Topics on this page

• Grounds for Eviction
• Retaliatory Eviction
• Eviction Due to Non-Payment of Rent
• Park Owner’s Right to Repossess
• Enforcement of Rights and Fairness
• Where to Get Help

Grounds for Eviction 

A mobile park owner can only evict a resident for the following reasons:

1. failure to pay rent;
2. making a false or misleading statement on a lease application;
3. violating a law that affects the health or welfare of other park residents; and/or
4. repeated violations of a park rule or provision of the rental agreement within a 6-month period.

A park owner must give the resident written notice of the violation at least 30 days before the date when the resident must leave the park. The notice must be delivered to the resident in person, by certified mail or regular mail and it must state a specific reason for the eviction.

Read the Law: Md. Code, Real Property § 8A-1101

Retaliatory Eviction

A park owner may not bring, or threaten to bring, a legal action to evict a resident, arbitrarily increase the rent or decrease the services to which the resident is entitled, or terminate a periodic tenancy for any of the following reasons:

1. because a resident or his/her agent has provided written or actual notice of a good faith complaint about an alleged violation of the rental agreement, violation of law, or condition on the leased premises that is a substantial threat to the health or safety of occupants to the park owner or any public agency against the park owner.
2. because a resident or his agent has filed a lawsuit or testified or participated in a lawsuit against the park owner.
3. because the resident has participated in any tenants’ organization.

Bringing, or threatening to bring, legal action based on any of these reasons is considered a “retaliatory action.”  Retaliatory eviction is prohibited by law and a resident may include in their defense a claim that the park owner engaged in retaliatory action. If the court finds in favor of the resident because the park owner engaged in a retaliatory action, the court may enter a judgment against the park owner for damages not to exceed the equivalent of 3 months’ rent, reasonable attorney’s fees, and court costs. 

An eviction may not be deemed retaliatory if the alleged retaliatory action occurs more than 6 months after a resident’s action that is protected under the law. If a landlord’s termination of a tenancy is not the result of a retaliatory action, these provisions do not affect either party's right to terminate or not renew a lease.

If any county enacts an ordinance comparable to these provisions in subject matter, this state law will supersede the local ordinance to the extent the ordinance provides less protection to a resident.

Read the Law: Md. Code, Real Property § 8A-1301
 

Eviction Due to Non-Payment of Rent

Whenever a resident fails to pay the rent when due, a park owner may seek to evict the resident and repossess the mobile home site. To do so, the park owner must file a written complaint in the District Court where the property is located.

The District Court will issue a summons and direct a sheriff or constable to serve the summons on the resident. A copy of the summons will be sent by first-class mail, and the constable or sheriff will serve the summons to the resident in person. If the resident cannot be found, a copy of the summons will be affixed to the mobile home.  Affixing of the summons to the mobile home, along with notification via first-class mail shall be considered sufficient service upon the resident.

Trial will be held at the District Court on the fifth day after filing of the complaint. At trial, the resident will be provided the opportunity to respond to the complaint and tell the court why the park owner’s request to evict the resident should not be granted.

If a park owner takes action to evict a resident based on non-payment of rent, and the resident can show that they gave written notice to the park owner that they did not intend to pay rent because the park owner was violating the law or the terms of the lease, the resident can use this as a defense in the action. The resident must have notified the park owner prior to the due date of the rent.

If a resident raises such a defense in an eviction proceeding, the resident can ask the court to appoint a trustee be to whom rent would be paid.  The resident would pay rent to the trustee and the trustee would hold the rent in escrow.  The trustee appointed by the court could authorize that the money held in escrow be used to correct the deficiency claimed by the resident.

Read the Law: Md. Code, Real Property § 8A-1601, § 8A-1701 

Park Owner's Right to Repossess

Maryland law prohibits a mobile home park owner from taking possession, or threatening to take possession of a leased mobile home unless:

1. the park owner has a warrant of restitution issued by a court and executed by a sheriff or constable; or
2. the resident has abandoned or surrendered possession of the leased mobile home.

Threating to take possession means using words or actions that would reasonable be interpreted to mean the owner intends to take possession. The law also prohibits a park owner from locking a resident out or interrupting services such as heat, running water, hot water, electricity or gas to a leased mobile home in an effort to force the resident out.

Read the Law: Md. Code, Real Property § 8A-1102

Repossession Upon Judgment for Non-Payment of Rent

If, upon conclusion of a trial for eviction due to non-payment of rent, the court rules in favor of the park owner, the court may enter a judgment that allows the park owner to repossess the mobile home.  The resident will be ordered to give up possession within 30 days after the trial. However, the court may extend the surrender time for an additional 15 days if the resident provides a certificate signed by a physician stating that surrender of the premises within the 30-day period would endanger the health or life of the resident or other occupant of the premises.

The court judgment may also include the amount of rent determined to be due by the resident, as well as judgment for the costs of the suit.  If, at the trial or the adjournment, the resident offers to park owner the rent due plus costs of the suit, the complaint against the resident is considered satisfied.

Eviction: When the judgment is in favor of the owner and the resident fails to comply with the surrender order within 15 days, the owner may request a "warrant of restitution" from the court. In the warrant, the court orders any sheriff or other official entitled to serve court notices and orders to be present as representative of the court while owner removes the mobile home, by force if necessary.  If park owner does not request the warrant of restitution within 60 days from the date of the repossession judgment, the repossession judgment will be stricken.

Right of Redemption: At any time before the actual eviction, a resident may redeem the premises by offering to the park owner in cash, certified check, or money order all past due rent and late fees plus court awarded costs and fees.  The park owner must also accept fund from a government entity if it is offered. (Government funds may be available through a rental assistance program)  However, this right of redemption is not available if 3 or more judgments of possession for rent due have been entered against the resident in the 12 months preceding the eviction action.

Appeal: Either party may appeal to the Circuit Court within 2 days after the District Court’s judgment.  In order for a resident to remain on the premises during the appeal, he must give sufficient bond.

Read the Law: Md. Code, Real Property § 8A-1701

Repossession After Resident Holds Over

The park owner is not obligated to renew an expiring lease.  If the owner does not intend to renew a resident’s lease, the owner must provide notice in writing 1 month before expiration of the lease.  This requirement is waived if the resident has provided verbal notice to the park owner at least 1 month before the end of the lease term or period (and at least 3 months’ notice if the tenancy is year-to-year) of intent not to renew the lease. If a mobile home resident refuses to comply and does not vacate at the end of the lease term, the resident is “holding over.” To remove the resident, the park owner must file a written complaint in the District Court where the property is located.

The court will issue a summons to the resident indicating the date the resident must appear before the court to show cause why possession of the mobile home should not be made to the park owner. If either of the parties fail to appear before the court on the day stated in the summons, the court may continue the case, with a new date set not less than 6 nor more than 10 days after the original date.

If, upon completion of the hearing, the court determines that (1) the lease for the mobile home has expired, (2) proper notice was provided to the resident by the park owner and (3) the resident has refused to leave, the court may rule in favor of the park owner and issue a warrant to a sheriff or constable commanding them to return the property to the park owner.  

Appeals: Either party has the right to appeal within 10 days after the original judgment, and resident may remain in possession of the mobile home site if a sufficient bond is filed.

Damages: A resident who unlawfully holds over beyond termination of the rental agreement is liable for all actual damages caused by the holding over. The damages awarded to a park owner against the resident may not be less than the apportioned rent for the period of holdover at the rate under the rental agreement.

Read the Law: Md. Code, Real Property § 8A-1702

Repossession Due to Breach the Rental Agreement

If the rental agreement contains a provision that a park owner may repossess the premises if resident breaches the rental agreement, a park owner must provide the resident 1 month’s written notice that resident is in violation and that owner intends to repossess the mobile home. If the resident refuses to comply and does not vacate, the park owner may seek the help of the court to evict a resident. 

To evict the resident, the park owner must file a written complaint in the District Court where the property is located. The court will issue a summons to the resident indicating the date the resident must appear before the court to show cause why possession of the mobile home should not be made to the park owner. If either of the parties fail to appear before the court on the day stated in the summons, the court may continue the case, with a new date set not less than 6 nor more than 10 days after the original date.

If the court finds that the resident breached the agreement and that the breach warrants eviction, the court will issue judgment for the park owner and issue a warrant to a sheriff or constable commanding them to return the property to the park owner.  

Appeals: Either party has the right to appeal within 10 days after the original judgment, and resident may remain in possession of the mobile home site if a sufficient bond is filed.

Read the Law: Md. Code, Real Property § 8A-1703

Enforcement of Rights and Fairness

If either resident or park owner fails to comply with the provisions of mobile home park laws or with the rental agreement, the aggrieved party may recover the damages caused by the non-compliance. The court may award costs and reasonable attorney's fees to the prevailing party.

Read the Law: Md. Code, Real Property § 8A-1501

A park rule that does not apply uniformly to all residents gives rise to a presumption of unfairness, which may be disputed by the owner.  If the court finds that a park rule or provision of a rental agreement is unfair, the court may refuse to enforce that provision or the entire rental agreement.  The court may also enforce the provision in a way that avoids an unfair result.

Where a rental agreement provision attempts to relieve a park owner from liability, to a resident or other person, for injury or damage that occurs on or around the leased premises caused by negligence or fault of the park owner,  that provision is against public policy and void.

Read the Law: Md. Code, Real Property § 8A-1502

Where to Get Help

The Consumer Protection Division of the Attorney General’s Office enforces the Maryland Mobile Home Parks Act and works with consumers who file complaints against mobile home park owners. If you have a complaint, try first to resolve it by contacting the park owner or manager yourself.

If your complaint relates to health or safety, call your local health department.