Cal. Civ. Code § 8-320
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale and payment of the rent claim and all costs, it shall be returned to the tenant or paid as provided by order of the court. The cost of returning unsold goods to the premises, if removed, shall be included as costs of the sale. (b) Before any distrainable goods of others are sold at a sale, the goods of the tenant shall be sold first and in their entirety, if necessary, to satisfy the claim for rent and costs. The sale of goods of others shall be made only to the extent necessary to satisfy the rent claim and all costs. (c) If any surplus money or unsold goods remain in the possession of an officer on completion of proceedings in an action of distress and after payment of all claims and costs incurred, a judgment creditor or other person claiming a right to the money or goods may petition the court in which the action was brought for payment of the creditor’s or claimant’s judgment or claim out of the excess of money or goods, plus court costs expended by the creditor or claimant. After a hearing on the petition, the court may direct payment of the money or goods or order the sale of goods in the same manner and after proceedings similar to those in attachment or execution. Any exemption allowed by law is permitted in these proceedings if claimed.
Maryland Real Property § 8-320 governs how goods seized under a distress action for unpaid rent may be sold and how any remaining proceeds or property must be handled. Only enough goods to cover the rent owed and associated costs may be sold; anything left over—whether unsold goods or surplus money—must be returned to the tenant or disposed of as a court directs. When goods belonging to third parties are also present, the tenant's own belongings must be sold first and completely before any third-party property is touched.
Plain English — not legal advice.
Under Md. Code Ann., Real Prop. § 8-320, landlords and their agents conducting a distress sale are limited to selling only what is needed to satisfy the rent claim and allowable costs—no more. Compliant operators ensure that any unsold goods are returned to the premises (with return costs counted as sale costs) and that surplus funds are promptly returned to the tenant or paid out per court order. Operators also take care to exhaust the tenant's own goods entirely before proceeding to sell any property belonging to third parties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Md. Code Ann., Real Prop. § 8-320 provides tenants with several protections during a distress sale: only the minimum amount of goods necessary to cover rent and costs may be sold, and any unsold items or leftover money must come back to you or be handled by court order. Your belongings must be sold before any goods belonging to others on the premises are touched. If surplus money or goods remain with an officer after the proceedings conclude, § 8-320(c) also allows other creditors or claimants to petition the court—so tenants facing a distress action may benefit from consulting a tenant-rights organization or legal aid provider to understand how these procedures apply.
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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