Real Property - Wrongful Detainer Actions - Time of Hearing

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0858*

HOUSE BILL 858
E1, N1 6lr3165

By: Delegate Conaway
Introduced and read first time: February 4, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Real Property – Wrongful Detainer Actions – Time of Hearing 2

FOR the purpose of altering the period of time during which a hearing must be held after 3
the filing of a wrongful detainer action; and generally relating to wrongful detainer 4
actions. 5

BY repealing and reenacting, without amendments, 6
Article – Real Property 7
Section 14–132(a), (b), and (c) 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Article – Real Property 12
Section 14–132(d) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2025 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – Real Property 18

14–132. 19

(a) In this section, “wrongful detainer” means to hold possession of real property 20
without the right of possession. 21

(b) This section does not apply if: 22

2 HOUSE BILL 858

(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 hearing scheduled under subparagraph (i) of this paragraph 15
shall be held not more than [10 business] 14 CALENDAR days after the complaint is filed 16
under paragraph (1) of this subsection. 17

(3) If, for any reason, the person in actual possession cannot be found after 18
two good faith efforts on different days, the person authorized to serve process by the 19
Maryland Rules shall: 20

(i) File an affidavit with the court describing the good faith efforts 21
to serve the person in actual possession; 22

(ii) Mail a copy of the complaint by certified mail, return receipt 23
requested, and first–class mail to the last known address of the person in actual possession 24
and, if different, to the address of the residential property subject to the complaint; and 25

(iii) Affix an attested copy of the summons conspicuously on the 26
property. 27

(4) If notice of the summons is sent to the person in possession in 28
accordance with paragraph (3) of this subsection, the notice shall constitute sufficient 29
service to support restitution of possession. 30

(5) Service shall be made under paragraphs (3) and (4) of this subsection 31
within 4 business days after the complaint is filed under paragraph (1) of this subsection. 32

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
October 1, 2026. 34