Topics on this page:

• General
• Who can sue?
• Who can be sued?
• Notice requirements
• Commercial Properties
• What can happen?
• Evidence
• Appeals

General

When a property (whether residential, commercial, or a mobile home) is being used for drug-related activity or prostitution, it is considered a “nuisance” under Maryland law. In these cases, there are certain remedies that may be available, including eviction.  

Under Maryland law, a "nuisance" means a property is used:

• by people who come for the specific purpose of illegally administering a "controlled dangerous substance";
• for the illegal manufacture or distribution of a controlled dangerous substance or "controlled paraphernalia";
• to illegally store or conceal a controlled dangerous substance in sufficient quantity to reasonably indicate an intent to manufacture, distribute, or dispense a controlled dangerous substance or controlled paraphernalia; or
• for prostitution. 

"Controlled dangerous substances" and "controlled paraphernalia" are defined in Md. Code, Criminal Law § 5-101.

Note: The definition of "nuisance" can vary by context. This definition applies specifically to actions under Section 14-120 of the Real Property Article.

Read the Law: Md. Code, Real Property § 14-120

Who Can Sue?

The following may bring an action for relief in the District Court:

• the State's Attorney of the county where the nuisance is located;
• the county attorney or solicitor of the county where the nuisance is located;
• a community association where the nuisance is located; or
• a municipal corporation where the nuisance is located. 

A “community association” refers to a nonprofit group of residents operating exclusively to promote community welfare, either tax-exempt under federal law OR comprised of residents from a defined geographic area working to improve their community.

Read the Law: Md. Code, Real Property § 14-120(a); (b)

Who can be sued?

A legal action against a property being used for a nuisance may be brought against: 

• a tenant of the property,
• an owner of the property, or
• an operator of the property.
  • An "operator" is anyone that exercises control over the property, including property managers or anyone authorized to evict tenants) 

Read the Law: Md. Code, Real Property § 14-120(a);(c)

Notice Requirements

In addition to the usual service of process required by the Maryland Rules, the plaintiff must post a notice in a visible place on the property within 48 hours of filing the complaint. The notice must indicate:

• the nature of the proceedings,
• the time and place of the hearing, and
• the name and telephone number of the person to contact for additional information. 

Read the Law: Md. Code, Real Property § 14-120(e)

The hearing must occur within 14 days after the parties are served.

Read the Law: Md. Code, Real Property § 14-120(l)

Commercial Properties

For commercial properties, the owner and tenants (if any) of the property must be notified at least 30 days before the action can be filed. The notice must be from someone, or a community association, entitled to bring the action regarding a nuisance.  

In Baltimore City, the action can be filed 15 days after parties receive notice.  

The notice must state the date and time of day the nuisance was first discovered as well as the location on the property where the nuisance is allegedly occurring. Copies of the notice must be either hand-delivered or sent by certified mail to the owner and the tenant.

Read the Law: Md. Code, Real Property § 14-120(d)

What can happen?

After a hearing, the court may issue an injunction and order other relief. This may include:

• Eviction of Tenants: Ordering a tenant with knowledge of the nuisance to vacate the premises within 72 hours.
• Landlord Correction Plan: Requiring a landlord to submit a plan to prevent future nuisances. Note: This applies only if the owner or operator was involved in the lawsuit and knew (or should have known) about the issue.
• Restoration of Possession: If a tenant fails to vacate within the ordered 72-hour period, the court can restore possession of the premises to the owner. The court will then direct the sheriff or constable to execute this order within five days.
• Vacating Owner-Occupied Units: Ordering the immediate vacation of an owner-occupied unit within 72 hours.
• Mandatory Vacancy Period: Prohibiting anyone from occupying the owner-occupied unit for up to one year, or until the property is sold in an arm's-length transaction, whichever occurs first.
• Judicial Sale: Ordering the sale of the property at the owner's expense, conducted in accordance with Maryland Rules governing judicial sales.
• Demolition: Ordering the demolition of the property if it is deemed unfit for habitation and the estimated cost of rehabilitation significantly exceeds the projected market value after repairs. 

Read the Law: Md. Code, Real Property § 14-120(g)

A community association that is the prevailing plaintiff in an action brought under this law may be awarded court costs and reasonable attorney's fees. This does not apply to actions against owners (other than owner-occupants) alleging prostitution. 

Read the Law: Md. Code, Real Property § 14-120(k)

Evidence

Plaintiffs may submit evidence of the property’s general reputation, personal observations, or results from search warrants, but this alone is not enough to prove a nuisance exists. The court can still order relief even if the nuisance stopped before the complaint was filed or during the hearing. 

Read the Law: Md. Code, Real Property § 14-120(j)

Appeals

A party has 10 days after the date of the court order or judgment to file an appeal. 

Read the law: Md. Code, Real Property § 14-120(n)