§ 8-503

Maryland § 8-503

• Jurisdiction: Maryland
• Article grp: Real Property
• Title: 8

Text

(a) (1) In this section the following words have the meanings indicated.

(2) “Court record” has the meaning stated in § 8–502(a) of this subtitle.

(3) “Failure to pay rent proceeding” means an action initiated by a landlord under § 8–401 of this title.

(4) “Shield” has the meaning stated in § 8–502(a) of this subtitle.

(b) (1) Within 60 days after the final resolution of a failure to pay rent proceeding, the District Court shall shield all court records relating to the proceeding if the proceeding did not result in a judgment of possession.

(2) (i) On motion by a tenant, the District Court may shield all court records relating to a failure to pay rent proceeding that results in a judgment of possession if:

1. The tenant demonstrates by a preponderance of the evidence that the tenant exercised the right of redemption under § 8–401(g) of this title and at least 12 months have passed since the final resolution of the proceeding that the tenant seeks to shield; or

2. The District Court determines that there is good cause to shield the court records.

(ii) Subject to subparagraph (iii) of this paragraph, the District Court shall seal the court records within 30 days after granting the tenant’s motion to shield.

(iii) If a judgment for possession is entered in a proceeding in which the tenant asserted a rent escrow defense under § 8–211 of this title, the District Court may shield only the court records related to the judgment for possession.

(c) Court records shielded under subsection (b) of this section may be opened only:

(1) On written request by the tenant; or

(2) On order of the District Court for good cause shown.

(d) A tenant may obtain a copy of an order issued under this section at any time from a clerk of the District Court, on proper identification, without a showing of need.

(e) An order to shield court records under this section may not affect any action in which an appeal is pending.