Article - Real Property
(a) (1) A
tenant under any periodic tenancy, or at the expiration of a lease,
and someone holding under the tenant, who shall unlawfully hold over
beyond the expiration of the lease or termination of the tenancy,
shall be liable to the landlord for the actual damages caused by the
(2) The damages
awarded to a landlord against the tenant or someone holding under
the tenant, may not be less than the apportioned rent for the period
of holdover at the rate under the lease.
(3) (i) Any
action to recover damages under this section may be brought by suit
separate from the eviction or removal proceeding or in the same action
and in any court having jurisdiction over the amount in issue.
(ii) The court
may also give judgment in favor of the landlord for the damages determined
to be due together with costs of the suit if the court finds that
the residential tenant was personally served with a summons, or, in
the case of a nonresidential tenancy, there was such service of process
or submission to the jurisdiction of the court as would support a
judgment in contract or tort.
(iii) A nonresidential
tenant who was not personally served with a summons shall not be subject
to personal jurisdiction of the court if that tenant asserts that
the appearance is for the purpose of defending an in rem action prior
to the time that evidence is taken by the court.
(4) Nothing contained
herein is intended to limit any other remedies which a landlord may
have against a holdover tenant under the lease or under applicable
(b) (1) (i) Where
any tenancy is for any definite term or at will, and the landlord
shall desire to repossess the property after the expiration of the
term for which it was leased and shall give notice in writing one
month before the expiration of the term or determination of the will
to the tenant or to the person actually in possession of the property
to remove from the property at the end of the term, and if the tenant
or person in actual possession shall refuse to comply, the landlord
may make complaint in writing to the District Court of the county
where the property is located.
(ii) 1. The
court shall issue a summons directed to any constable or sheriff of
the county entitled to serve process, ordering the constable or sheriff
to notify the tenant, assignee, or subtenant to appear on a day stated
in the summons before the court to show cause why restitution should
not be made to the landlord.
2. The constable
or sheriff shall serve the summons on the tenant, assignee, or subtenant
on the property, or on the known or authorized agent of the tenant,
assignee, or subtenant.
3. If, for any
reason those persons cannot be found, the constable or sheriff shall
affix an attested copy of the summons conspicuously on the property.
4. After notice
to the tenant, assignee, or subtenant by first-class mail, the affixing
of the summons on the property shall be conclusively presumed to be
a sufficient service to support restitution.
(iii) Upon the
failure of either of the parties to appear before the court on the
day stated in the summons, the court may continue the case to a day
not less than six nor more than ten days after the day first stated
and notify the parties of the continuance.
(2) (i) If
upon hearing the parties, or in case the tenant or person in possession
shall neglect to appear after the summons and continuance the court
shall find that the landlord had been in possession of the leased
property, that the said tenancy is fully ended and expired, that due
notice to quit as aforesaid had been given to the tenant or person
in possession and that the tenant or person in possession had refused
so to do, the court shall thereupon give judgment for the restitution
of the possession of said premises and shall forthwith issue its warrant
to the sheriff or a constable in the respective counties commanding
the tenant or person in possession forthwith to deliver to the landlord
possession thereof in as full and ample manner as the landlord was
possessed of the same at the time when the tenancy was made, and shall
give judgment for costs against the tenant or person in possession
so holding over.
(ii) Either party
shall have the right to appeal therefrom to the circuit court for
the county within ten days from the judgment.
(iii) If the tenant
appeals and files with the District Court an affidavit that the appeal
is not taken for delay, and also a good and sufficient bond with one
or more securities conditioned that the tenant will prosecute the
appeal with effect and well and truly pay all rent in arrears and
all costs in the case before the District Court and in the appellate
court and all loss or damage which the landlord may suffer by reason
of the tenant’s holding over, including the value of the premises
during the time the tenant shall so hold over, then the tenant or
person in possession of said premises may retain possession thereof
until the determination of said appeal.
(iv) The appellate
court shall, upon application of either party, set a day for the hearing
of the appeal, not less than five nor more than 15 days after the
application, and notice for the order for a hearing shall be served
on the opposite party or that party’s counsel at least 5 days
before the hearing.
(v) If the judgment
of the District Court shall be in favor of the landlord, a warrant
shall be issued by the appellate court to the sheriff, who shall proceed
forthwith to execute the warrant.
(3) (i) The
provisions of this subsection shall apply to all cases of tenancies
at the expiration of a stated term, tenancies from year to year, tenancies
of the month and by the week. In case of tenancies from year to year
(including tobacco farm tenancies), notice in writing shall be given
three months before the expiration of the current year of the tenancy,
except that in case of all other farm tenancies, the notice shall
be given six months before the expiration of the current year of the
tenancy; and in monthly or weekly tenancies, a notice in writing of
one month or one week, as the case may be, shall be so given.
(ii) This paragraph
(3), so far as it relates to notices, does not apply in Baltimore
(iii) In Montgomery
County, except in the case of single family dwellings, the notice
by the landlord shall be two months in the case of residential tenancies
with a term of at least month to month but less than from year to
(4) When the tenant
shall give notice by parol to the landlord or to the landlord’s
agent or representatives, at least one month before the expiration
of the lease or tenancy in all cases except in cases of tenancies
from year to year, and at least three months’ notice in all
cases of tenancy from year to year (except in all cases of farm tenancy,
the notice shall be six months), of the intention of the tenant to
remove at the end of that year and to surrender possession of the
property at that time, and the landlord, the landlord’s agent,
or representative shall prove the notice from the tenant by competent
testimony, it shall not be necessary for the landlord, the landlord’s
agent or representative to provide a written notice to the tenant,
but the proof of such notice from the tenant as aforesaid shall entitle
the landlord to recover possession of the property hereunder. This
paragraph shall not apply in Baltimore City.
of any payment after notice but before eviction shall not operate
as a waiver of any notice to quit, notice of intent to vacate or any
judgment for possession unless the parties specifically otherwise
agree in writing. Any payment accepted shall be first applied to the
rent or the equivalent of rent apportioned to the date that the landlord
actually recovers possession of the premises, then to court costs,
including court awarded damages and legal fees and then to any loss
of rent caused by the holdover. Any payment which is accepted in excess
of the foregoing shall not bear interest but will be returned to the
tenant in the same manner as security deposits as defined under §
8-203 of this title but shall not be subject to the penalties of that
(c) Unless stated
otherwise in the written lease and initialed by the tenant, when a
landlord consents to a holdover tenant remaining on the premises,
the holdover tenant becomes a periodic week-to-week tenant if the
tenant was a week-to-week tenant before the tenant’s holding
over, and a periodic month-to-month tenant in all other cases.