Eviction of Resident
A resident in a mobile home park may be evicted for the following reasons:
1. Non-payment of rent;
2. Making a false or misleading statement on an application for tenancy;
3. Violating a federal, state or local law, where the violation is detrimental to the safety and welfare of other park residents; and/or
4. Repeated violation of a rule or provision of the rental agreement within a 6-month period.
A park owner must give the resident a written notice of the violation at least 30 days before the date when he must leave. The notice must be delivered to the resident in person, by certified mail or regular mail and it must state a specific reason for the eviction.
Read the Law: MD Code, Real Prop. § 8A-1101
Retaliatory Eviction
A park owner may not bring a legal action to evict or threaten to evict a resident, arbitrarily increase the rent or decrease the services to which the resident is entitled, or terminate a periodic tenancy for any of the following reasons:
1. Because a resident or his/her agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to the park owner or any public agency against the park owner.
2. Because a resident or his agent has filed a lawsuit or testified or participated in a lawsuit against the park owner.
3. Because the resident has participated in any tenants’ organization.
A resident may raise a retaliatory action of a park owner in defense to an action for possession or as an affirmative claim for damages resulting from a retaliatory action of a park owner occurring during a tenancy.
If in any proceeding the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter a judgment against the park owner for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney’s fees, and court costs.
An eviction may not be deemed retaliatory under this law if the alleged retaliatory action occurs more than 6 months after a resident’s action that is protected under this law.
As long as a landlord’s termination of a tenancy is not the result of a retaliatory action, these provisions do not affect either party's right to terminate or not renew a lease.
If any county enacts an ordinance comparable to these provisions in subject matter, this state law will supersede the local ordinance to the extent the ordinance provides less protection to a resident.
Read the Law: MD Code, Real Prop. § 8A-1301
Enforcement; Release of Liability
If either resident or park owner fails to comply with the provisions of mobile home park laws or with the rental agreement, the aggrieved party may recover the damages caused by the non-compliance. The court may award costs and reasonable attorney's fees to the prevailing party.
Read the Law: MD Code, Real Prop. § 8A-1501
A park rule that does not apply uniformly to all residents gives rise to a presumption of unfairness, which may be disputed by the owner. If the court finds that a park rule or provision of a rental agreement is unconscionable, it may refuse to enforce either just that provision or the entire rental agreement, or the court may enforce it in a way that avoids an unconscionable result.
Where a rental agreement provision attempts to relieve a park owner from liability to a resident or other person for injury or damage caused by negligence or fault of the park owner on or around the leased premises not within the exclusive control of the resident, that provision is against public policy and void.
Read the Law: MD Code, Real Prop. § 8A-1502
Non-Payment of Rent; Rent Escrow
In a court action by a park owner for eviction based on non-payment of rent or for recovery of unpaid rent, the resident may raise the defense of the owner's material non-compliance with the law governing mobile home parks. This requires that before the rent due date, the resident gave written notice to the owner that he/she did not intend to pay the rent and the notice specifically described the non-compliance.
Where the resident raises a defense other than payment of rent, he may ask the court to appoint a trustee to receive the rent and use it to correct the deficiency.
Read the Law: MD Code, Real Prop. § 8A-1601
Park Owner's Right to Repossess
Resident Does Not Pay Rent
Procedure: Whenever resident fails to pay the rent when due, a park owner may seek to evict the resident and repossess the mobile home site. The park owner must file a written complaint under oath in the District Court where the property is located, with a trial to be held on the fifth day after the complaint is filed and resident is notified by first class mail. The sheriff or constable must also serve the summons on the resident in person but if the resident cannot be found, service is valid if a copy of the summons is posted conspicuously on the mobile home and a copy sent by first class mail. The court may grant an adjournment of one day to enable either party to procure witnesses or for a longer period, if all parties consent.
Extension of Time: If the court enters judgment for the park owner, the resident will be ordered to give up possession within 30 days after the trial. However, the court may extend the surrender time for an additional 15 days if the resident provides a certificate signed by a physician stating that surrender of the premises within the 30-day period would endanger the health or life of the resident or other occupant of the premises.
Satisfaction of Judgment: If at the trial or the adjournment the resident offers to park owner the rent due plus costs of the suit, the complaint against the resident is considered satisfied.
Eviction: When the judgment is in favor of the owner and the resident fails to comply with the surrender order within 15 days, the owner may request a "warrant of restitution" from the court. In the warrant, the court orders any sheriff or other official entitled to serve court notices and orders to be present as representative of the court while owner removes the mobile home, by force if necessary. If park owner does not request the warrant of restitution within 60 days from the date of the repossession judgment, the repossession judgment will be stricken.
Right of Redemption: At any time before the actual eviction, a resident may redeem the premises by offering to the park owner in cash, certified check, or money order all past due rent and late fees plus court awarded costs and fees. However, this right of redemption is not available if 3 or more judgments of possession for rent due have been entered against the resident in the 12 months preceding the eviction action.
Appeal: Either party may appeal to the Circuit Court within 2 days after the District Court’s judgment. In order for a resident to remain on the premises during the appeal, he must give sufficient bond.
Read the Law: MD Code, Real Prop. § 8A-1701
Resident Holds Over
Damages: A resident who unlawfully holds over beyond termination of the rental agreement is liable for all actual damages caused by his holding over. The damages awarded to a park owner against the resident may not be less than the apportioned rent for the period of holdover at the rate under the rental agreement.
Read the Law: MD Code, Real Prop. § 8A-1702
Prohibition on Non-Judicial Eviction by Willful Diminution of Services: A park owner may not take possession or threaten to take possession of leased premises from a resident or resident holding over by locking the resident out or any other action, including willful diminution of services (i.e. intentionally interrupting or causing the interruption of heat, running water, hot water, electricity, or gas) to the resident.
Read the Law: MD Code, Real Prop. § 8A-1102
Notice from Owner Required: Where the premises are leased for a definite term or at will and the park owner seeks the help of the court to repossess the premises, the owner must have given the resident a written termination notice at least 1 month before the end of the term or the period at will. In case of year-to-year tenancies, written notice must be given at least 3 months before the end of the tenancy year.
Read the Law: MD Code, Real Prop. § 8A-1702
Warrant for Possession and Appeals: If judgment is for the park owner, the court will immediately issue a warrant to the sheriff to give the park owner possession of the premises. Either party has the right to appeal within 10 days after the original judgment, and resident may remain in possession of the mobile home site if a sufficient bond is filed.
Read the Law: MD Code, Real Prop. § 8A-1702
Oral Notice from Resident: If the resident gives oral notice to the park owner at least 1 month before the end of the lease term or period (and at least 3 months’ notice if the tenancy is year-to-year) of his intent not to renew the lease, and if park owner can prove that notice by competent testimony, then park owner need not give written notice to resident.
Read the Law: MD Code, Real Prop. § 8A-1702
Resident Breaches the Rental Agreement
Repossession: If the rental agreement contains a provision that park owner may repossess the premises if resident breaches the rental agreement, and if the park owner has given the resident 1 month’s written notice that resident is in violation and that owner wishes to repossess, and the resident refuses to comply, then park owner may seek the help of the court to evict a resident.
Read the Law: MD Code, Real Prop. § 8A-1703
Judgment and Appeals: If the court finds that the resident breached the agreement and that the breach warrants eviction, judgment will be for the park owner. Either party may appeal within 10 days from the date of the original judgment, and if the resident files sufficient bond, he may remain in possession until determination of the appeal.
Read the Law: MD Code, Real Prop. § 8A-1702