When a landlord files an eviction case, they are asking the court for an order to repossess the property for a “deficient tenancy.” Anne Arundel County defines “defective tenancy” as any condition related to maintenance, use or occupancy of a leased dwelling that violates the terms of a lease, law, or regulation. The court order is known as a Warrant of Restitution. The warrant gives the landlord the legal right to have law enforcement officials remove the tenant to repossess the property.
Topics on this page:
- Required Notice
- Landlord Required to Change Locks
- Disposal of Tenant’s Possessions
- Abandoned Animals
- Penalties
Required Notice
Once the court issues a Warrant of Restitution, the landlord must provide written notice to the tenant. The notice must be given at least 14 days before the eviction date set by the Anne Arundel County Sheriff’s Office. The notice must comply with the requirements of Md. Code, Real Property § 8-407. The notice must also tell the tenant what will happen to any belongings left in the residence at the time of eviction.
Read the Law: Anne Arundel County Code, § 1-13-103
Landlords Required to Change Locks
When eviction of the tenant occurs, the landlord, or property manager, must change the locks on the rental unit. The locks must be changed in the presence of an Anne Arundel County Sheriff’s Deputy. The cost for changing the locks must be paid for by the landlord.
Once the locks are changed, any personal belongings in the unit at the time of eviction will be locked inside and the tenant has no right to collect the belongings. Belongings left by the tenant are considered abandoned.
NOTE: The law lists no exceptions. Landlords are not required to allow tenants to retrieve any belongings, including medications, critical documents, or valuables.
Read the Law: Anne Arundel County Code, § 1-13-104(A).
Disposal of Tenant’s Possessions
The landlord or property manager may remove or dispose of any of tenant’s belongings locked in the residence at the time of eviction 24 hours after the eviction has taken place. The landlord is not required to notify the evicted tenant before removing or disposing of property.
The landlord may not keep any abandoned property for personal use. They must dispose of the property by:
- Taking it to a licensed landfill or solid waste facility,
- Donating it to charity,
- Selling it, or
- Some other legal means.
Landlords cannot leave abandoned personal belongings on public county property. If they do, the Department of Public Works can remove the items and bill the landlord for the cost.
Read the Law: Anne Arundel County Code, § 1-13-104(C), § 1-13-104(D), § 13-1-106.
Abandoned Animals
If a tenant leaves a pet in the residence at the time of eviction, the landlord must contact the County Department of Animal Services. By law, the Department of Animal Services is required to seize the abandoned pet from the residence.
Read the Law: Anne Arundel County Code, § 1-13-104(E).
Penalties
Any person who violates provisions of the law is guilty of a Class E civil offense, as defined in Anne Arundel County Code, § 9-2-101. Each day that a violation continues constitutes a separate civil offense.
Read the Law: Anne Arundel County Code, § 1-13-105.