§ 8-807. Actions for possession for nonpayment of ground rent
West's Annotated Code of MarylandReal PropertyEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Real Property, § 8-807
§ 8-807. Actions for possession for nonpayment of ground rent
(a) For property subject to a ground lease in effect on or after July 1, 2007, a ground lease holder may bring an action for possession for nonpayment of ground rent only:
(b) A holder of a secured interest in the property that is subject to the ground lease, or any portion of the ground lease, that is recorded in the land records of the county in which the property is located may cure the default by paying the outstanding amount due, including, if authorized under the ground lease, reasonable late fees, interest, collection costs, and expenses subject to the same provisions that are applicable to a leasehold tenant who cures a default after receiving notice under subsection (c) or (d) of this section or receiving personal service of process in an action filed under subsection (f) of this section.
(c)(1)(i) No less than 60 days before filing an action for possession, the ground lease holder shall send a notice, in the form required under paragraph (2) of this subsection, to the leasehold tenant's last known address and to the premises address as shown in the records of the Department by first-class mail and certified mail, return receipt requested.
(ii) If a leasehold tenant's last known mailing address and the premises address listed in the records of the Department are different, the ground lease holder shall mail one copy of the notice by first-class mail and one copy of the notice by certified mail, return receipt requested, to each address, respectively.
(3) If authorized under the ground lease, a ground lease holder may be reimbursed for reasonable late fees, interest, collection costs, and expenses not exceeding $100, provided the outstanding amount due is paid after the notice sent under paragraph (1) of this subsection and before a notice is sent under subsection (d) of this section.
(d)(1)(i) After notice has been sent under subsection (c) of this section and no fewer than 30 days before filing an action for possession, the ground lease holder shall send a notice, in the form required under paragraph (2) of this subsection, to the leasehold tenant's last known address and to the premises address as shown in the records of the Department by first-class mail and certified mail, return receipt requested.
(ii) If a leasehold tenant's last known mailing address and the premises address listed in the records of the Department are different, the ground lease holder shall mail one copy of the notice by first-class mail and one copy of the notice by certified mail, return receipt requested, to each address, respectively.
(e)(1) The ground lease holder shall send a copy of the notice required under subsection (d) of this section to any holder of record of a secured interest in the property that is subject to the ground lease, or any portion of the ground lease, that is recorded in the land records of the county in which the property is located, to the address shown in the land records or another address if known, by:
(3) If notice is not sent to a holder of record of a secured interest in the property that is subject to the ground lease, or any portion of the ground lease, that is recorded in the land records of the county in which the property is located, a judgment in favor of the ground lease holder does not impair the right of the holder of the secured interest to enforce the secured interest against the property.
(f)(1) If the default is not cured, the ground lease holder may file in circuit court an action for possession no less than 30 days after notice is sent under subsection (d) of this section.
(g)(1) Personal service of process in an action filed under subsection (f) of this section shall be made in accordance with the Maryland Rules.
(h)(1) A holder of record of a secured interest in the property that is subject to the ground lease, or any portion of the ground lease, that is recorded in the land records of the county in which the property is located, shall be made a party, as provided under the Maryland Rules, to an action filed under subsection (f) of this section.
(i) Within 6 months after execution of a writ of possession in favor of the ground lease holder, the leasehold tenant or any other person claiming under the ground lease may:
(j)(1) Except as provided in this section, a ground lease holder or plaintiff is not entitled to reimbursement for any costs or expenses related to the collection of ground rent.
(k) If a ground lease holder receives and executes a writ of possession, and if authorized under the ground lease, the ground lease holder may be reimbursed for reasonable late fees, interest, collection costs, and expenses as specified in subsection (c)(3), (d)(3), or (f)(3) of this section.
Credits
Added by Acts 2015, c. 428, § 2, eff. July 1, 2015. Amended by Acts 2023, c. 184, § 2, eff. Oct. 1, 2023; Acts 2023, c. 185, § 2, eff. Oct. 1, 2023.
MD Code, Real Property, § 8-807, MD REAL PROP § 8-807
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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