Seizure of Tenant's Possessions for Failure to Pay Rent

(Maryland Code, Real Property, Sections 8-301 - 8-332)

Distress for rent is a court procedure in which the landlord seeks to seize (distrain) and sell certain of the tenant's possessions which are on the leased premises, and to use the proceeds of the sale to satisfy the landlord's claim for rent due and unpaid by tenant.  Distress is available only where there is a written lease for more than three months, or a tenancy at will or periodic tenancy that has continued for more than three months.

The basic procedure is as follows

Landlord files a petition in court claiming that the tenant owes a certain amount of rent.

Tenant is served with notice of the petition and is directed to appear at a hearing to be held no sooner than 7 days after he was served.  If tenant cannot be served in person, service may be made by certified mail, return receipt requested.  If this service is returned or refused by tenant, then service is made by first class mail.

At the hearing, tenant will be asked to "show cause" (offer evidence) why the "levy" (seizure) and sale of his possessions on the premises should not take place. 

If the landlord prevails at the hearing, the court must promptly issue an order that all non-exempt goods on the premises be seized.  A copy of the order of levy must be served on each tenant.  If no tenant can be found, the order will be posted in a prominent place within the premises.

An officer of the court then makes an inventory of all non-exempt items on the premises.  A copy is given to tenant and to the court.

Tenant may file a claim of replevin in district court to recover possessions from landlord, possession of any goods or chattels tenant believes landlord has wrongfully taken or retained.  A hearing will be held by the court.  If the court finds that tenant is entitled to replevin, the court will order the Sheriff or Constable to replevy the property and deliver it to tenant.

The major exemptions from seizure are hand-powered and operated tools used by the tenant in his occupation , the law books of an attorney, hand-operated instruments of a physician, medical books of a physician, files and professional records of a lawyer or physician, and a third person's recorded security interest in goods which are in tenant's possession.

The levy may be made at any time of the day or night.  However, without a court order no forcible entry may be made into leased premises occupied as a dwelling.

If any of the goods seized belong to a third party who is not a tenant, he may petition the court within 7 days of the levy to ask that his possessions be excluded.  (This section has been held unconstitutional.)

The sale is held as soon as feasible.

A tenant whose goods have been seized but not yet sold may petition the court for the return of the goods, but the court may require him to file a bond before the goods are returned.

The sale must be advertised at least one time, and more if ordered by the court, in a newspaper published at least weekly and having general circulation in the area.  If no newspaper meets this requirement, the notice may be posted on the door of the courthouse.

Distress sales are held only at public auction.  Only enough of the tenant's goods to satisfy the claim for rent and to pay all costs may be sold.  All unsold goods, as well as surplus money, are returned to the tenant or paid as provided by order of the court.

Last date legally reviewed: April, 2001 - BNI

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.

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