HANDLING BREACH OF LEASE CASES

This SOP provides a detailed guide for handling breach of lease cases, from identifying the breach to obtaining a judgment for possession of the property. It is intended to ensure that all steps are followed in accordance with Maryland law, specifically REAL PROP. § 8-402.1.

Key Definitions and Terms

Breach of Lease

A breach of lease occurs when a tenant fails to adhere to the terms and conditions stipulated in the lease agreement.

Landlord

The party who owns the property and has leased it to a tenant.

Tenant

The party who has rented the property from the landlord.

Restitution of Possession

The legal process by which a landlord reclaims possession of the leased property from the tenant.

Notice of Breach

A written notice provided by the landlord to the tenant, informing them of the breach and the landlord’s intention to repossess the property.

Summons

A legal document issued by the court requiring the tenant to appear in court to show cause why the property should not be returned to the landlord.

Judgment for Possession

A court order granting the landlord the right to reclaim possession of the property.

Steps to Handle Breach of Lease Cases

1. Identifying the Breach

1. Review the Lease Agreement:

   • Ensure the lease agreement specifically allows for repossession in the event of a breach by the tenant.

   • Identify the specific terms that have been breached.

2. Providing Notice to the Tenant

1. Prepare the Notice of Breach:

   • Draft a written notice stating the specific breach of the lease.

   • Include a statement that the landlord intends to repossess the premises due to the breach.

2. Determine Notice Period:

   • For general breaches, provide 30 days' written notice. (REAL PROP. § 8-402.1(a)(1)(i)2.A)

   • For breaches involving clear and imminent danger, provide 14 days' written notice. (REAL PROP. § 8-402.1(a)(1)(i)2.B)

3. Deliver the Notice:

   • Serve the notice to the tenant by first-class mail and, if applicable, by personal delivery or posting conspicuously on the property.

3. Filing the Complaint

1. Complete the Complaint Form:

   • Use District Court form DC-CV-085 for breach of lease matters (excluding failure to pay rent).

2. File the Complaint:

   • Submit the completed form to the District Court in the county where the property is located. (REAL PROP. § 8-402.1)

4. Court Summons

1. Issuance of Summons:

   • The District Court will issue a summons requiring the tenant to appear and show cause why the property should not be returned to the landlord. (REAL PROP. § 8-402.1(a)(1)(ii))

2. Service of Summons:

   • The summons may be served by the constable or sheriff, either by personal service or by posting conspicuously on the property. (REAL PROP. § 8-402.1(a)(2))

3. Mailing of Notice:

   • Send a copy of the summons to the tenant by first-class mail. (REAL PROP. § 8-402.1(a)(2)(ii))

5. Court Hearing

1. Preparation for Hearing:

   • Gather evidence to prove that the tenant has substantially breached the lease terms.

   • Prepare to demonstrate that eviction is warranted as a sanction for the breach.

2. Factors for Consideration:

   • Be prepared to discuss the actual loss or damage caused by the violation, likelihood of future violations, and the existence of alternative remedies. (Chateau Foghorn LP v. Hosford, 455 Md. 462)

3. Court Decision:

   • If the court finds in favor of the landlord, it will enter a judgment for possession and issue a warrant to the sheriff or constable to deliver possession to the landlord. (REAL PROP. § 8-402.1(b)(1))

6. Post-Judgment Actions

1. Appeal Process:

   • Either party may appeal to the circuit court within ten days of the judgment. (REAL PROP. § 8-402.1(b)(2))

2. Tenant's Requirements for Appeal:

   • To retain possession during the appeal, the tenant must file an affidavit stating the appeal is not for delay, post a sufficient bond, pay all rent in arrears and court costs, and cover any losses or damages to the landlord.

3. Execution of Warrant:

   • If the appeal is in favor of the landlord, the circuit court will issue a warrant for restitution of possession, which the sheriff will execute.

7. Practical Considerations

1. Acceptance of Payments:

   • Acceptance of any payment after notice but before eviction does not waive the notice of breach or judgment for possession unless agreed in writing.

2. Documentation:

   • Keep detailed records of all notices, filings, and communications to ensure compliance and support your case in court.

Flow Chart of the Breach of Lease Process

1. Identify Breach:

   • Review lease agreement and identify breach.

2. Prepare and Serve Notice:

   • Draft notice of breach and serve it to the tenant (30 or 14 days' notice as applicable).

3. File Complaint:

   • Complete and file form DC-CV-085 with the District Court.

4. Issue Summons:

   • Court issues summons for tenant to appear.

   • Serve summons and mail copy to tenant.

5. Court Hearing:

   • Prepare evidence and present the case in court.

   • Court decides on the judgment for possession.

6. Post-Judgment Actions:

   • Handle any appeals.

   • Execute warrant for restitution if appeal is in favor of the landlord.

By following this SOP, landlords can effectively navigate the legal process for repossessing property due to a tenant's breach of lease. Ensure compliance with all statutory requirements and consult legal counsel if necessary to handle complex cases or unique situations.