Baltimore City Eviction Notice Regulations

Summary:

How should Eviction Notices be Sent in Baltimore City?:

1) mailed by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and

(2) posted on the premises at least 7 days before the first scheduled date of execution.

When is it not required to send an Eviction Notice in Baltimore City?:

The requirement to provide notice under subsection (b) of this section does not apply to any judgment entered:

(1) in favor of a foreclosure purchaser; or

(2) in favor of a landlord for possession of a leased dwelling under one of the following sections of the State Real Property Article: § 14-120 {“Abatement of nuisance; dangerous substances”}, § 14-123 {“Baltimore City nuisance actions”}, § 8-402 {“Tenant holding over”}, § 8-402.1 {“Breach of lease [after written notice and show cause hearing]”}; or § 8-402.4 {“Wrongful detainer”}.

What to do with things left behind by evicted tenants in Baltimore City?

All property in or about the leased premises at the time that the warrant of restitution is executed is abandoned.

Neither the landlord nor someone acting on the landlord’s behalf is liable

for any loss or damage to abandoned property.

Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property.

Disclaimer: The following prompt an abbreviated version of Baltimore City code article 13, subtitle 8, to make it easier to understand.

Click HERE for the official Baltimore City Code.

§ 8A-1. Definitions.

(a) In general.

In this subtitle, the following terms have the meanings indicated.

(b) Eviction chattels.

“Eviction chattels” means any property removed from a leased dwelling under a warrant of restitution.

“Leased dwelling” means any dwelling unit, rooming unit, efficiency unit, or other living quarters, whether in a single-family dwelling, a multiple-family dwelling, an apartment complex, or otherwise, that was occupied under a lease between a tenant and a landlord.

(d) Foreclosure purchaser.

“Foreclosure purchaser” means:

(1) any person who purchases real property in:

(i) a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”};

(ii) a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or

(iii) a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and (2) any substituted purchaser, as defined in Maryland Rule 14-207(f)(3).

(Ord. 07-496; Ord. 08-041.)

§ 8A-2. Notice of pending dispossession.

(a) Scope.

The requirement to provide notice under subsection (b) of this section does not apply to any judgment entered:

(1) in favor of a foreclosure purchaser; or

(2) in favor of a landlord for possession of a leased dwelling under one of the following sections of the State Real Property Article:

(i) § 14-120 {“Abatement of nuisance; dangerous substances”};

(ii) § 14-123 {“Baltimore City nuisance actions”};

(iii) § 8-402 {“Tenant holding over”};

(iv) § 8-402.1 {“Breach of lease [after written notice and show cause hearing]”}; or

(v) § 8-402.4 {“Wrongful detainer”}.

(b) Notice required.

Whenever a judgment is entered in favor of the landlord for possession of a leased dwelling, the landlord shall notify the tenant of the date on which the warrant of restitution is first scheduled to be executed by the Sheriff.

The notice shall be:

(1) mailed by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and

(2) posted on the premises at least 7 days before the first scheduled date of execution.

(d) Contents.

The notice shall:

(1) state the District Court Summary Ejectment Case Number, the tenant’s name, and the address of the leased dwelling;

(2) specify the date on which the eviction is first scheduled to be executed;

(3) state that the eviction will be executed on that date unless:

(i) the tenant moves out and returns control of the property to the landlord; or

(ii) the tenant exercises the right to redemption under State Real Property Article § 8-401(e), unless the right to redeem has been foreclosed or otherwise is inapplicable;

(4) prominently warn the tenant that any property left in the leased dwelling will be considered abandoned and may be disposed of on execution of the warrant of restitution; and

(5) state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court.

(e) Charge for notice.

A landlord may charge the tenant for expenses incurred in providing this notice, up to a maximum of $5.

(Ord. 07-496; Ord. 08-041; Ord. 11-458.)

§ 8A-3. Vacating execution of warrant.

(a) By Sheriff.

If the Sheriff reasonably believes that the landlord did not provide the tenant with the notice required by § 8A-2 of this subtitle, the Sheriff shall notify the District Court and may not execute the warrant of restitution until further order of the Court.

(b) By District Court.

If the District Court finds that the landlord did not provide the tenant with the notice required by § 8A-2 of this subtitle, the District Court shall vacate the warrant of restitution.

If the landlord provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by § 8A-2 of this subtitle, there is a rebuttable presumption that the tenant was notified.

(Ord. 07-496; Ord. 11-458.)

§ 8A-4. Unclaimed property is abandoned.

(a) In general.

All property in or about the leased premises at the time that the warrant of restitution is executed is abandoned.

(b) No liability.

Neither the landlord nor someone acting on the landlord’s behalf is liable for any loss or damage to abandoned property.

(Ord. 07-496.)

§ 8A-5. Disposition of abandoned property.

(a) Required methods.

The landlord shall dispose of abandoned eviction chattels by:

(1) transporting them to a licensed landfill or solid waste facility;

(2) donating them to charity; or

(3) some other legal means.

(b) Discount at City landfill or solid waste facility.

(1) A landlord who disposes of eviction chattels at a City-owned or operated landfill or solid waste facility may be charged no more than the same fees charged to the Housing Authority of Baltimore City (HABC).

(2) To be eligible for HABC rates, the landlord or landlord’s agent must present at the facility at the time of disposal:

i) a copy of the warrant of restitution issued for the leased dwelling; and

(ii) proof that the leased dwelling is registered or licensed under City Code Article 13, Subtitle 4 {“[Registration of] Non-Owner-Occupied Dwellings”} or Subtitle 5 {“Licensing of Multiple-Family Dwellings and rooming houses”}.

(3) The Department of Public Works may adopt rules and regulations to carry out this subsection.

(4) A person may not make any false or misleading representation in connection with the fee rate authorized by this subsection.

(Ord. 07-496.)

§ 8A-6. Prohibited placement in public way.

Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property.

(Ord. 07-496.)

§§ 8A-7 to 8A-8. {Reserved}

§ 8A-9. Penalties.

(a) In general.

Any person who violates any provision of § 8A-5 or § 8A-6 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.

(b) Each day a separate offense.

Each day that a violation continues is a separate offense.