(a) In this subtitle the following words have the meanings indicated unless otherwise apparent from context. (b) “Court” means the District Court. (c) “Defendant” means a tenant. (d) “Distress” means an action of distress filed pursuant to the provisions of this subtitle. (e) “Goods” means goods, chattels, grain, growing crops, produce, unborn young of animals, inventory, and equipment regardless of […]
(a) Distress for rent is an action at law and shall be brought as provided in this section. (b) Original jurisdiction in a case of distress for rent is vested exclusively in the District Court regardless of the amount of rent for which distress is brought, notwithstanding any limitation imposed by law on the civil monetary jurisdiction […]
(a) An action of distress shall be brought by the landlord as plaintiff, the landlord’s petition shall name the tenant as defendant and contain the following information: (1) The name and address of the landlord; (2) The name and address of the tenant; and (3) The facts relating to (i) any assignment of a lease, if known, (ii) the […]
(a) When an action of distress is filed, the clerk shall issue an order directing the defendant to appear and show cause at a stated time why levy under an action of distress should not be made. The hearing may be not earlier than seven days from date of service on the defendant. (b) In addition, the […]
(a) On a determination of reasonable probability, the court promptly shall issue an order directing that all goods on the leased premises not exempted by law shall be levied on. A copy of the order of levy shall be served on each tenant on the leased premises. If no tenant is found on the premises, a […]
(a) The levy under an action of distress shall be made solely on goods on the leased premises, regardless of whether the goods are the property of the tenant or of some other person, except as provided in this subtitle. (b) When the term of a lease is for more than 15 years, levy shall be made […]
(a) The following are exempt from distress: (1) Hand-powered and operated tools used by a tenant in the tenant’s occupation or livelihood; (2) Law books of an attorney; (3) Hand-operated instruments of a physician; (4) Medical books of a physician; (5) Files and professional records of an attorney or physician; and (6) The prior perfected security interest in all goods in which […]
Goods levied on under distress shall be held in custodia legis.
(a) In making levy under an action of distress, no forcible entry may be made into leased premises occupied and used as a dwelling without a court order. If the levying officer cannot gain entry, the plaintiff may file a verified petition with the court for an order directing forcible entry into the leased premises. (b) Forcible […]
On petition of any plaintiff in distress and a showing of a need for protection, the court may order the removal of any goods levied on from the leased premises to a place approved by the court pending the sale of the goods. Removal of goods may be conditioned on the giving of a bond […]
(a) Within seven days after the levy, any person who is not a tenant and whose goods are levied on under distress may file a petition with the court where the action of distress is pending for an order to exclude from levy the goods of the person not a tenant. The petition shall set forth […]
(a) Levy on goods under distress does not affect or disturb the title to the goods. The claim or lien of the landlord under this subtitle on the goods continues until the goods are sold as provided in this subtitle. (b) All risk of loss or destruction of goods of any nature is on the owner or […]
(a) The expense of removal of any goods from the leased premises to any other place for storage pending sale, including the expense of removal of goods which are affixed to the property, shall be included as a part of the costs of distress. (b) An officer does not incur liability for removal of goods which are […]
(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. (b) Hearing on the defendant’s answer shall be held on not more than ten days’ notice sent by regular mail to all […]
(a) If a tenant removes the tenant’s goods from the leased premises, and the officer can find no goods of the tenant on the premises, the officer shall report that fact to the court. If the court is satisfied the goods of the tenant have been removed, it may issue an order to follow goods under […]
(a) Any person whose goods are levied on or seized under distress may petition the court for the return of the goods, free of any claim for distress. However, the court may require the filing of a bond with the court in a form and in an amount the court determines. The bond shall run to […]
If goods are levied on under distress and remain on the leased premises and the officer is unable to gain access to the goods without force, the court may issue an order authorizing the officer to enter the premises by force.
(a) Notice of sale of goods under an action of distress shall be given in a newspaper published at least once weekly and having general circulation within the jurisdiction of the court. The notice shall be published at least one time and an additional number of times as the court designates. (b) If no newspaper meets the […]
Sales under distress shall be held only at public auction. The officer may remove the goods from the leased premises to some suitable place for auction or hold the sale on the leased premises. Cost of the removal of goods for sale shall be included as costs of the sale.
(a) Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale […]
