Cal. Civ. Code § 8-404
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) In this section, “claimant” means the person identified by a tenant or person in possession as someone who claims title to the property leased or possessed by the tenant or person in possession. (b) (1) In any action brought under § 8–401 or § 8–402 of this subtitle or § 14–132 of this article, if the tenant or person in possession shall allege that the title to the property is disputed and in the case of a lease, that title is claimed by a claimant whom the tenant shall name, by virtue of a right or title accruing or happening since the commencement of the lease, by descent or deed from or by devise under the last will or testament of the landlord and, otherwise, if the person in possession or any claimant is alleged to have title, then the court shall, upon determination that title is relevant, forbear to give judgment for possession and costs. (2) The tenant or person in possession so claiming shall cause a summons to be immediately issued to the claimant by the District Court and made returnable within 5 days next following. (3) The claimant shall appear before the court and shall under oath, declare that the claimant claims title to the property which is the subject of the action and shall, with two sufficient securities, enter into bond to the plaintiff or parties in interest, in such sum as the court shall determine to be proper and reasonable security to said plaintiff or parties in interest, to prosecute with effect the claimant’s claim in the circuit court for the county. (4) If the said claim shall not be commenced in the circuit court within 10 days of the first appearance of the claimant in the District Court, the District Court shall proceed to give judgment for possession and costs and issue its warrant.
Maryland Real Property § 8-404 establishes a procedure for pausing an eviction or possession action when a tenant or occupant raises a genuine dispute about who actually owns the property. If the occupant identifies a third party who claims title to the property—particularly through inheritance, deed, or devise occurring after the lease began—the District Court must hold off on entering a judgment for possession while that title question is sorted out. The claimant must appear in court, swear to their claim under oath, post a bond, and then file their title claim in circuit court within 10 days, or the District Court will proceed with the original possession judgment.
Plain English — not legal advice.
Under Md. Real Prop. § 8-404, a landlord pursuing an eviction through the standard District Court process may encounter a temporary halt if the tenant raises a third-party title dispute. Compliant operators generally maintain clear documentation of their ownership chain—deeds, probate records, and title insurance—so that any such claim can be addressed promptly in circuit court proceedings. Because the 10-day window for the claimant to file in circuit court is short, landlords who hold clear title typically find that the possession action resumes quickly if no legitimate claim is prosecuted.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-404 of the Maryland Real Property Code gives tenants and occupants a procedural tool: if someone other than the current landlord is asserting ownership of the property, a tenant can raise that title dispute as part of a possession or eviction action under §§ 8-401, 8-402, or 14-132. By naming the claimant and triggering the summons process, a tenant may cause the court to pause the judgment for possession while the ownership question is resolved. Tenants who believe this situation applies to them may wish to consult a tenant-rights organization or legal aid office familiar with Maryland District Court procedures to understand how this defense works in practice.
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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