Understanding the New Tenant Possessions Recovery Act in Maryland

The legal landscape for Maryland Landlords and Property Managers is shifting significantly with the enactment of the Tenant Possessions Recovery Act (House Bill 767, Chapter 563), which took effect October 1, 2025. This sweeping new law fundamentally changes the rules for executing a warrant of restitution following a judgment for failure to pay rent, breach of lease, or tenant holding over.

For Real Estate Lawyers like Badaki Law Firm, LLC, serving Washington County, Frederick County, and the greater Hagerstown area, the message is clear: the era of simply leaving a tenant’s property on the street is over. Non-compliance with these strict new procedures can lead to vacated warrants, damages, and attorney's fees against the landlord.

The Critical New Requirements for Executing a Warrant of Restitution

The core of the Tenant Possessions Recovery Act is a new section, Real Property § 8-407. Landlords must now navigate a detailed process for evictions on residential property, which involves new notice and documentation requirements.

Strict Pre-Repossession Notice is Mandatory

Once a court has issued a warrant of restitution, a landlord must provide the tenant with written notice of the scheduled repossession date at least six (6) days beforehand. This is not a "best practice," but a strict legal requirement.

The notice must be delivered through three specific channels:

• First-Class Mail with a certificate of mailing.

• Posting the notice on the front door, along with a date-stamped photograph of the posted notice.

• Electronic Notice (Email or Text Message) if the landlord has the tenant’s contact information on file.

  
  

This notice must include specific details, such as the District Court case number, the initial scheduled eviction date, and, if applicable, the amount required for the tenant to redeem the property. It must also contain a mandatory statement warning the tenant they could lose all their personal belongings and advising them to seek legal advice.

New Procedures for Tenant’s Personal Belongings

The new law explicitly addresses the disposition of a tenant’s personal property after an eviction, a major source of previous litigation. While the landlord may be put in possession of the premises without the immediate removal of property, the law establishes a 10-day period for the tenant to reclaim their possessions.

Crucially, during this 10-day period, the Landlord is prohibited from charging the tenant a storage fee for the property left in the premises or a reasonably secure storage location. After the 10-day period expires, the remaining property is deemed abandoned and may be disposed of through sale, donation to charity, or other legal means.

Why Landlords in Washington and Frederick Counties Need an Experienced Real Estate Lawyer

This new compliance hurdle means that self-managing landlords or property managers without experienced legal counsel face significant risk. The Sheriff may refuse to execute the warrant of restitution if there is a reasonable belief that the landlord has not provided the required notice, forcing the landlord to return to court.

At Badaki Law Firm, LLC, we provide compassionate, one-on-one Landlord Legal Guidance tailored to each client's unique situation. We work closely with our clients from start to finish of their case.

• Ensure Compliance: We meticulously handle all new statutory notice requirements, including the necessary mailings, postings, and affidavits, creating a clear paper trail for the Sheriff.

• Mitigate Risk: We help you navigate the repossession and property disposition phases of eviction, minimizing your liability for wrongful eviction claims, damages, and attorney's fees.

• Effective & Responsive Counsel: Our focus on Real Estate Law and Landlord-Tenant issues in Hagerstown and the surrounding areas means you get local, knowledgeable representation.

  
  

Protect Your Investment: Consult with a Local Landlord-Tenant Attorney Today

Don't let the new Maryland Landlord Tenant Law expose your investment to unnecessary risk. If you are a Property Owner, Property Manager or Investor in Hagerstown, Washington County, or Frederick County seeking effective and responsive legal assistance, contact Badaki Law Firm, LLC.

We are authoritative yet empathetic, and we encourage the use of technology for greater efficiency. We also offer flexible payment plan options, including partnering with Affirm to structure payments for retainers and invoices, making expert legal help accessible and budget-conscious.

Call us today for a legal consultation to ensure your leasing and eviction procedures are fully compliant with the new Tenant Possessions Recovery Act and all Maryland Eviction Law.

Understanding Your Rights and Responsibilities

Navigating the complexities of landlord-tenant relationships can be daunting. It's essential to understand both your rights and responsibilities under the new law. This knowledge can help you avoid costly mistakes and ensure a smoother eviction process.

The Importance of Documentation

Keeping thorough documentation is vital. Every step of the eviction process should be documented, from the initial notice to the final repossession. This not only helps in compliance but also protects you against potential legal challenges.

Conclusion: A Fresh Start

The Tenant Possessions Recovery Act aims to create a more balanced approach to landlord-tenant relationships. By understanding and adhering to these new requirements, you can protect your investment and ensure a fair process for all parties involved. Remember, having the right legal support can make all the difference in navigating these changes effectively.

For more information on how we can assist you, please reach out to us at Badaki Law Firm, LLC. We are here to help you every step of the way.