in the multi–unit property and where:
(1)
There is one license for multiple units;
(2)
The property listed in the written complaint and the surrounding common areas:
(A)
Satisfy the inspection requirements of the local licensing authority; and
(B)
Are free of defects that threaten the life, health, or safety of the tenant; and
(3)
The landlord has taken all necessary steps to obtain or renew the rental license for the property but is unable to obtain or renew the license due to a condition affecting another unit not subject to the eviction action on the multi–unit rental license.
(2)
The court shall grant one postponement in the event that a party seeks additional evidence related to the assertion in paragraph (1) of this subsection.
(3)
To satisfy the requirements of this subsection, a landlord may provide electronic proof of licensure.
Md. Code Ann., Real Prop. § 8-407 (2026)
Title 8. Landlord and Tenant
Subtitle 4. Landlord's Remedies Other Than Distraint
§ 8–407LinkCopy Citation
(a)
This section applies to a warrant of restitution issued to a landlord to take possession of residential property under § 8–401, § 8–402, or § 8–402.1 of this subtitle or an equivalent provision of public local law.
(b)
(1)
Subject to subsection (e) of this section, after a court has issued a warrant of restitution, the landlord shall, at least 6 days before the scheduled date of repossession as set by the sheriff, provide written notice to the tenant of the date on which the warrant of restitution is scheduled to be executed by:
(i)
Sending the notice by first–class mail with certificate of mailing;
(ii)
Posting the notice on the front door of the leased premises and taking a date–stamped photograph of the notice posted on the front door; and
(iii)
If the landlord knows or has on file the e–mail address or cellphone number of the tenant, sending the notice electronically to the tenant by an e–mail message or a text message.
(2)
The notice required under paragraph (1) of this subsection shall include:
(i)
The District Court case number;
(ii)
The tenant’s name as stated in the summary ejectment case;
(iii)
The address of the leased premises;
(iv)
The date on which the warrant of restitution was ordered by the court;
(v)
The initial scheduled date of the eviction;
(vi)
A statement that the repossession may occur unless the tenant:
(1)
Returns possession of the leased premises to the landlord; or
(2)
For a warrant of restitution issued under § 8–401 of this subtitle, exercises the right to redemption under § 8–401 of this subtitle, if available;
(vii)
If the tenant still has a right to redemption of the leased premises under § 8–401(h) of this subtitle, a statement showing the amount still due to redeem the property;
(viii)
A statement that the notice is the final notice to the tenant of the intended repossession, even if the repossession is stayed for any reason;
(ix)
The following statement:
“You could lose all your personal belongings left inside your home when the eviction occurs. Local laws and practices about disposal of any of your personal belongings upon eviction vary.
You may seek advice by calling 211 for a legal referral or by contacting the District Court Help Center at (insert the telephone number for the District Court Help Center) or (insert the address for the website of the District Court Help Center) to speak to an attorney.”; and
(x)
The telephone number, e–mail address, and mailing address at which the landlord may be contacted.
(3)
A landlord may charge the tenant for expenses actually incurred in providing notice under paragraph (1) of this subsection in an amount not to exceed $5.
(4)
There is a rebuttable presumption that a tenant was notified as required under paragraph (1) of this subsection if the landlord provides to the sheriff or constable:
(i)
The certificate of mailing;
(ii)
A photograph of the notice posted on the front door of the leased premises containing a readable timestamp indicating the date and time that the notice was posted; and
(iii)
A signed affidavit of the person who posted the notice on the front door of the leased premises.
(5)
(i)
If the sheriff reasonably believes that the landlord has not provided the notice required under paragraph (1) of this subsection or that the tenant may have redeemed the property, the sheriff:
(1)
Shall notify the District Court; and
(2)
May not execute the warrant of restitution without further order of the District Court.
(ii)
If the District Court finds that the landlord did not provide the notice required under paragraph (1) of this subsection, the District Court shall vacate the warrant of restitution.
(c)
Except as provided in subsection (b)(5) of this section, if the landlord presents the documentation listed in subsection (b)(1) of this section, the sheriff or constable shall:
(1)
File the documentation with the clerk of the court; and
(2)
Subject to § 14–806 of this article, execute the warrant of restitution by putting the landlord in possession of the premises.
(d)
If a tenant is not present during the execution of the warrant of restitution, the sheriff or constable shall post a notice on the front door of the premises stating that repossession of the premises has been completed.
(e)
Nothing in this section may be interpreted to restrict the authority of local jurisdictions to enact or enforce legislation that:
(1)
Increases the minimum number of days of notice required in subsection (b)(1) of this section to as many as 14 days;
(2)
Decreases the minimum number of days of notice required in subsection (b)(1) of this section to as few as 4 days; or
(3)
Establishes penalties for a violation of this section.
(f)
If a court finds in favor of a tenant based on a violation of this section, the tenant is entitled to:
(1)
Actual damages;
(2)
Reasonable attorney’s fees and costs;
(3)
Injunctive relief to recover possession of the leased premises or personal property; or
(4)
Any other remedy the court may find reasonable.