Cal. Civ. Code § 8-118.1
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) (1) In an action under § 14–132 of this article in which a party demands a jury trial, the District Court immediately shall enter an order directing the person or entity in possession to pay the monthly fair rental value of the premises that is subject to the action, or such other amount as the court may determine is proper, starting as of the date the action was filed, as required in subsection (b) of this section. (2) The order shall require the amount determined by the court to be paid within 5 days of the date of the order. (b) The District Court shall order that the amount determined by the court be paid: (1) Into the registry of an escrow account of the clerk of the circuit court; or (2) To the plaintiff if both the defendant and the plaintiff agree or at the discretion of the District Court. (c) (1) If the person or entity fails to pay under the terms of the order, the circuit court, on motion of the person or entity claiming possession and certification of the clerk or the plaintiff, if the payment is made to the plaintiff, of the status of the account, shall conduct a hearing within 30 days. (2) The District Court’s escrow order and the clerk’s certification are presumed to be valid. (3) The person or entity in possession may dispute the validity or terms of the District Court’s escrow order or raise any other defense to the person’s alleged noncompliance with the order. (d) (1) If the circuit court determines that the failure to pay is without legal justification, the court may treat the person or entity in possession’s demand for jury trial as waived, and can immediately conduct a nonjury trial or set the matter for a future nonjury trial on the merits of the claim of the person or entity claiming possession. (2) If the circuit court, on motion, determines that either party is entitled to possession as a matter of law, the court shall enter a judgment in favor of that party for possession of the property and for any other appropriate relief. (e) (1) Upon final disposition of the action, the circuit court shall order distribution of the escrow account in accordance with the judgment. (2) If no judgment is entered, the circuit court shall order distribution to the party entitled to the escrow account after hearing.
Maryland Real Property § 8-118.1 establishes a procedure that applies when a party demands a jury trial in a possession action under § 14-132. Under this rule, the District Court must immediately order the person occupying the disputed premises to pay the monthly fair rental value—or another court-determined amount—into a court escrow account (or to the plaintiff if both sides agree), beginning from the date the action was filed, with payment due within five days of the order. If the occupying party fails to pay as ordered and cannot show legal justification, the circuit court may treat the jury trial demand as waived and proceed with a nonjury trial. Funds held in escrow are distributed according to the final judgment, or by court order after a hearing if no judgment is entered.
Plain English — not legal advice.
Under § 8-118.1, when a tenant or other occupant demands a jury trial in a possession proceeding, a compliant property owner or manager understands that the court will set an interim payment amount—typically the monthly fair rental value—that the occupying party must pay within five days of the order. Landlords and property managers generally track whether those payments are being made into the escrow account or directly to them (if the court so directs), and they are aware that they can move the circuit court for a hearing if payments are missed. Knowing that the circuit court can strip the occupying party's jury trial right for unjustified nonpayment is an important feature of how § 8-118.1 shapes possession litigation in Maryland.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-118.1 gives tenants or other occupying parties the right to dispute the validity or terms of the District Court's escrow order, or to raise any other defense to alleged noncompliance, at a circuit court hearing that must be held within 30 days of a motion. If a tenant believes the ordered payment amount is improper or that there is a legal justification for nonpayment, § 8-118.1 provides a formal opportunity to present that position before the circuit court. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider familiar with Maryland District Court possession proceedings to understand the available defenses and procedural options.
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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