How Do I Get Rid of Abandoned Property in Maryland?
Full Question:
Answer:
A former tenant should be contacted by written notice before transferring, selling, or destroying the property by a new owner. You may also check the local police department for ordinances governing abandoned property, as laws vary by area. If a court action for unpaid rent is brought, the goods may be levied upon and sold to cover the rent owed. When a person who is not a landlord agrees to hold property for another, a bailment is created. When the person holding the property, called the bailee, is not being compensated, it is called a gratuitous bailment and the bailee must use reasonable care to protect the property.
There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible. There is a lower standard of care imposed upon the bailee in a gratuitous bailment, and the parties may contract to hold the bailee free from liability in any bailment. As the law of bailments establishes a lower standard of care for the bailee in a gratuitous bailment agreement, such an agreement or receipt should indicate explicitly that the bailee is acting without compensation. When a bailment is for the exclusive benefit of the bailee, the bailee owes a duty of extraordinary care. If the bailment is for the mutual benefit of the bailee and bailor, the bailee owes a duty of ordinary care. A gratuitous bailee must use only slight care and is liable only for gross negligence. To create a bailment, the alleged bailee must have actual physical control with the intent to possess. Physical control and intent to possess will be interpreted according to the expectations of the parties. If a court thinks that liability would be unexpected or unfair, it can usually find that the defendant did not have “physical control” or “intent to possess.” For example, courts are more likely to find a bailment of a car exists in a garage with an attendant than in a park and lock garage.
Please see the following MD statutes:
§ 8-401 REAL PROP. Repossession of premises upon tenant's failure to
pay rent.
Removal of tenant for noncompliance with judgment in
favor of landlord; stay of execution of warrant of
restitution. — (1)(i) Subject to the provisions of
paragraph (2) of this subsection, if judgment is given in
favor of the landlord, and the tenant fails to comply with
the requirements of the order within 4 days, the court shall,
at any time after the expiration of the 4 days, issue its
warrant, directed to any official of the county entitled to
serve process, ordering the official to cause the landlord to
have again and repossess the property by putting the landlord
(or the landlord's duly qualified agent or attorney for the
landlord's benefit) in possession thereof, and for that
purpose to remove from the property, by force if necessary,
all the furniture, implements, tools, goods, effects or other
chattels of every description whatsoever belonging to the
tenant, or to any person claiming or holding by or under said
tenant.
§ 8-307 REAL PROP. Goods exempt from levy; landlord's obligations for
goods subject to security interest.
(a) Exemptions from levy. — 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 the
tenant has an interest.
(b) Goods subject to security interest. — The landlord in the
landlord's petition shall certify as to the existence of a perfected
security interest in any goods of the tenant. If the security interest
was perfected prior to the levy under the distraint, the landlord either
shall release the property from the distraint proceedings or pay to the
holder of the security interest the balance due under the security
interest. If the landlord pays the balance, it becomes a part of the
costs in the distraint proceedings. However, the holder of the security
interest, on demand by the landlord, shall give a true written statement
of the balance due under the security interest, and, if the landlord pays
the balance, the holder shall assign or release the security interest to
the landlord.
8-303 REAL PROP. Petition for distress: required form and
contents; service on nonresident, or defendant not amenable to service.
(a) Form and contents. — 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 premises leased, (iii) the date of the lease, (iv) the term of
the lease, (v) the rent required to be paid by the lease, and (vi) the
amount of the rent in arrears.
(b) Oath or affirmation. — The petition shall be under oath or
affirmation of the plaintiff, or the plaintiff's agent, that the facts
recited are true and correct.
(c) Service on nonresident or defendant not amenable to service.
— If a defendant is not a resident of, or amenable to service in a
county where the leased premises are located, service may be made by
certified mail, return receipt requested, bearing a postmark from the
United States Postal Service. If this service is returned by the Post
Office Department or refused by the addressee or the addressee's agent,
then process shall be sent by first-class mail and the defendant returned
as summoned.
§ 8-305 REAL PROP. Order of levy and service; inventory and copies
required.
(a) Order of levy; service of order. — 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 copy of the
order shall be affixed in a prominent place on the interior of the leased
premises.
(b) Inventory. — The officer making the levy then shall proceed
to make an inventory of each article of goods distrained on and deliver a
copy to each tenant found on the leased premises. If no tenant is found,
the officer shall affix a copy to the premises as provided above in the
case of the order.
(c) Return. — The officer serving the order shall make a return
of the officer's action to the court including the date and time of
return.
(d) Amended levy and inventory. — If the plaintiff by verified
petition requests the court to include in the levy goods subject to
distress and claimed to be on the leased premises but not included in the
levy and inventory, the court, after service of a copy of the petition on
the defendant and any person claiming an interest in the goods, shall
conduct a hearing on the petition. The. court may amend the levy and
inventory to include those goods the court finds should be included.