Cal. Civ. Code § 8-307
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(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 the tenant has an interest. (b) 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.
Maryland Real Property § 8-307 limits the ancient landlord remedy known as 'distress' — a process by which a landlord could seize a tenant's property to satisfy unpaid rent — by carving out certain items that can never be taken. Specifically, the law shields working tools used by tenants in their trade or profession, professional books and instruments of attorneys and physicians, and professional files and records. It also protects any property in which a third party already holds a prior perfected security interest, and it establishes a process for how that security interest must be handled if the landlord proceeds with a distraint action.
Plain English — not legal advice.
Under Md. Real Prop. § 8-307, landlords who pursue a distraint action are required to certify in their petition whether any of the tenant's goods are subject to a perfected security interest. Compliant operators identify exempt property — such as a tenant's trade tools, professional instruments, books, or files — and exclude it from any levy. When a prior perfected security interest exists, landlords either release those goods from the distraint or pay off the outstanding balance owed to the security interest holder, which then becomes part of the distraint costs; in exchange, the holder must provide a written statement of the balance and assign or release the interest to the landlord upon payment.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-307 of the Maryland Real Property Code gives tenants meaningful protections against having certain essential property seized through a distraint proceeding. Items such as hand-powered trade tools, a physician's instruments and medical books, an attorney's law books and professional files, and any goods already subject to a prior perfected security interest are legally off-limits to a landlord pursuing this remedy. Tenants who believe exempt property has been improperly included in a distraint action may raise this provision as a defense in the proceedings, and consulting a tenant-rights organization or legal aid office can help clarify what options are available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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