Maryland Code, REAL PROPERTY 14-132
Terms Used In Maryland Code, REAL PROPERTY 14-132
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County: means a county of the State or Baltimore City. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Service of process: The service of writs or summonses to the appropriate party.
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) This section does not apply if:
(1) The person in actual possession of the property has been granted possession under a court order;
(2) A remedy is available under Title 8 of this article; or
(3) Any other exclusive means to recover possession is provided by statute or rule.
(c) A person may not hold possession of property unless the person is entitled to possession of the property under the law.
(d) (1) If a person violates subsection (c) of this section, a person claiming possession may make complaint in writing to the District Court of the county in which the property is located.
(2) On receipt of a complaint under paragraph (1) of this subsection, the court shall summons immediately the person in possession to appear before the court on the day specified in the summons to show cause, if any, why restitution of the possession of the property to the person filing the complaint should not be made.
(3) If, for any reason, the person in actual possession cannot be found, the person authorized to serve process by the Maryland Rules shall affix an attested copy of the summons conspicuously on the property.
(4) If notice of the summons is sent to the person in possession by first-class mail, the affixing of the summons in accordance with paragraph (3) of this subsection shall constitute sufficient service to support restitution of possession.
(e) A counterclaim or cross-claim may not be filed in an action brought under this section.
(f) (1) If the court determines that the complainant is legally entitled to possession, the court shall:
(i) Give judgment for restitution of the possession of the property to the complainant; and
(ii) Issue its warrant to the sheriff or constable commanding the sheriff or constable to deliver possession to the complainant.
(2) The court may also give judgment in favor of the complainant for damages due to the wrongful detainer and for court costs and attorney fees if:
(i) The complainant claimed damages in the complaint; and
(ii) The court finds that:
1. The person in actual possession was personally served with the summons; or
2. There was service of process or submission to the jurisdiction of the court as would support a judgment in contract or tort.
(3) A person in actual possession who is not personally served with a summons is not subject to the personal jurisdiction of the District Court if the person appears in response to the summons and prior to the time that evidence is taken by the court and asserts that the appearance is only for the purpose of defending an in rem action.
(g) Subject to § 8-118.1 of this article, a party to a wrongful detainer action brought in the District Court under this section may demand a trial by jury in accordance with Title 8, Subtitle 6 of this article.
(h) (1) Not later than 10 days from the entry of the judgment of the District Court, either party may appeal to the circuit court for the county in which the property is located.
(2) The person in actual possession of the property may retain possession until the determination of the appeal if the person:
(i) Files with the court an affidavit that the appeal is not taken for delay; and
(ii) 1. Files sufficient bond with one or more securities conditioned on diligent prosecution of the appeal; or
2. Pays to the complainant or into the appellate court:
A. The fair rental value of the property for the entire period of possession up to the date of judgment;
B. All court costs in the case;
C. All losses or damages other than the fair rental value of the property up to the day of judgment that the court determined to be due because of the detention of possession; and
D. The fair rental value of the property during the pendency of the appeal.
(3) On application of either party, the court shall set a hearing date for the appeal that is not less than 5 days or more than 15 days after the application for appeal.
(4) Notice of the order for a hearing shall be served on the parties or the parties’ counsels not less than 5 days before the hearing.
(i) If the judgment of the circuit court shall be in favor of the person claiming possession, a warrant shall be issued by the court to the sheriff, who shall proceed immediately to execute the warrant.