Home Table of Contents

§ 8-314. Answers to petition, hearings, and orders for sale of property

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 8. Landlord and Tenant (Refs & Annos)
Subtitle 3. Distress for Rent (Refs & Annos)
MD Code, Real Property, § 8-314
§ 8-314. Answers to petition, hearings, and orders for sale of property
Answers to petition
(a) The defendant in an action of distress may file an answer, setting forth any defense the defendant may have to the action, including excessive rent distrained for or the rent sued is not distrainable.
Hearing
(b) Hearing on the defendant's answer shall be held on not more than ten days' notice sent by regular mail to all parties and claimants. However, the court may postpone the hearing on due notice to all parties. At the hearing the court may determine and decide all issues raised, and issue an order of sale of the goods and may make any order in connection with them as required.
Final order for sale
(c) In any final order for the sale of goods distrained, the court may increase the amount of the rent claim to an amount equal to the sum of the plaintiff's original claim plus rent accruing after the filing of the petition for distress up to the day prior to the date of sale on which rent may fall due.
Failure of defendant to file answer
(d) If the tenant named as defendant in an action for distress fails to file an answer within seven days after a levy has been made, the court, on motion of the plaintiff or on its motion, may issue an order for sale of the goods distrained.
Date of sale
(e) The date of sale is in the discretion of the court but shall be held as soon as feasible.

Credits

Added by Acts 1974, c. 12, § 2, eff. July 1, 1974. Amended by Acts 1999, c. 219, § 1, eff. Oct. 1, 1999.
Formerly Art. 21, § 8-313.
MD Code, Real Property, § 8-314, MD REAL PROP § 8-314
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document