Payment of Rent During Eviction Trial Adjournment

(Maryland Code, Real Property, Sec. 8-403)

In an eviction case brought under State law against a tenant for non-payment of rent, for holding over, and breach of lease, if the judge orders an adjournment of the trial for a longer period than is provided in the Code section authorizing the suit, the tenant shall pay to the court where the case is being tried an amount determined to be appropriate by the court and in the manner determined to be appropriate by the court.

The court may order tenant to pay rent, as it comes due, to a county (or Baltimore City) administrative agency which is authorized by local law to hold tenant's rents in escrow pending investigation of complaints.

The court may also refer the case to a local administrative agency for investigation and report to the court.

If the adjournment is for five days or less, tenant must pay the amount of rent due into the court on or before the date to which the trial is adjourned.  If the adjournment is for more than five days, tenant must pay within five days after the adjournment is ordered.  If the court has ordered tenant to pay the rents due to an administrative agency, tenant must pay within five days after the order.

If tenant fails to pay the rent due or as it becomes due, the court will, upon landlord's request, give judgment in favor of landlord and issue a warrant for him to repossess the premises.

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).