Cal. Civ. Code § 8-324
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) If the plaintiff in an action of distress makes an election in writing, the court may declare the lease terminated and of no further force and effect. This election may be made only if all tenants have been served with a copy of the action of distress and after sale of all goods levied on. The court may not terminate any residential lease which runs for more than 15 years. (b) If any tenant was not served with a copy of the action of distress, the court may declare the lease terminated if a copy of the nisi order of termination is twice returned non est as to the nonsummoned defendant. (c) If the court declares a lease terminated under subsection (a) of this section, the court on application of the plaintiff, may issue its order or judgment of restitution of the premises. The court shall issue its warrant to the officer commanding the officer to deliver immediately to the plaintiff, possession in full and ample manner as set forth in § 8-402(b) of this title. The costs of this action are the same as in the case of a tenant holding over.
Maryland Real Property § 8-324 governs a specific legal process called 'distress,' in which a landlord who is owed rent may pursue court action that can ultimately result in a lease being declared terminated. For the court to end the lease under subsection (a), all tenants must have been served with notice of the distress action and any levied goods must have been sold first; the court cannot terminate a residential lease that runs longer than 15 years through this mechanism. If a tenant was not successfully served, subsection (b) provides an alternative path where the court may still declare termination after two failed service attempts are documented. Once a lease is terminated under subsection (a), subsection (c) allows the court to order the return of the premises to the landlord, with costs treated the same as in a holdover-tenant case.
Plain English — not legal advice.
Under Md. Code Ann., Real Prop. § 8-324, landlords pursuing a distress action who wish to also seek lease termination must make that election in writing and ensure that all tenants have been properly served before the court will consider termination. Compliant operators typically confirm that the sale of all levied goods has occurred prior to seeking a termination order, and they are aware that this route is unavailable for residential leases exceeding 15 years in duration. If the court grants termination under subsection (c), a landlord may then apply for a restitution order to regain possession of the premises, with associated costs calculated on the same basis as a holdover-tenancy action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-324 provides tenants with procedural protections within a distress action: a court generally cannot terminate a lease unless all tenants have been served with a copy of the distress action, and residential leases longer than 15 years are shielded from termination through this mechanism entirely. Tenants who believe they were not properly served, or that the procedural requirements of subsection (a) or (b) were not met, may raise those deficiencies as part of the court proceeding. Tenants facing a distress action and potential lease termination may benefit from consulting a tenant-rights organization or legal aid provider familiar with Maryland landlord-tenant law to understand the full range of options available under this provision.
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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