HANDLING WRONGFUL DETAINER CASES

This SOP provides a comprehensive guide for handling wrongful detainer cases, a statutory possessory action to remove an individual who occupies a property without legal right. The procedures are based on Maryland law, specifically REAL PROP. § 14-132.

Key Definitions and Terms

Wrongful Detainer

A wrongful detainer occurs when a person holds possession of property without the legal right to do so. This action is used to evict someone who is not a tenant and does not pay rent but occupies a rental unit.

Plaintiff

The person or entity claiming legal possession of the property.

Defendant

The person occupying the property without legal right.

Warrant of Restitution

A court order directing the sheriff or constable to return possession of the property to the plaintiff.

Notice to Quit

A notice given to a tenant or occupant to vacate the property.

District Court Form DC-CV-089

The form used to file a complaint for wrongful detainer in Maryland.

Steps to Handle Wrongful Detainer Cases

1. Identifying a Wrongful Detainer Situation

1. Verify Occupancy Status:

   • Confirm that the occupant is not a lawful tenant, does not pay rent, and has no legal right to remain on the property.

   • Ensure that the situation does not fall under other statutory provisions such as failure to pay rent, tenant holding over, or breach of lease.

2. Collecting Documents from Clients

1. Proof of Ownership:

   • Obtain documentation proving the plaintiff’s legal ownership or right to possession of the property.

2. Occupant Information:

   • Gather any information about the occupant, including name, duration of occupancy, and any previous communications.

3. Property Information:

   • Collect details about the property, including address and description.

3. Filing the Complaint

1. Complete the Complaint Form:

   • Use District Court form DC-CV-089 for wrongful detainer cases.

2. Submit the Complaint:

   • File the completed form in the District Court of the county where the property is located. (REAL PROP. § 14-132(d)(1))

3. Include Necessary Documentation:

   • Attach proof of ownership and any other relevant documents to support the claim.

4. Serving the Defendant

1. Service of Process:

   • Ensure the complaint is served to the defendant through appropriate means, such as personal service, restricted delivery mail, or service upon a resident of suitable age or discretion.

2. No Counterclaims or Crossclaims:

   • Note that the statute specifically prohibits counterclaims and crossclaims in wrongful detainer actions. (REAL PROP. § 14-132(e))

5. Preparing for the Hearing

1. Organize Evidence:

   • Prepare all documents and evidence to demonstrate the plaintiff’s legal right to possession and the defendant’s lack of legal entitlement.

2. Witness Preparation:

   • Prepare any witnesses, including property managers or others with relevant information about the occupancy.

3. Legal Representation:

   • Ensure legal counsel is prepared to present the case and argue on behalf of the plaintiff.

6. Court Hearing

1. Presentation of Evidence:

   • Prove that the defendant holds possession of the property without legal right and that the plaintiff is legally entitled to possession. (REAL PROP. § 14-132(c))

2. Court Decision:

   • If the court finds in favor of the plaintiff, it will enter a judgment for restitution of possession and issue a warrant to the sheriff or constable to deliver possession to the plaintiff. (REAL PROP. § 14-132(f)(1))

3. Awarding Damages:

   • The court may also award damages, court costs, and attorney’s fees if claimed in the complaint and the defendant was personally served. (REAL PROP. § 14-132(f)(2))

7. Post-Judgment Actions

1. Appeal Process:

   • Either party may appeal the District Court’s decision to the circuit court within ten days of the judgment. (REAL PROP. § 14-132(h)(1))

2. Defendant's Requirements for Appeal:

   • To retain possession during the appeal, the defendant must file an affidavit stating the appeal is not for delay, post a bond, and pay the fair rental value, court costs, and any damages. (REAL PROP. § 14-132(h)(2)(ii))

3. Appellate Hearing:

   • The appellate hearing must be held within 5 to 15 days after the appeal is filed. Notice of the hearing must be served on the parties or their counsel at least five days before the hearing. (REAL PROP. § 14-132(h)(3)-(4))

4. Execution of Warrant:

   • If the circuit court rules in favor of the plaintiff, a warrant must be issued and immediately executed. (REAL PROP. § 14-132(i))

8. Practical Considerations

1. Documentation:

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

2. Legal Compliance:

   • Ensure all actions comply with statutory requirements to avoid wrongful eviction claims.

Flow Chart of the Wrongful Detainer Process

1. Identify Wrongful Detainer:

   • Confirm the occupant’s lack of legal right to the property.

2. Collect Documents:

   • Gather proof of ownership, occupant information, and property details.

3. File Complaint:

   • Complete and file form DC-CV-089 with the District Court and attach necessary documentation.

4. Serve Defendant:

   • Ensure proper service of the complaint to the defendant.

5. Prepare for Hearing:

   • Organize evidence and prepare witnesses.

6. Court Hearing:

   • Present the case in court and obtain judgment for possession and damages if applicable.

7. Post-Judgment Actions:

   • Handle appeals and execute the warrant of restitution if the judgment is in favor of the plaintiff.

By following this SOP, landlords and property managers can effectively navigate the legal process for removing occupants without legal right through wrongful detainer actions. Ensure compliance with all statutory requirements and consult legal counsel if necessary to handle complex cases or unique situations.