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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0062*
HOUSE BILL 62
N1, D2 6lr1604
(PRE–FILED) CF 6lr1602
By: Delegate Simmons
Requested: October 31, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Anne Arundel County – Summons for Actions to Repossess for Failure to Pay 2
Rent – Alterations 3
FOR the purpose of requiring the District Court for Anne Arundel County to issue its 4
summons for a trial to repossess for failure to pay rent to any constable or sheriff’s 5
designee; providing that a sheriff’s designee in Anne Arundel County has the same 6
authority and responsibility as a constable or sheriff in an action to repossess for a 7
failure to pay rent; requiring a sheriff’s designee to post a notice of a trial at a certain 8
property or address; prohibiting the District Court from directing a constable or 9
sheriff’s designee from serving process to appear before the District Court on a 10
certain day under certain circumstances; and generally relating to actions to 11
repossess for failure to pay rent in Anne Arundel County. 12
BY repealing and reenacting, with amendments, 13
Article – Real Property 14
Section 8–401(b) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Real Property 20
8–401. 21
(b) (1) Whenever any landlord shall desire to repossess any premises to which 22
the landlord is entitled under the provisions of subsection (a) of this section, the landlord 23
or the landlord’s duly qualified agent or attorney shall ensure that the landlord has 24
completed the procedures required under subsection (c) of this section. 25
2 HOUSE BILL 62
(2) Subject to § 8–406 of this subtitle and after completing the procedures 1
required under subsection (c) of this section, a landlord or the landlord’s duly qualified 2
agent or attorney may file the landlord’s written complaint under oath or affirm ation, in 3
the District Court of the county wherein the property is situated: 4
(i) Describing in general terms the property sought to be 5
repossessed; 6
(ii) Setting forth the name of each tenant to whom the property is 7
rented or any assignee or subtenant; 8
(iii) Stating the amount of rent and any late fees due and unpaid, less 9
the amount of any utility bills, fees, or security deposits paid by a tenant under § 7 –309 of 10
the Public Utilities Article; 11
(iv) Requesting to repossess the premises and, i f requested by the 12
landlord, a judgment for the amount of rent due, costs, and any late fees, less the amount 13
of any utility bills, fees, or security deposits paid by a tenant under § 7 –309 of the Public 14
Utilities Article; 15
(v) If applicable, stating that, to the best of the landlord’s knowledge, 16
the tenant is deceased, intestate, and without next of kin; and 17
(vi) If the property to be repossessed is an affected property as 18
defined in § 6–801 of the Environment Article, stating that the landlord has registered the 19
affected property as required under § 6 –811 of the Environment Article and renewed the 20
registration as required under § 6–812 of the Environment Article and: 21
1. A. If the current tenant moved into the property on or 22
after February 24, 1996, stating the inspection certificate number for the inspection 23
conducted for the current tenancy as required under § 6–815(c) of the Environment Article; 24
or 25
B. On or after February 24, 2006, stating the inspection 26
certificate number for the inspection conducted for the current tenancy as required under 27
§ 6–815(c), § 6–817(b), or § 6–819(f) of the Environment Article; or 28
2. Stating that the owner is unable to provide an inspection 29
certificate number because: 30
A. The owner has requested that the tenant allow the owner 31
access to the property to perform the work required under Title 6, Subtitle 8 of the 32
Environment Article; 33
B. The owner has offered to relocate the tenant in order to 34
allow the owner to perform work if the work will disturb the paint on the interior surfaces 35
HOUSE BILL 62 3
of the property and to pay the reasonable expenses the tenant would incur directly related 1
to the relocation; and 2
C. The tenant has refused to allow access to the owner or 3
refused to vacate the property in order for the owner to perform the required work. 4
(3) For the purpose of the court’s determination under subsection (e) of this 5
section the landlord shall also specify the amount of rent due for each rental period under 6
the lease, the day that the rent is due for each rental period, and any late fees for overdue 7
rent payments. 8
(4) [The] EXCEPT AS PROVIDED IN PARAGRAPH (8) OF THIS 9
SUBSECTION, THE District Court shall issue its summons, directed to any constable or 10
sheriff of the county entitled to serve process, and ordering the constable or sheriff to notify 11
the tenant, assignee, or subtenant by first–class mail: 12
(i) To appear before the District Court at the trial to be held on the 13
fifth day after the filing of the complaint; and 14
(ii) To answer the lan dlord’s complaint to show cause why the 15
demand of the landlord should not be granted. 16
(5) (i) [The] EXCEPT AS PROVIDED IN PARAGRAPH (8) OF THIS 17
SUBSECTION, THE constable or sheriff shall proceed to serve the summons upon the 18
tenant, assignee, or subtenant or their known or authorized agent as follows: 19
1. If personal service is requested and any of the persons 20
whom the sheriff shall serve is found on the pro perty, the sheriff shall serve any such 21
persons; or 22
2. If personal service is requested and none of the persons 23
whom the sheriff is directed to serve shall be found on the property and, in all cases where 24
personal service is not requested, the constable or sheriff shall affix an attested copy of the 25
summons conspicuously upon the property. 26
(ii) The affixing of the summons upon the property after due 27
notification to the tenant, assignee, or subtenant by first –class mail shall conclusively be 28
presumed to be a sufficient service to all persons to support the entry of a default judgment 29
for possession of the premises, together with court costs, in favor of the landlord, but it shall 30
not be sufficient service to support a default judgment in favor of the landlord for the 31
amount of rent due. 32
(6) Notwithstanding the provisions of paragraphs (1) through (5) of this 33
subsection: 34
(i) In an action to repossess nonresidential property under this 35
section, service of process on a tenant: 36
4 HOUSE BILL 62
1. Shall be directed to the sheriff of the appropriate county 1
or municipality; and 2
2. On plaintiff’s request, may be directed to any person 3
authorized under the Maryland Rules to serve process; and 4
(ii) In Wicomico County, in an action to repossess any pr emises 5
under this section, service of process on a tenant may be directed to any person authorized 6
under the Maryland Rules to serve process. 7
(7) (i) Notwithstanding the provisions of paragraphs (4) through (6) of 8
this subsection, if the landlord certifies to the court in the written complaint required under 9
paragraph (1) of this subsection that, to the best of the landlord’s knowledge, the tenant is 10
deceased, intestate, and without next of kin, the District Court shall issue its summons, 11
directed to any constable or sheriff of the county entitled to serve process, and ordering the 12
constable or sheriff to notify the occupant of the premises or the next of kin of the deceased 13
tenant, if known, by personal service: 14
1. To appear before the District Cour t at the trial to be held 15
on the fifth day after the filing of the complaint; and 16
2. To answer the landlord’s complaint to show cause why the 17
demand of the landlord should not be granted. 18
(ii) 1. The constable or sheriff shall proceed to serve the 19
summons upon the occupant of the premises or the next of kin of the deceased tenant, if 20
known, as follows: 21
A. If any of the persons whom the sheriff is directed to serve 22
are found on the property or at another known address, the sheriff shall serve a ny such 23
persons; or 24
B. If none of the persons whom the sheriff is directed to serve 25
are found on the property or at another known address, the constable or sheriff shall affix 26
an attested copy of the summons conspicuously upon the property. 27
2. The affixing of the summons upon the property shall 28
conclusively be presumed to be a sufficient service to all persons to support the entry of a 29
default judgment for possession of the premises, together with court costs, in favor of the 30
landlord, but it shall not be sufficient service to support a default judgment in favor of the 31
landlord for the amount of rent due. 32
(8) (I) THIS PARAGRAPH APPLIE S ONLY IN ANNE ARUNDEL 33
COUNTY. 34
HOUSE BILL 62 5
(II) NOTWITHSTANDING PARAG RAPHS (4) AND (5) OF THIS 1
SUBSECTION, THE DISTRICT COURT SHALL ISSUE ITS SUMMONS, DIRECTED TO ANY 2
CONSTABLE OR SHERIFF ’S DESIGNEE OF THE CO UNTY ENTITLED TO SER VE 3
PROCESS, AND ORDERING THE CONSTABLE OR SHERIFF’S DESIGNEE TO NOTIFY THE 4
TENANT, ASSIGNEE, OR SUBTENANT BY FIRST–CLASS MAIL TO: 5
1. APPEAR BEFORE THE DISTRICT COURT AT THE TRIAL 6
TO BE HELD ON THE THIRTIETH DAY AFTER THE FILING OF THE COMPLAINT; AND 7
2. ANSWER THE LANDLORD ’S COMPLAINT TO SHOW 8
CAUSE WHY THE DEMAND OF THE LANDLORD SHOULD NOT BE GRANTED. 9
(III) A SHERIFF’S DESIGNEE HAS THE S AME AUTHORITY AND 10
RESPONSIBILITY AS A CONSTABLE OR SHERIFF IDENTIFIED IN PARAGRAPHS (5)(I) 11
AND (7) OF THIS SUBSECTION. 12
(IV) A SHERIFF’S DESIGNEE SHALL POS T A NOTICE OF A TRIA L 13
AT THE PROPERTY OR A NOTHER KNOWN ADDRESS OF THE TENANT, ASSIGNEE, OR 14
SUBTENANT AT LEAST 7 DAYS BEFORE THE DATE OF THE TRIAL. 15
(V) THE DISTRICT COURT MAY NOT DIRECT A CONSTABLE OR 16
SHERIFF’S DESIGNEE TO SERVE PROCESS TO APPEAR BEFORE THE DISTRICT COURT 17
IN A MATTER UNDER THIS SECTION FOR A GIVEN DAY IF THE NUMBER OF MATTERS 18
BEFORE THE DISTRICT COURT ON THAT DAY EXCEEDS 100. 19
(VI) IF SERVICE IS DIRECTE D TO A CONSTABLE OR SHERIFF’S 20
DESIGNEE, THE SERVICE FEE SHALL BE PAID DIRECTLY TO THE SHERIFF’S OFFICE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23