Categories :: Landlord/Tenant > Evictions

 

The law is found in Baltimore City Code, Article 13, Section 8A

Definition

“Eviction chattels” means any property removed from a leased dwelling under a warrant of restitution (Section 8A-1(b)).

Written Notice of First Scheduled Eviction Date Required

Whenever a judgment is entered in favor of the landlord for possession of a leased dwelling, the landlord must (Section 8A-2(b)):

  1. Notify the tenant of the date on which the warrant of restitution is first scheduled to be executed by the Sheriff; or
  2. If the Sheriff has agreed to provide notices of this sort, arrange for the Sheriff to notify the tenant of the date on which the warrant of restitution is first scheduled to be executed.

The notice must be (Section 8A-2(c)):

  1. Mailed both by certified mail and by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and
  2. Posted on the premises at least 7 days before the first scheduled date of execution.

The notice must also (Section 8A-2(d)):

  1. State the District Court Summary Ejectment Case Number, the tenant’s name, and the address of the leased dwelling;
  2. Specify the date on which the eviction is first scheduled to be executed;
  3. State that the eviction will be executed on that date unless:
    • The tenant moves out and returns control of the property to the landlord; or
    • The tenant exercises the right to redemption under Md. Code, Real Property, Section 8-401(e), unless this right is inapplicable.
  4. Prominently warn the tenant that any property left in the leased dwelling will be considered abandoned and may be disposed of on execution of the warrant of restitution; and
  5. State that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court.

A landlord may charge the tenant for expenses incurred in providing this notice, up to a maximum of $5 (Section 8A-2(e)).

Eviction Will Be Delayed if Proper Notice Not Given

The District Court must vacate the warrant of restitution if the Court finds that the landlord did not provide the notice required above (Section 8A-3(b)).

The Sheriff must stay the execution of the warrant of restitution and notify the District Court if the Sheriff reasonably determines that the landlord did not provide the notice required above. The Sheriff may not execute the warrant until further notice from the Court (Section 8A-3(a)).

If the landlord provides a copy of the notice, a certified mail receipt, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required above, there is a presumption that the notice was actually received by the tenant (Section 8A-3(c)).

Any Property Left on Leased Premises Considered Abandoned

All property in or about the leased premises at the time that the warrant of restitution is executed is considered abandoned (Section 8A-4(a)).

Neither the landlord nor someone acting on the landlord’s behalf is liable for any loss or damage to abandoned property (Section 8A-4(a)).

Disposal of Abandoned Property

The landlord must dispose of abandoned eviction chattels by (Section 8A-5(a)):

  1. Transporting them to a licensed landfill or solid waste facility;
  2. Donating them to charity; or
  3. Some other legal means.

Landlords who dispose of eviction chattels at a City-owned or operated landfill or solid waste facility will be charged a discounted rate that is no more than the same fees charged to the Housing Authority of Baltimore City (Section 8A-5(b)(1)). To be eligible for Housing Authority rates, the landlord or landlord’s agent must present at the time of disposal a copy of the warrant of restitution issued for the leased dwelling and proof that the leased dwelling is registered or licensed (Section 8A-5(b)(2)).

Landlord May Not Place Eviction Chattels on the Street or Sidewalk

Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property (Section 8A-6).

 

Penalties

Any person who violates any provision of this law is guilty of a misdemeanor and is subject to a fine of not more than $1,000 for each offense (Section 8A-9(a)). Each day that a violation continues is a separate offense (Section 8A-9(b)).

Source: 

Baltimore Neighborhoods, Inc.

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