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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0059*
HOUSE BILL 59
N1 6lr0777
HB 271/25 – JUD (PRE–FILED) CF 6lr0778
By: Delegate Addison
Requested: September 3, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters and Judiciary
A BILL ENTITLED
AN ACT concerning 1
Real Property – Expedited Wrongful Detainer Proceedings – Property for Sale 2
or Lease 3
FOR the purpose of requiring certain expedited proceedings in a wrongful detainer action 4
if the property that is the subject of the action is, at the time of the complaint, 5
advertised or listed for sale or lease by the complainant and requiring that notice of 6
a hearing or appeal be served in person or, under certain circumstanc es, posted 7
conspicuously on the property; requiring the District Court or the circuit court to 8
issue a warrant within a certain number of hours if the court rules in favor of the 9
complainant in an expedited wrongful detainer action; and generally relating to a 10
wrongful detainer action for possession of real property. 11
BY repealing and reenacting, with amendments, 12
Article – Real Property 13
Section 14–132 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Real Property 19
14–132. 20
(a) In this section, “wrongful detainer” means to hold possession of real property 21
without the right of possession. 22
(b) This section does not apply if: 23
2 HOUSE BILL 59
(1) The person in actual possession of the property has been granted 1
possession under a court order; 2
(2) A remedy is available under Title 8 of this article; or 3
(3) Any other exclusive means to recover possession is provided by statute 4
or rule. 5
(c) A person may not hold possession of property unless the person is entitled to 6
possession of the property under the law. 7
(d) (1) If a person violates subsection (c) of this section, a person claiming 8
possession may make complaint in writing to the District Court of the county in which the 9
property is located. 10
(2) (i) On receipt of a complaint under paragraph (1) of this subsection, 11
the court shall summons immediately the person in possession to appear before the court 12
on the day specified in the summons to show cause, if any, why restitution of the possession 13
of the property to the person filing the complaint should not be made. 14
(ii) [A] EXCEPT AS PROVIDED IN SUBSECTION (J) OF THIS 15
SECTION, A hearing scheduled under subparagraph (i) of this paragraph shall be held not 16
more than 10 business days after the complaint is filed under paragraph (1) of this 17
subsection. 18
(3) If, for any reason, the person in actual possession cannot be found after 19
two good faith efforts on different da ys, the person authorized to serve process by the 20
Maryland Rules shall: 21
(i) File an affidavit with the court describing the good faith efforts 22
to serve the person in actual possession; 23
(ii) Mail a copy of the complaint by certified mail, return rec eipt 24
requested, and first–class mail to the last known address of the person in actual possession 25
and, if different, to the address of the residential property subject to the complaint; and 26
(iii) Affix an attested copy of the summons conspicuously on t he 27
property. 28
(4) If notice of the summons is sent to the person in possession in 29
accordance with paragraph (3) of this subsection, the notice shall constitute sufficient 30
service to support restitution of possession. 31
(5) Service shall be made under pa ragraphs (3) and (4) of this subsection 32
within 4 business days after the complaint is filed under paragraph (1) of this subsection. 33
(e) A counterclaim or cross–claim may not be filed in an action brought under this 34
HOUSE BILL 59 3
section. 1
(f) (1) If the court determi nes that the complainant is legally entitled to 2
possession, the court shall: 3
(i) Give judgment for restitution of the possession of the property to 4
the complainant; and 5
(ii) Issue its warrant to the sheriff or constable commanding the 6
sheriff or constable to deliver possession to the complainant. 7
(2) The court may also give judgment in favor of the complainant for 8
damages due to the wrongful detainer and for court costs and attorney fees if: 9
(i) The complainant claimed damages in the complaint; and 10
(ii) The court finds that: 11
1. The person in actual possession was personally served 12
with the summons; or 13
2. There was service of process or submission to the 14
jurisdiction of the court as would support a judgment in contract or tort. 15
(3) A person in actual possession who is not personally served with a 16
summons is not subject to the personal jurisdiction of the District Court if the person 17
appears in response to the summons and prior to the time that evidence is taken by the 18
court and asserts that the appearance is only for the purpose of defending an in rem action. 19
(g) Subject to § 8 –118.1 of this article, a party to a wrongful detainer action 20
brought in the District Court under this section may demand a trial by jury in acco rdance 21
with Title 8, Subtitle 6 of this article. 22
(h) (1) Not later than 10 days from the entry of the judgment of the District 23
Court, either party may appeal to the circuit court for the county in which the property is 24
located. 25
(2) The person in actua l possession of the property may retain possession 26
until the determination of the appeal if the person: 27
(i) Files with the court an affidavit that the appeal is not taken for 28
delay; and 29
(ii) 1. Files sufficient bond with one or more securities 30
conditioned on diligent prosecution of the appeal; or 31
2. Pays to the complainant or into the appellate court: 32
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A. The fair rental value of the property for the entire period 1
of possession up to the date of judgment; 2
B. All court costs in the case; 3
C. All losses or damages other than the fair rental value of 4
the property up to the day of judgment that the court determined to be due because of the 5
detention of possession; and 6
D. The fair rental value of the property during the pendency 7
of the appeal. 8
(3) On application of either party, the court shall set a hearing date for the 9
appeal that is not less than 5 days or more than 15 days after the application for appeal. 10
(4) Notice of the order for a hearing shall be served on the parties or the 11
parties’ counsels not less than 5 days before the hearing. 12
(i) If the judgment of the circuit court shall be in favor of the person claiming 13
possession, a warrant shall be issued by the court to the sheriff, who shall proceed 14
immediately to execute the warrant. 15
(J) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION, IF THE 16
PROPERTY THAT IS THE SUBJECT OF A COMPLAINT UNDER THIS SECTION IS, AT THE 17
TIME OF THE COMPLAIN T, ADVERTISED FOR SALE OR LEASE OR LISTED F OR SALE 18
OR LEASE ON A LOCAL MULTIPLE LISTING SERVICE , WRONGFUL DETAINER 19
PROCEEDINGS UNDER THIS SECTION SHALL BE EXPEDITED AS FOLLOWS: 20
(1) (I) THE DISTRICT COURT SHALL SUMMONS I MMEDIATELY, IN 21
PERSON, THE PERSON IN ACTUAL POSSESSION OF THE PR OPERTY TO APPEAR 22
BEFORE THE COURT ON THE DAY SPECIFIED IN THE SUMMONS, WHICH MAY NOT BE 23
MORE THAN 5 DAYS AFTER THE FILING OF THE COMPLAINT; AND 24
(II) IF, FOR ANY REASON, THE PERSON CANNOT BE FOUND, THE 25
PERSON AUTHORIZED TO SERVE PROCESS BY THE MARYLAND RULES SHALL AFFIX 26
AN ATTESTED COPY OF THE SUMMONS CONSPICUOUSLY ON THE PROPERTY; 27
(2) THE DISTRICT COURT SHALL ISSUE A R ULING ON THE 28
COMPLAINT WITHIN 2 BUSINESS DAYS AFTER THE HEARING; 29
(3) (I) AN APPEAL AUTHORIZED UNDER SUBSECTION (H) OF THIS 30
SECTION SHALL BE FILED WITH THE CI RCUIT COURT FOR THE COUNTY IN WHICH 31
THE PROPERTY IS LOCATED BY EITHER PARTY WITHIN 2 BUSINESS DAYS AFTER THE 32
ENTRY OF THE JUDGMENT OF THE DISTRICT COURT; 33
HOUSE BILL 59 5
(II) 1. THE CIRCUIT COURT SHALL SET A HEARING DATE FOR 1
AN APPEAL WITHIN 3 BUSINESS DAYS AFTER THE APPLICATION FOR APPEAL; AND 2
2. THE CIRCUIT COURT SHA LL SERVE NOTICE OF THE 3
ORDER FOR THE HEARIN G ON THE PARTIES OR TH E PARTIES ’ COUNSELS 4
IMMEDIATELY AND IN PERSON; AND 5
(III) THE JUDGMENT OF THE C IRCUIT COURT SHALL BE ISSUED 6
WITHIN 2 BUSINESS DAYS AFTER THE APPEAL HAS BEEN HEARD; AND 7
(4) IF THE DISTRICT COURT, OR THE CIRCUIT COURT IN THE EVENT 8
OF AN APPEAL, RULES IN FAVOR OF THE COMPLAINANT: 9
(I) A WARRANT SHALL BE ISS UED BY THE COURT TO THE 10
SHERIFF WITHIN 24 HOURS AFTER THE RULING; AND 11
(II) THE SHERIFF SHALL PROCEED IMMEDIATELY TO EXECUTE 12
THE WARRANT. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2026. 15