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Bill > HB271


MD HB271

MD HB271
Real Property - Expedited Wrongful Detainer Proceedings - Property for Sale or Lease


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Requiring certain expedited proceedings in a wrongful detainer action if the property that is the subject of the action is, at the time of the complaint, advertised or listed for sale or lease by the complainant and requiring that notice of a hearing or appeal be served in person or, under certain circumstances, posted conspicuously on the property; etc.

AI Summary

This bill establishes an expedited legal process for wrongful detainer proceedings specifically for properties that are currently advertised or listed for sale or lease. Under the bill, "wrongful detainer" is defined as holding possession of real property without the legal right to do so. The expedited process applies when a property owner files a complaint with the District Court and provides proof that the property is actively on the market. In such cases, the legal timeline is significantly accelerated: the court must summon the person in possession within 5 days of the complaint, issue a ruling within 2 days after the hearing, allow appeals to be filed within 2 days, set a circuit court hearing within 3 days, and issue a circuit court judgment within 2 days of the appeal hearing. If the complainant wins, the court must issue a warrant to the sheriff within 24 hours, who must then immediately execute the warrant to remove the occupant. The bill prohibits counterclaims and cross-claims in these proceedings and provides mechanisms for the current occupant to potentially retain possession during an appeal by filing an affidavit and paying required fees. The expedited process is designed to help property owners more quickly regain control of properties that are being marketed for sale or lease, with the law set to take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Hearing (15:00:00 3/5/2025 ) (on 03/05/2025)

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