Maryland Statutes
Subtitle 3 - Distress for Rent
Section 8-320 - Disposition of Unsold Goods; Surplus Proceeds of Sale; Order in Which Goods to Be Sold

(a)    Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale and payment of the rent claim and all costs, it shall be returned to the tenant or paid as provided by order of the court. The cost of returning unsold goods to the premises, if removed, shall be included as costs of the sale.
    (b)    Before any distrainable goods of others are sold at a sale, the goods of the tenant shall be sold first and in their entirety, if necessary, to satisfy the claim for rent and costs. The sale of goods of others shall be made only to the extent necessary to satisfy the rent claim and all costs.
    (c)    If any surplus money or unsold goods remain in the possession of an officer on completion of proceedings in an action of distress and after payment of all claims and costs incurred, a judgment creditor or other person claiming a right to the money or goods may petition the court in which the action was brought for payment of the creditor’s or claimant’s judgment or claim out of the excess of money or goods, plus court costs expended by the creditor or claimant. After a hearing on the petition, the court may direct payment of the money or goods or order the sale of goods in the same manner and after proceedings similar to those in attachment or execution. Any exemption allowed by law is permitted in these proceedings if claimed.

Structure Maryland Statutes

Maryland Statutes

Real Property

Title 8 - Landlord and Tenant

Subtitle 3 - Distress for Rent

Section 8-301 - Definitions

Section 8-302 - Action at Law; Jurisdiction; Leases Subject to Distress; Venue

Section 8-303 - Form and Contents of Petition; Service

Section 8-304 - Show-Cause Order

Section 8-305 - Order of Levy; Service of Petition and Order; Inventory; Return; Amended Levy and Inventory

Section 8-306 - Goods Levied On; Exclusions From Levy

Section 8-307 - Exemptions From Levy; Goods Subject to Security Interest

Section 8-308 - Levied Goods in Court

Section 8-309 - Entry Under Levy; Forcible Entry; Time of Levy

Section 8-310 - Removal of Levied Goods; Bond

Section 8-311 - Levy on Goods of Third Person; Finality of Levy; Removal of Excluded Goods

Section 8-312 - Effect of Levy on Title to Goods; Risk of Loss of Levied Goods

Section 8-313 - Expense of Removing Goods; Liability for Removal of Goods Affixed to the Property

Section 8-314 - Answer to Petition; Hearing; Final Order of Sale

Section 8-315 - Order to Follow Removed Goods; Goods in Another Jurisdiction; Entry Under Order to Follow Goods

Section 8-316 - Bond for Return of Levied Goods; Order to Release Goods

Section 8-317 - Order to Make Forcible Entry After Levy on Goods

Section 8-318 - Notice of Sale

Section 8-319 - Manner of Sale; Removal for Sale

Section 8-320 - Disposition of Unsold Goods; Surplus Proceeds of Sale; Order in Which Goods to Be Sold

Section 8-321 - Security for Costs

Section 8-322 - Costs

Section 8-323 - Rights of Third Party When Goods Sold Under Distress

Section 8-324 - Termination of Leases; Possession of Premises

Section 8-325 - Deficiency Judgment; Hearing; Exemptions

Section 8-326 - Levy on Goods of Husband and Wife

Section 8-327 - Amendment of Petition or Other Pleading

Section 8-328 - Death of Tenant; Corporate Tenant Ceasing to Exist; Order Requiring Posting of Copy of Petition

Section 8-329 - Assignment of Leases; Liability of Assignee

Section 8-330 - Service of Process

Section 8-331 - Stay When Notice Not Received

Section 8-332 - Right to Appeal; Time for Taking; Trial; Stays