Maryland Code § RP-8A-1701

Section RP-8A-1701
Open in Lexace · Ask the AI about this section
(a) Whenever the resident under any rental agreement, express or implied,
verbal or written, shall fail to pay the rent when due and payable, it shall be lawful
for the park owner to have again and repossess the premises so rented.
(b) Whenever any park owner shall desire to repossess any premises to
which he is entitled, he or his duly qualified agent or attorney, shall make his written
complaint under oath or affirmation, before the District Court of the county wherein
the property is situated, describing in general terms the property sought to be
repossessed, and also setting forth the name of the resident to whom the property is
rented or his assignee or subtenant with the amount of rent due and unpaid; and
praying by warrant to repossess the premises, together with judgment for the amount
of rent due and costs. The District Court shall issue its summons, directed to any
constable or sheriff of the county entitled to serve process, and ordering him to notify
by first-class mail the tenant, assignee, or subtenant to appear before the District
Court at the trial to be held on the fifth day after the filing of the complaint, to answer
the park owner's complaint to show cause why the prayer of the park owner should
not be granted, and the constable or sheriff shall proceed to serve the summons upon
the resident, assignee, or subtenant in the property or upon his known or authorized
agent, but if for any reason, neither the resident, assignee, or subtenant, nor his

agent, can be found, then the constable or sheriff shall affix an attested copy of the
summons conspicuously upon the mobile home. The affixing of the summons upon
the mobile home after due notification to the resident, 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 park owner, but it shall not be sufficient service to support
a default judgment in favor of the park owner for the amount of rent due.
(c) (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 his necessary witnesses, he may
adjourn the trial for a period not exceeding 1 day, except that if the consent of all
parties is obtained, the trial may be adjourned for a longer period of time.
(2) If, when the trial occurs, it appears to the satisfaction of the court,
that the rent, or any part of the rent, is actually due and unpaid, the court shall
determine the amount of rent due and enter a judgment in favor of the park owner
for possession of the premises. The court may also give judgment in favor of the park
owner for the amount of rent determined to be due together with costs of the suit if
the court finds that the actual service of process made on the defendant would have
been sufficient to support a judgment in an action in contract or tort.
(3) The court, when entering the judgment, shall also order the
resident to yield and render possession of the premises to the park owner, or his agent
or attorney, within 30 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 30-day period would
endanger the health or life of the resident or any other occupant of the premises,
extend the time for surrender of the premises as justice may require. However, the
court may not extend the time for the surrender of the premises beyond 45 days after
the trial.
(5) However, if the resident, or someone for him, at the trial, or
adjournment of the trial, tenders to the park owner the rent determined by the court
to be due and unpaid, together with the costs of the suit, the complaint against the
resident shall be entered as being satisfied.
(d) If judgment is given in favor of the park owner, and the resident fails to
comply with the requirements of the order within 15 days, the court shall, at any time
after the expiration of the 15 days, issue its warrant, directed to any official of the
county entitled to serve process, ordering him to cause the park owner to have again
and repossess the property by putting him (or his duly qualified agent or attorney for
his benefit) in possession thereof, and for that purpose to remove from the property,

by force if necessary, the mobile home and all additions or attachments of every
description whatsoever belonging to the resident, or to any person claiming or holding
by or under said resident. If the park owner does not order a warrant of restitution
within 60 days from the date of judgment or from the expiration date of any stay of
execution, whichever shall be the later, the judgment for possession shall be stricken.
(e) (1) Subject to paragraph (3) of this subsection, in any action of
summary ejectment for failure to pay rent where the park owner is awarded a
judgment giving the park owner restitution of the leased premises, the resident shall
have the right to redemption of the leased premises by tendering in cash, certified
check, or money order to the park owner or the park owner's agent all past due rent
and late fees, 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 resident under paragraph (1) of this subsection.
(3) This subsection does not apply to any resident 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.
(f) The resident or the park owner may appeal from the judgment of the
District Court to the circuit court for any county at any time within 2 days from the
rendition of the judgment. The resident, in order to stay any execution of the
judgment, shall give a bond to the park owner 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 park owner in all costs and damages
mentioned in the judgment, and such other damages as shall be incurred and
sustained by reason of the appeal. The bond shall not affect in any manner the right
of the park owner to proceed against the resident, assignee, or subtenant for any and
all rents that may become due and payable to the park owner after the rendition of
the judgment.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.