Cal. Civ. Code § 8-405
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) If a tenant under a lease dies intestate and without next of kin, the landlord may bring an action for summary ejectment under § 8–401 of this subtitle against the tenant named in the lease notwithstanding the tenant’s death. (b) The landlord shall certify to the court in the written complaint required under § 8–401(b)(1) of this subtitle that, to the best of the landlord’s knowledge, the tenant is deceased, intestate, and without next of kin. (c) Property or income from property that a landlord holds for a deceased, intestate tenant without next of kin shall be presumed abandoned in accordance with Title 17 of the Commercial Law Article.
Maryland Real Property § 8-405 addresses a narrow situation in which a tenant who held a lease dies without a will (intestate) and without any known next of kin. Under these circumstances, the law permits a landlord to pursue a summary ejectment action against the deceased tenant's name on the lease, and requires the landlord to certify in the written complaint that the tenant is deceased, intestate, and without next of kin to the best of the landlord's knowledge. Any property or income from property that the landlord holds on behalf of such a tenant is presumed abandoned under Maryland's Commercial Law Article, Title 17.
Plain English — not legal advice.
Under § 8-405, operators who find themselves holding a unit previously leased by a tenant who has died intestate and without next of kin have a defined legal pathway to regain possession through summary ejectment proceedings. A compliant operator files the written complaint required by § 8-401(b)(1) and includes a certification attesting—to the best of their knowledge—that the tenant is deceased, intestate, and without next of kin. Landlords should also be aware that any property or funds they hold connected to such a tenancy are treated as presumptively abandoned under Title 17 of the Commercial Law Article, which carries its own compliance obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8-405 is specifically designed for situations where a deceased tenant left no will and no surviving relatives, so it has limited applicability to living tenants or those with family members who may have an interest in the estate. If a tenant's family member or representative believes a landlord has incorrectly certified that the deceased had no next of kin in a § 8-405 proceeding, that factual dispute may be raised as a defense in the ejectment action before the court. Individuals who believe they have a legal interest in a deceased tenant's lease or belongings may wish to consult a tenant-rights organization or legal aid provider familiar with Maryland probate and landlord-tenant law.
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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