HB 858

HOUSE BILL 858
     E1, N1  6lr3165
     By: Delegate Conaway
     Introduced and read first time: February 4, 2026
     Assigned to: Judiciary
  A BILL ENTITLED
1 AN ACT concerning
2Real Property – Wrongful Detainer Actions – Time of Hearing
3 FOR the purpose of altering the period of time during which a hearing must be held after
4      the filing of a wrongful detainer action; and generally relating to wrongful detainer
5      actions.
6 BY repealing and reenacting, without amendments,
7Article – Real Property
8Section 14–132(a), (b), and (c)
9Annotated Code of Maryland
10(2023 Replacement Volume and 2025 Supplement)
11 BY repealing and reenacting, with amendments,
12Article – Real Property
13Section 14–132(d)
14Annotated Code of Maryland
15(2023 Replacement Volume and 2025 Supplement)
16SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
17 That the Laws of Maryland read as follows:
18Article – Real Property
19 14–132.
20(a)    In this section, “wrongful detainer” means to hold possession of real property
21 without the right of possession.
22(b)     This section does not apply if:
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *hb0858*
2HOUSE BILL 858
1(1)    The person in actual possession of the property has been granted
2 possession under a court order;
3(2)    A remedy is available under Title 8 of this article; or
4(3)    Any other exclusive means to recover possession is provided by statute
5 or rule.
6(c)    A person may not hold possession of property unless the person is entitled to
7 possession of the property under the law.
8(d)     (1)    If a person violates subsection (c) of this section, a person claiming
9 possession may make complaint in writing to the District Court of the county in which the
10 property is located.
11(2)     (i)   On receipt of a complaint under paragraph (1) of this subsection,
12 the court shall summons immediately the person in possession to appear before the court
13 on the day specified in the summons to show cause, if any, why restitution of the possession
14 of the property to the person filing the complaint should not be made.
15(ii)   A hearing scheduled under subparagraph (i) of this paragraph
16 shall be held not more than [10 business] 14 CALENDAR days after the complaint is filed
17 under paragraph (1) of this subsection.
18(3)    If, for any reason, the person in actual possession cannot be found after
19 two good faith efforts on different days, the person authorized to serve process by the
20 Maryland Rules shall:
21(i)    File an affidavit with the court describing the good faith efforts
22 to serve the person in actual possession;
23(ii)  Mail a copy of the complaint by certified mail, return receipt
24 requested, and first–class mail to the last known address of the person in actual possession
25 and, if different, to the address of the residential property subject to the complaint; and
26(iii)   Affix an attested copy of the summons conspicuously on the
27 property.
28(4)    If notice of the summons is sent to the person in possession in
29 accordance with paragraph (3) of this subsection, the notice shall constitute sufficient
30 service to support restitution of possession.
31(5)   Service shall be made under paragraphs (3) and (4) of this subsection
32 within 4 business days after the complaint is filed under paragraph (1) of this subsection.
33SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
34 October 1, 2026.