Cal. Civ. Code § 8-328
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) If a tenant under a lease dies, or, if the tenant is a corporation and ceases to exist, distress may be brought against the tenant named in the lease regardless of death or nonexistence. The plaintiff shall give notice of an action of distress to the personal representative of a deceased defendant or to any person who was an officer at the time the corporation ceased to exist and the plaintiff shall certify to the court that the plaintiff has given notice. Then the plaintiff may proceed with levy and sale as provided in this subtitle. (b) If a tenant dies and no personal representative is appointed by a court having jurisdiction, or if an officer of the nonexistent corporation cannot be found and, therefore, service of process is returned non est, then, on application of the plaintiff, an order may be passed requiring a copy of the petition for distress to be posted at the courthouse door at least one week before the date of sale. Failure of the plaintiff to apply for the order subjects the plaintiff to suit by the personal representative of the deceased tenant, or by the officer or surviving directors of the nonexistent corporation for any loss or damage sustained. If the plaintiff makes application for the order, the plaintiff is under no liability either to the estate of the deceased tenant, or to the surviving trustees or officers of the nonexistent corporation.
Maryland Real Property § 8-328 addresses what happens when a tenant who owes rent dies or, if the tenant is a corporation, ceases to exist before a distress action (a legal proceeding to recover unpaid rent) is completed. Under this provision, a landlord may still pursue a distress action against the named tenant despite death or dissolution, but must provide notice to the deceased tenant's personal representative or a former corporate officer. If no personal representative has been appointed or a former officer cannot be located, the provision allows a court to order that notice be posted at the courthouse door at least one week before any sale, with specific consequences depending on whether the landlord follows that procedure.
Plain English — not legal advice.
Under § 8-328, operators who pursue a distress action against a deceased tenant or a dissolved corporate tenant are generally expected to provide formal notice to the personal representative of the deceased or to a former officer of the dissolved corporation, and to certify that notice to the court. When no personal representative exists or a former officer cannot be served, compliant operators typically seek a court order requiring courthouse-door posting at least one week before the sale date. Landlords who skip the application for that posting order expose themselves to potential liability for losses or damages claimed by the estate or surviving corporate officers, while those who properly apply for the order receive a liability shield under § 8-328.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-328 establishes protections for the estates of deceased tenants and the surviving officers or directors of dissolved corporate tenants when a landlord pursues a distress action. If a landlord fails to follow the required notice procedures—either notifying the personal representative or seeking the courthouse-door posting order when no representative is available—the estate or surviving corporate officers may have grounds to bring a claim for any resulting loss or damage. Those who believe these notice requirements were not followed in a distress proceeding may wish to consult a tenant-rights organization or an attorney familiar with Maryland landlord-tenant law to understand what options may be available under § 8-328.
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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