This bill specifies procedures to protect tenants, landlords, and communities in the event of a tenant’s failure to pay rent and the landlord seeking to evict the tenant. It would ensure that tenants have notice of their impending eviction date and a limited period of time to reclaim their personal possessions in case an eviction is executed. 

With a reliable notice of the eviction date, tenants can exercise their statutory right of redemption (“pay to stay”) or make plans to leave the property with their belongings intact. With a reclamation period after the eviction occurs, tenants will be able to mitigate the financial and personal loss that evictions cause. A reclamation period is a period post-eviction in which a renter can still gain access to their possessions such as life-saving medicine, electronics, and personal treasures such as photos, mementos, and heirlooms.

At the same time, the bill allows landlords to save on eviction-related expenses and avoids potential liability. The bill also would help communities by specifying that landlords will dispose of tenants’ personal property in a safe, secure, sanitary fashion that avoids cluttering sidewalks and creating blight. 

Tenant protections

HB 1114 would provide tenants with notice 14 days in advance of their impending eviction date and the opportunity to reclaim whatever personal possessions are on the property for ten days after the eviction occurs.

Many other states and jurisdictions, including Washington D.C., New Jersey, West Virginia, Pennsylvania, Delaware, and Virginia, require that the tenant be given notice of their eviction date and the opportunity to reclaim their personal possessions after their eviction. Moreover, nineteen states and Washington D.C. require the tenant be given notice of their eviction date, the opportunity to reclaim their personal possessions, and require the landlord to perform some duty to store the tenant’s possessions during the time of holding. An additional nine states require the tenant be given notice of their eviction date and the opportunity to reclaim their possessions.

HB 1114 would require that the notice to the tenant state the following, among other things: 

• The date on which the warrant of restitution was ordered by the District Court;
• The scheduled date of the eviction;
• A statement that the repossession may occur unless the tenant (1) returns possession of the leased premises to the landlord or (2) for a warrant of restitution issued based on a failure to pay rent action, exercises the right to redemption (if available);
• A statement that if the eviction occurs, all personal property remaining in or about the leased premises will be considered abandoned and may be disposed of 10 days after the eviction date;
• A statement informing the tenant as to how the tenant may obtain any personal property left in or about the leased premises after the eviction occurs;
• A statement that the notice is the final notice to the tenant of the intended repossession, even if the repossession is stayed for any reason; and
• Specified contact information for the landlord.

Also, under HB 1114’s provisions, if a landlord disposes of the tenant’s abandoned property by sale, the tenant is entitled to any proceeds of the sale that exceed any back rent, move-out costs, or damage fees owed.

Landlord protections

HB 1114 provides that the landlord will not be liable to the tenant for any losses relating to personal property unless the loss is the result of a deliberate or grossly negligent act on the part of the landlord. Also, unless the tenant and the landlord agree otherwise, personal property remaining is deemed abandoned after the 10-day period. The landlord or any person acting on the landlord’s behalf may not be held liable for any loss of or damage to property deemed abandoned.

In addition, landlords would save on expenses if HB 1114 became law. Many jurisdictions currently require landlords to have a specific number of workers, equipment, and resources at the ready to conduct an eviction. Not only is this costly to the landlord, but in the event an eviction is redeemed, cancelled, or postponed, the landlord loses money and resources. Instituting a reclamation period after an executed eviction, as proposed by HB 114, will avoid landlords having to hire workers to be present at each eviction. The landlord would have more flexibility after the end of the 10-day period to dispose of any remaining belongings without placing those belongings in the public way. 

Further, HB 1114 says that a  landlord is not prohibited from disposing of abandoned property consisting of perishable food, hazardous materials, or trash or transferring an animal to an animal control officer, a humane society, or any other person willing to provide care for the animal.

Community protections 

HB 1114 would change the current law to no longer allow for an evicted tenant’s belongings to be left on public streets. Currently, in most of Maryland, a tenant’s personal belongings are left on the street after an eviction, blocking sidewalks and creating public blight. 

Specifically, HB 1114 says that property deemed abandoned under the bill’s provisions may not be placed in a public right-of-way or on any public property. Generally, under HB 1114, a landlord may dispose of abandoned property by:

• transportation to a licensed landfill or solid waste facility;
• donation to charity;
• sale; or
• any other legal means.

In the House, HB 1114 was sponsored by Delegates Terrasa, Atterbeary, Ebersole, Fair, Feldmark, Hill, Lehman, Ruth, and Williams.  It was scheduled for a hearing on February 27 at 1 pm. It is cross-filed with SB cross-filed with SB 992, sponsored by Senator Benson.  A hearing is scheduled for 3/7 at 1 pm.