Actions To Recover Possession of Real Property

• Jurisdiction: Maryland

I. ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY

Most of the statutes concerning actions involving the possession of real property are found in the Md. Code Ann., Real Property, Title 8 (2015 & Supp. 2019) (hereinafter Real Prop. § ___). In addition, one will need to know about county, municipal, or city codes in the applicable jurisdiction in which the premises are located as well as federal statutes and the Code of Federal Regulations when representing a client in a landlord and tenant action. In cases where there are local provisions, those provisions may supersede those of the Maryland Code provisions. See e.g., Real Prop. § 8-211(o).

A. District Court Jurisdiction and Venue

The District Court has exclusive original jurisdiction over certain actions between an action involving landlord and tenant, distraint or wrongful detainer, regardless of the amount in controversy. Md. Code Ann., Courts and Judicial Proceedings § 4-401 (2013 & Supp. 2019) (hereinafter Cts. & Jud. Proc. § __).

Generally, the District Court has exclusive original jurisdiction over an in rem or quasi in rem action in which the plaintiff seeks to recover possession of the property from the current person(s) in possession, whether the possession is lawful or not. See Greenbelt Consumer Servs., Inc. v. Acme Markets, Inc., 272 Md. 222, 322 A.2d 521 (1974); Kim v. Council of Unit Owners for Collington Center III Condominium, 180 Md. App. 606, 952 A.2d 346 (2008) (statute giving District Court exclusive civil jurisdiction over an "action involving landlord and tenant" was intended to be limited to those possessory in rem or quasi in rem actions that provided a means by which a landlord might rapidly and inexpensively obtain repossession of its premises). These actions include

• Real Prop. § 8-401—failure to pay rent;

• Real Prop. § 8-211—rent escrow & injunction based on rent escrow;

• Real Prop. § 8-402.1—breach of lease;

• Real Prop. § 8-402—tenant holding over;

• Real Prop. § 14-109—grantor in possession; and

• Real Prop. § 14-132—wrongful detainer.

The exclusive jurisdiction of the District Court does not extend to a nonpossessory action that is in personam seeking to recover money or personal property even though the claim may arise out of a lease or landlord-tenant relationship. See e.g., Greenbelt Consumer Services, 272 Md. at 230, 322 A.2d at 526 (District Court does not have jurisdiction to render judgment on contract claims in excess of District Court statutory limit that are independent of possessory actions).

And, while the District Court's jurisdiction is original, where a tenant is entitled to, and properly requests, a jury trial, that jurisdiction may be divested and proceedings transferred to the appropriate circuit court. See Martin v. Howard County, 349 Md. 469, 475-76, 709 A.2d 125, 131-32 (1998) (action by or on behalf of a landlord to evict a tenant, on the ground that the tenant no longer is entitled to possession, and to restore possession to the landlord, "is historically an action at law to which the right to a jury trial has always attached in this State."); Sandler v. Executive Management Plus, 203 Md. App. 399, 405-06, 414-15, 38 A.3d 478, 481-82, 487 (Where tenant asserts a right to continue possession as a defense and makes claim for damages that he or she might suffer as a result of ejectment, tenant entitled to a jury trial but not where tenant makes rent escrow claim solely), cert. denied, 427 Md. 65, 46 A.3d 406 (2012).³ Venue for landlord-tenant matters is in the county where the subject premises is located. Cts. & Jud. Proc. § 6-202. The types of landlord-tenant actions are discussed below.

Practice Pointer

Pursuant to MD. RULE 3-711, no pretrial discovery is permitted in a grantee action, or an action for summary ejectment, wrongful detainer, or distress for rent, or an action involving tenants holding over. Note that Breach of Lease is not specifically named.

B. Landlord and Tenant Actions in District Court—Failure to Pay Rent

1. Filing Action and Contents of Complaint

The most common landlord and tenant action litigated in District Court is a landlord's action seeking to repossess the property based on the tenant's failure to pay rent (FTPR), i.e., summary ejectment, under Real Prop. § 8-401. The complaint MUST be filed on District Court form, DC-CV-082, entitled "Failure to Pay Rent—Landlord's Complaint for Repossession of Rented Property," which must be completed in its entirety and filed with the clerk of the District Court in the jurisdiction where the property is located. Real Property § 8-401(b)(1) requires that the complaint, signed by the landlord or its agent under oath, must

(i) -describe generally the property sought to be repossessed;

(ii) -set forth the name of each tenant or any assignee or subtenant;

(iii) -state the amount of rent and any late fees due and unpaid;

(iv) -request repossession of the premises and, if desired, a judgment for the amount of rent due, costs and any late fees (less the amount of utility bills, fees and security deposits paid by the tenant); and

(v) -state that the landlord (1) has a license as required by the jurisdiction and list the license number, and (2) has complied with lead paint registration provisions under Md. Code Ann., Environment §§ 6-811 and 6-812 and include the Md. Department of the Environment registration number (2013 & Supp. 2019) (hereinafter Envir. § ___) .

The complaint that does not include the foregoing may be considered deficient, which may result in the action being dismissed or the requested relief being denied.

In those jurisdictions requiring licensure, a landlord who is not licensed is not entitled to bring an action for repossession based on failure to pay rent aka a summary ejectment action. McDaniel v. Baranowski, 419 Md. 560, 586-87, 19 A.3d 927, 943 (2011); see also Golt v. Phillips, 308 Md. 1, 517 A.2d 328(1986); Citaramanis v. Hallowell, 328 Md. 142, 613 A.2d 964 (1992). The rental of a premises without proper licensing may violate the Maryland Consumer Protection Act and leads to an inquiry as to whether there are any actual damages to the tenant. The landlord must affirmatively plead and demonstrate that it is licensed and that it has the appropriate lead paint certification, where required, at the time of filing the complaint to initiate the process. Id.; see also Real Prop. § 8-401(b)(1)(vi). The fact that a premises is unlicensed does not negate the duty of a tenant to pay rent per se.

The landlord must identify the amount of rent and any late fees due and unpaid at the time of filing. Real Prop. § 8-401(b)(1)(iii). "Rent" has been defined specifically as "the periodic charge for use or occupancy of the premises, but not all of the various other payments that the tenant may owe to the landlord from time to time, even if the lease characterizes them as 'deemed rent' or 'additional rent.'" Lockett v. Blue Ocean Bristol, LLC, 446 Md. 397, 425, 132 A.3d 257, 273 (2016); see also Shum v. Gaudreau, 317 Md. 49, 64-65, 562 A.2d 707, 715 (1989) (the costs associated with improving the property for the tenant's use were collectable in the ejectment case, but those costs associated with returning the property to its original condition were not because they were not "designed to enhance [the][t]enant's use and enjoyment of the premises, but rather to put the property in proper shape for reletting"); Law Offices of Taiwo Agbaje, PC v. JLH Properties, II, LLC, 169 Md. App. 355, 369-70, 901 A.2d 249, 257 (2006) (attorneys' fees are not rent in an action involving a residential lease and, thus, not recoverable). Utility charges are the most common form of other charges seen in residential lease cases. Normally, these charges will be considered rent only if the lease so specifies.

The failure to state the specific amounts due and to provide the tenant notice of the specific facts that are the basis of the complaint as required by Real Prop. § 8-401(b)(1)(iii) may result in the denial of the landlord's claim. The landlord is required to maintain a record system showing the dates and amounts of rent paid and that a receipt was given for rent paid in cash. Real Prop. § 8-208.3. The failure to enumerate all rent due when filing a suit for non-payment of rent may bar a later attempt on the grounds of res judicata. Shum, 317 Md. at 68-69, 562 A.2d at 717. Although a landlord can amend the amount due as stated in a complaint to a lower amount at trial, it cannot increase the amount claimed without the consent of the tenant(s).

2. Issuance and Service of Summons

Upon filing, the District Court must issue a summons, directing the constable or sheriff of the jurisdiction to notify the tenant by first class mail (i) to appear for trial to be held on the fifth day after the filing of the complaint; and (ii) to answer the landlord's complaint and show cause why the landlord's demand should not be granted. Real Prop. § 8-401(b)(3). The sheriff or constable must proceed to serve the summons on the tenant found on the property and, where personal service is not requested, by affixing an attested copy of the summons conspicuously upon the property. Real Prop. § 8-401(b)(4). A copy of the summons must be sent to the address required by the lease, if any, and/or any other address where the landlord knows the tenant is actually receiving mail. See generally Frank Emmet Real Estate, Inc. v. Monroe, 562 A.2d 134 (D.C. 1989)

Because one of the...