In October 2025, Maryland enacted an important reform to its wrongful detainer statute that has significant implications for property owners, occupants, and the District Court judiciary.[1] Wrongful detainer, a legal action to reclaim possession of real property from someone who unlawfully holds it without legal right, provides property owners with a remedy distinct from traditional eviction proceedings.[2] Through Senate Bill 46 (SB 46), the General Assembly imposed a firm procedural requirement for courts to hold a hearing on a wrongful detainer complaint within ten business days of filing.[3] The law also revises service-of-process procedures to facilitate earlier notice and reduce scheduling delays.[4] This reform represents a deliberate effort to accelerate the adjudication of possession disputes and use wrongful detainer action as a judicial remedy, while raising questions about adequate time for self-represented occupants to prepare their defenses.[5]

Currently, under a wrongful detainer action, an aggrieved party may file a written complaint, and the court must immediately issue a summons directing the occupant to appear and show cause as to why possession should not be returned to the complainant.[6] However, there was never a specific timeline for when the show-cause hearing had to be scheduled.[7] In practice, this absence of a statutory deadline allowed significant variation in hearing dates, depending on docket conditions and court calendars.[8] In some counties, hearings could be scheduled several weeks after the complaint was filed, undermining the summary nature of the remedy and prolonging the period during which an owner was deprived of possession.[9]

SB 46 directly addresses that procedural gap by establishing an aggressive hearing timeline for wrongful detainer actions in the country.[10] The legislation requires that the hearing on a wrongful detainer complaint be held within ten business days of filing and alters service-of-process requirements to support the expedited timeline.[11] Through the codification of a hearing schedule, the General Assembly curbed judicial discretion over hearing dates in these cases and imposed a uniform, accelerated process.[12] The change is noteworthy as it places Maryland among the most expedited jurisdictions in the country for adjudicating wrongful detainer claims.[13] While many states describe summary possession or wrongful detainer actions as “expedited,” few codify strict hearing deadlines in statute, and fewer still impose such short of a window as ten business days.[14]

For property owners, the advantages of the reform include a predictable, accelerated process that limits the period of unlawful occupancy and reinvigorates the statutory purpose of wrongful detainer actions as a prompt remedy.[15] The firm timeline also reduces the practical costs of litigation and allows owners to plan more effectively once a complaint is filed.[16]

Many Maryland organizations, however, have opposed this reform raising due process considerations.[17] Occupants in a wrongful detainer action, including renters and former occupants, are often self-represented and may have limited familiarity with court procedures.[18] An accelerated hearing schedule may compress the time available to secure legal counsel, gather evidence, or assert defenses, particularly in cases involving complex questions about contractual rights, subsidies, or lawful tenancy.[19] Public interest attorneys have expressed concern that the expedited timeline could disadvantage these defendants, especially where discovery and preparation rights differ between district and circuit courts.[20]

Viewed against broader national trends, Maryland’s reform reflects a legislative willingness to intervene in procedural scheduling in pursuit of efficiency and predictability. As legal practitioners and stakeholders adapt to the new timeline, Maryland’s experience may offer valuable insights for other states considering similar expedited frameworks in summary possession and wrongful detainer law.

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Deborah Yi is a fourth-year evening student at the University of Baltimore School of Law and an Associate Editor for Law Forum. Deborah earned her bachelor’s degree from American University in Political Communications. Deborah has experience in government relations and currently works for the National Council of State Housing Agencies. Deborah has plans to pursue a career in housing law after graduation.

[1] S.B. 46, 2025 Gen. Assemb., 448th Sess. (Md. 2025).

[2] Md. Code Ann., Real Prop. (“RP”)  § 14-132(a).

[3] Id.

[4] Id.

[5] Id.

[6] § 14-132(d).

[7] S.B. 46.

[8] Md. Dep’t of Legis. Serv., Maryland General Assembly Fiscal and Policy Note on S.B. 46, Md. Gen. Assemb. (May 2, 2025), https://mgaleg.maryland.gov/2025RS/fnotes/bil_0006/sb0046.pdf (on file with the University of Baltimore Law Forum).

[9] Id.

[10] Compare RP § 14-132(a) with Cal. Civ. Proc. Code § 1170.5 (West) (Showing that California statute requires such a hearing to take place within 20 days).

[11] S.B. 46.

[12] Id.

[13] See Matt Gregory, Maryland Makes Strides with Expedited Eviction Law Amid Squatter Woes, WUSA9 (Apr. 17, 2025), https://www.wusa9.com/article/news/local/upper-marlboro/maryland-makes-strides-expedited-eviction-lawamid-squatter-woes/65-142bd157-14a0-4a3b-bd98-3b53647654d9 (on file with the University of Baltimore Law Forum).

[14] Id.

[15] S.B. 46.

[16] See Criminal Law – Fraud – Possession of Residential Real Property: Hearing on S.B. 46 Before the Senate

Judiciary Proceedings Committee, Md. Leg. Coal., https://mgaleg.maryland.gov/cmte_testimony/2025/jpr/24755_01212025_104725-476.pdf (statement by Sen. Ron Watson, bill sponsor) (last visited Feb. 16, 2026) (on file with the University of Baltimore Law Forum).

[17] See Criminal Law – Fraud – Possession of Residential Real Property: Hearing on S.B. 46 Before the Senate Judiciary Proceedings Committee, Pub. Just. Ctr. (Jan. 21, 2025), https://mgaleg.maryland.gov/cmte_testimony/2025/jpr/1aE9n0OxR5fLmujubEHnckdfVJ3P4JBaF.pdf (on file with the University of Baltimore Law Forum).

[18] See Hallie Miller, They are Accused of Squatting. Lawmakers Want to Speed Up Their Day in Court, Balt. Banner (Jan. 23, 2026), https://www.thebanner.com/community/housing/maryland-squatting-bills-general-assembly-PJLK7YXPHBATPK54WTBVJXVDBI/ (on file with the University of Baltimore Law Forum).

[19] Id.

[20] Id.