Issued by: Roberta L. Warnken, Chief Clerk
Date: July 1, 2011
Inquiries: Joan E. Baer, Assistant Chief Clerk, Administrative Services, 410-260-1638
Due to recent Rule, legislative, and procedural changes, the DC/CV 81 Petition - for Warrant of Restitution has been revised and the DC/CV 82 Failure to Pay Rent form has undergone revisions twice.
The District Court apologizes for the inconvenience these changes have or will cause and appreciates your understanding and cooperation. Our goal is to have the most current and up-to-date forms available for use by the public and the courts. Unfortunately, as we strived to reach that goal with the 5/2011 version of the DC/CV 82, other important yet unanticipated changes necessitated additional revisions. The following is a summary of the recent changes with instructions and deadlines:
DC/CV 82 Version 5/2011
In Directive 11-08 DC dated May 9, 2011, the DC/CV 82 was revised to reflect the ruling in McDaniel v. Baranowski, decided on May 4, 2011. The Court of Appeals of Maryland held that a landlord who had failed to obtain a rental license pursuant to provisions of the Anne Arundel County Code was not permitted to initiate summary ejectment proceedings for residential tenant’s failure to pay rent under Md. Code, Real Property Article, § 8-401. Chief Judge Clyburn agreed to handle the cases in the following manner:
Cases filed before the McDaniel ruling will be not be required to affirmatively plead or demonstrate a valid license, unless the issue is raised. All landlords should be prepared, to demonstrate possession of a current license if the issue is raised.
Any cases filed after the form has been made available will be subject to dismissal. Landlords may want to obtain a stamp for use on the existing forms (Rev. 12.2010) to incorporate the “new language" in #2 on the DC/CV 82 (Rev. 5/2011) as shown below:
2. Is the Landlord required by law to be licensed in order to operate this premises as a rental property? __Yes __No. If so, is the Landlord currently licensed? __Yes __No. License number if applicable: ________________________.
Filers were advised to begin using the new 5/2011 version by July 11, 2011.
DC/CV 82 & DC/CV 81 Version 7/11/2011
In Directive 11-13 DC dated June 21, 2011, the following revisions were made to the DC/CV 81 and/or DC/CV 82 forms:
- changes in the requirements for landlords in Baltimore City on the back of the form, due to revised Baltimore City Ordinance, Article 13 § 8A-2
and § 8A-3, per Council Bill 11-0666 (effective July 11, 2011)
- additional fields for the signer's facsimile number and e-mail address per Rule 1-311, see the 168th Rules Order
(effective July 1, 2011)
- in section #2 of the DC/CR 82, the
insertion of the word registered or registration after licensed or license per the Civil Judges Committee request.
The revised (7/11/2011) Failure to Pay Rent form DC/CV 82 and Petition - for Warrant of Restitution form DC/CV 81 are available on our online Forms Index; printed forms will be ordered from a vendor. It will take approximately 6 - 8 weeks before the new version is available at our warehouse. Please wait until August before ordering the new version.
All filers MUST begin using this 7/11/2011 version by October 1, 2011.