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Rent Payment During Eviction Proceedings
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In an eviction case
brought against a tenant for non-payment of rent or for holding over, if the judge orders an adjournment (postponement) of the trial for a longer period than the normal continuance allowed by law (usually 10 days), the tenant must pay all rent as it becomes due and any rent that is past due either to:
- The court where the case is being tried; or
- If ordered by the judge, to an administrative agency authorized by local law to hold rent in escrow.
The court may also refer the case to an administrative agency for investigation and report to the court.
The tenant must pay the amount of rent due before the date on which the trial is to resume or, if the trial is adjourned for more than 5 days, within 5 days after the adjournment.
If tenant fails to pay the rent as it becomes due and/or any past due rent, the court will allow the landlord to request a hearing where the court may decide in favor of landlord and issue a warrant for him to repossess the premises.
Payment if Jury Trial is Requested
In an eviction proceeding for non-payment of rent, breach of lease, or holding over, if either the tenant or the landlord asks for a jury trial, the tenant must pay rent as it becomes due into an escrow account during the course of the action. Tenant will pay as directed by the District Court, either to the clerk of the Circuit Court or to an agency empowered by local law to hold rents in escrow or to the landlord if both parties agree or at the discretion of the District Court.
If tenant fails to pay rent as it becomes due, the landlord may request a hearing if he provides certification from the escrow agent regarding the status of the escrow account; the hearing must be held within 30 days of the request. At the hearing, the escrow order and certification is presumed valid but the tenant may dispute the validity or terms of the escrow order, and may raise any legal defense to noncompliance with the order.
If the court finds that the failure to pay is without legal justification, the court may decide that the tenant has waived his request for a jury trial and may immediately proceed to conduct a nonjury trial or schedule a nonjury trial for a future date.
Upon final determination of the suit, the court will order appropriate distribution of the money in the escrow account.
Read the Law: Md. Code, Real Prop. §§ 8-118, 8-403
Source:
Baltimore Neighborhoods, Inc. (BNI) 
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