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Last page edit 03/17/08
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Rent Escrow Account in Jury Trial Eviction Suit (Maryland Code, Real Property, Section 8-118) In an eviction proceeding for non-payment of rent, breach of lease, or holding over, if either tenant or landlord asks for a jury trial, tenant must pay into an escrow account all rent as it becomes due during the course of the action. Tenant will pay as directed by the District Court, either to the clerk of the Circuit Court or to a county (or Baltimore City) administrative agency empowered by local law to hold rents in escrow. If tenant fails to pay rent as it becomes due, the Circuit Court will hold a hearing if the landlord requests it and the escrow agent certifies the status of the escrow account. The hearing will be held within 30 days after the request. At the hearing, the landlord has the burden of showing that the escrow order is valid and that the tenant has failed to comply with it. The tenant may dispute the validity or the terms of the escrow order, and may raise any legal defense or justification, including the condition of the premises. If the court finds that the landlord has sustained the burden of proving the validity of the escrow order and that the tenant does not have a good reason for failing to comply with the escrow order, the court may consider that the tenant has waived his request for a jury trial. The court may immediately proceed to conduct a non-jury trial, or may schedule a non-jury trial for a future date. Upon final determination of the suit, the court will order appropriate distribution of the money in the escrow account. If no judgment is entered, the court will hold a hearing to determine who is entitled to the funds in the escrow account. Last date legally reviewed: 3/17/08 (PLL/M.A.J.) Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI. Updated by the Maryland State Law Library (MSLL). |
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