Cal. Civ. Code § 8-309
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) In making levy under an action of distress, no forcible entry may be made into leased premises occupied and used as a dwelling without a court order. If the levying officer cannot gain entry, the plaintiff may file a verified petition with the court for an order directing forcible entry into the leased premises. (b) Forcible entry may be made for the purpose of levy into any property or building other than those specified in subsection (a) of this section. (c) Levy under an action of distress may be made at any hour of the day or night.
Under Maryland Real Property § 8-309, when a creditor pursues an action of distress (a legal remedy to seize property for unpaid rent), the levying officer cannot forcibly enter a dwelling that is occupied and used as a residence without first obtaining a court order. If entry cannot be gained voluntarily, the creditor must file a verified petition with the court to authorize forced entry. For non-residential or unoccupied properties, no such court order is required before a forcible entry for levy purposes, and levy itself may be carried out at any hour of the day or night.
Plain English — not legal advice.
Maryland Real Property § 8-309 governs the procedural steps a landlord or plaintiff must follow when pursuing distress actions. A compliant operator pursuing levy against a residential tenant's property does not direct or allow a levying officer to make forcible entry into an occupied dwelling without a court order in hand; if voluntary entry is unavailable, the proper step is filing a verified petition with the court. For non-dwelling properties, the same court-order requirement does not apply, though landlords generally work with legal counsel to ensure all distress proceedings comply with Maryland law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-309 provides an important procedural protection for tenants living in occupied dwellings: a levying officer cannot forcibly break into your home as part of a distress action unless a court has specifically authorized it. If a forcible entry occurs without a court order, this provision may be relevant as a defense or basis for a complaint, and tenants can explore their options by contacting a local tenant-rights organization or legal aid office familiar with Maryland landlord-tenant law. Consulting with a qualified Maryland attorney can help clarify how § 8-309 applies to a particular set of circumstances.
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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