Ch. 685

LAWS OF MARYLAND

(a)   In an action under § 8-401, § 8-402, or § 8-402.1 of
this article in which a party prays a jury trial, the District
Court shall enter an order directing the tenant or anyone holding
under the tenant to pay [all accrued and unpaid rents, and] all
rents due and as they come due during the pendency of the action,
as prescribed in subsection (b) of this section.

(b)  The District Court shall order that the rents be paid
into the registry of an escrow account of:

(1)  The clerk of the circuit court; or

(2)  If directed by the District Court, an
administrative agency of the county which is empowered by local
law to hold rents in escrow pending investigation and disposition
of complaints by tenants.

(c)  (1) In an action under § 8-401, § 8-402, or § 8-402.1
of this article, if the tenant or anyone holding under the tenant
fails to pay rent [accrued or] as it comes due pursuant to the
terms of the order, the circuit court, on motion of the landlord
and certification of the clerk or agency of the status of the
account, shall given judgment in favor of the landlord and issue a
warrant for possession CONDUCT A HEARING WITHIN 30 VMS.

(2)  BEFORE TAKING ANY ACTION UNDER PARAGRAPH (1) OF
THIS SUBSECTION, THE CIRCUIT COURT SHALL PROVIDE THE TENANT OR AN
INDIVIDUAL HOLDING UNDER THE TENANT AN OPPORTUNITY FOR A HEARING
AT THE HEARING THE LANDLORD MUST SHOW THAT THE ESCROW ORDER IS
VALID AND THAT THE TENANT, WITHOUT LEGAL JUSTIFICATION, HAS
FAILED TO COMPLY WITH THE ORDER.

(3)  THE TENANT MAY DISPUTE THE VALIDITY OR TERMS OF
THE DISTRICT COURT'S ESCROW ORDER OR RAISE ANY OTHER DEFENSE,
INCLUDING ANY LEGAL JUSTIFICATION, TO THE TENANT'S ALLEGED
NONCOMPLIANCE WITH THE ORDER.

(4)  IF THE CIRCUIT COURT DETERMINES THAT THE LANDLORD
HAS SUSTAINED THE BURDEN OF SHOWING THAT THE ESCROW ORDER IS
VALID AND THAT THE TENANT, WITHOUT CAUSE, HAS FAILED TO COMPLY
WITH THE DISTRICT COURT'S ORDER, THE COURT MAY TREAT THE TENANT'S
PRAYER FOR JURY TRIAL AS WAIVED, AND CAN EITHER IMMEDIATELY
CONDUCT A NONJURY TRIAL OR SET THE MATTER FOR A FUTURE NONJURY
TRIAL ON THE MERITS OF THE LANDLORD'S CLAIM.

(d)  Upon final disposition of the action, the circuit court
shall order distribution of the rent escrow account in accordance
with the judgment. If no judgment is entered, the circuit court
shall order distribution to the party entitled to the rent escrow
account after hearing.

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