Md. Code, Commercial Law, Title 18

in effect

Md. Code, Commercial Law § 18-101

(a) In this title the following words have the meanings indicated. (b) (1) “Bill of lading” means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (2) “Bill of lading” includes an airbill; that is, a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill. (c) “Conspicuous” has the meaning stated in § 1–201(10) of this article. (d) “Goods” means all things which are treated as moveable for the purposes of a contract of storage or transportation. (e) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. (f) “Warehouse receipt” means a receipt issued by a person engaged in the business of storing goods for hire. (g) “Warehouseman” means a person engaged in the business of storing goods for hire.

Md. Code, Commercial Law § 18-201

(a) A person or his agent or officer may not issue a bill of lading, receipt, acknowledgment, or voucher for transport of any goods if, at the time the instrument is issued, the person has not actually received the goods for transport. (b) An officer, agent, or employee of a carrier may not issue or aid in issuing a bill of lading for any goods: (1) With intent to defraud; and (2) With knowledge that, at the time the bill of lading is issued, the goods: (i) Have not been received by the carrier, its agent, or a connecting carrier; or (ii) Are not under the carrier’s control.

Md. Code, Commercial Law § 18-202

An officer, agent, or employee of a carrier may not issue or aid in issuing a duplicate or additional negotiable bill of lading for any goods in violation of § 7-402 of this article: (1) With intent to defraud; and (2) With knowledge that the original bill of lading for the goods is outstanding and uncancelled.

Md. Code, Commercial Law § 18-203

A person may not negotiate or transfer for value a bill of lading: (1) With intent to defraud; (2) With knowledge that any of the goods which appear by the terms of the bill of lading to have been received for transportation by the carrier which issued the bill of lading are not in the possession or control of the carrier or a connecting carrier; and (3) Without disclosing the lack of possession and control.

Md. Code, Commercial Law § 18-204

A person may not secure the issuance by a carrier of a bill of lading by inducing an officer, agent, or employee of the carrier to believe falsely that the goods were received by the carrier or are under its control: (1) With intent to defraud; and (2) With knowledge that, at the time the bill of lading is issued, any of the goods described in the bill of lading as received for transportation: (i) Have not been received by the carrier, its agent, or a connecting carrier; or (ii) Are not under the carrier’s control.

Md. Code, Commercial Law § 18-205

A person with intent to defraud may not issue or aid in issuing a nonnegotiable bill of lading without a conspicuous notation on its face of the words “not negotiable” or “nonnegotiable”.

Md. Code, Commercial Law § 18-206

An officer, agent, or employee of a carrier may not issue or aid in issuing a bill of lading for goods: (1) With intent to defraud; and (2) With knowledge that it contains a false statement.

Md. Code, Commercial Law § 18-207

A person may not ship goods to which he has no title or on which there is a lien or security interest and transfer a negotiable bill of lading for the goods for value: (1) With intent to defraud; and (2) Without disclosing his lack of title or the existence of the lien or security interest.

Md. Code, Commercial Law § 18-301

(a) A person or his agent or officer may not issue any warehouse receipt, acceptance of an order, or other voucher for storage or deposit in the State of any goods if, at the time the instrument is issued, the goods are not: (1) In his actual possession or custody; (2) On his premises; or (3) Under his absolute and exclusive control. (b) A warehouseman or his officer, agent, or employee may not issue or aid in issuing a warehouse receipt for any goods with the knowledge that, at the time the warehouse receipt is issued, the goods: (1) Have not been received by the warehouseman; or (2) Are not under the control of the warehouseman.

Md. Code, Commercial Law § 18-302

Except as provided by § 7-601 of this article, a warehouseman or his officer, agent, or employee may not issue or aid in issuing a duplicate or additional negotiable warehouse receipt for any goods: (1) Without a conspicuous notation on its face of the word “duplicate”; (2) With knowledge that the original warehouse receipt for the goods is outstanding and uncancelled.

Md. Code, Commercial Law § 18-303

A warehouseman or his officer, agent, or employee may not issue or aid in issuing a warehouse receipt for goods: (1) With intent to defraud; and (2) With the knowledge that it contains a false statement.

Md. Code, Commercial Law § 18-304

A warehouseman or his officer, agent, or employee, with the knowledge that any goods deposited with or held by the warehouseman are in fact goods of which the warehouseman, solely, jointly, or in common with others, is an owner, may not issue or aid in issuing a negotiable warehouse receipt for the goods which does not state that ownership.

Md. Code, Commercial Law § 18-305

Except as provided by § 7-601 of this article, a warehouseman or his officer, agent, or employee may not deliver goods out of the possession of the warehouseman: (1) With knowledge that a negotiable warehouse receipt, the negotiation of which would transfer the right to the possession of the goods, is outstanding and uncancelled; and (2) Without obtaining the possession of the warehouse receipt at or before the time of the delivery.

Md. Code, Commercial Law § 18-306

A person may not deposit goods to which he has no title or on which there is a lien or security interest and take a negotiable warehouse receipt for the goods and negotiate it for value: (1) With intent to defraud; and (2) Without disclosing his lack of title or the existence of the lien or security interest.

Md. Code, Commercial Law § 18-307

A bonded or distillery warehouse, as defined by the federal Tariff Act, located in the State is subject to all provisions of this subtitle not inconsistent with the Tariff Act.

Md. Code, Commercial Law § 18-401

(a) Any person who violates any provision of § 18-201(a) or § 18-301(a) of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000. (b) Any person who violates any provision of §§ 18-201(b) through 18-205, § 18-301(b), or § 18-302 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding five years or both. (c) Any person who violates any provision of § 18-206, § 18-207 or §§ 18-303 through 18-306 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.

Md. Code, Commercial Law § 18-501

(a) In this subtitle the following words have the meanings indicated. (b) “Default” means the failure to perform on time any obligation or duty set forth in the rental agreement. (c) “Last known address” means that address or electronic mail address provided by the occupant in the rental agreement or the address or electronic mail address provided by the occupant in a subsequent written notice of a change of address. (d) “Leased space” means the individual storage space at the self–service facility which is rented to an occupant pursuant to a rental agreement. (e) “Occupant” means a person, a sublessee, successor, or assign, entitled to the use of a leased space at a self–service storage facility under a rental agreement. (f) (1) “Operator” means the owner, operator, lessor, or sublessor of a self–service storage facility, an agent, or any other person authorized to manage the facility. (2) “Operator” does not include a warehouseman, unless the operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored. (g) (1) “Personal property” means movable property, not affixed to land. (2) “Personal property” includes goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. (h) “Rental agreement” means any written agreement that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self–service storage facility. (i) “Self–service storage facility” means any real property used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a “self–service” basis. (j) “Verified mail” means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.

Md. Code, Commercial Law § 18-502

(a) An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. (b) An occupant may not use a leased space for residential purposes.

Md. Code, Commercial Law § 18-503

(a) The operator of a self–service storage facility has a lien on all personal property stored within each leased space for rent, labor, or other charges, and for expenses reasonably incurred in its sale, as provided in this subtitle. (b) The rental agreement shall contain a statement, in bold type, advising the occupant: (1) Of the existence of the lien; (2) That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default; (3) That personal property stored in the leased space may be towed or removed from the self–service storage facility if: (i) The personal property is a motor vehicle or watercraft; and (ii) The occupant is in default for more than 60 days; and (4) That a sale of personal property stored in the leased space to satisfy the lien if the occupant is in default shall be advertised: (i) In a newspaper of general circulation in the jurisdiction where the sale is to be held; (ii) By electronic mail; or (iii) On an online website.

Md. Code, Commercial Law § 18-504

(a) (1) If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale, for cash. (2) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (e) of this section. (b) (1) Before conducting a sale under subsection (a) of this section, the operator shall, subject to paragraph (2) of this subsection, notify the occupant of the default by hand delivery, verified mail, or electronic mail at the occupant’s last known address. (2) (i) The operator may not notify the occupant of the default by electronic mail unless: 1. The rental agreement, or a written change to the rental agreement, specifies, in bold type, that notice may be given by electronic mail; and 2. The occupant provides the occupant’s initials next to the statement in the rental agreement specifying that notice of default may be given by electronic mail. (ii) If the operator notifies the occupant of the default by electronic mail at the occupant’s last known address and does not receive a response sent from the occupant’s electronic mail address or a confirmation of delivery, the operator shall send a second notice of default to the occupant by verified mail to the occupant’s last known postal address. (3) The notice shall include: (i) A statement that the contents of the occupant’s leased space are subject to the operator’s lien; (ii) A statement of the operator’s claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than 14 days after the date that the notice was mailed; (iv) A statement that unless the claim is paid within the time stated, the contents of the occupant’s space will be sold at a specified time and place; and (v) The name, street address, and telephone number of the operator, or his designated agent, whom the occupant may contact to respond to the notice. (4) (i) Subject to subparagraph (ii) of this paragraph, at least 10 days before conducting a sale under this section, the operator shall notify the occupant of the time, place, and terms of the sale by hand delivery, verified mail, or electronic mail at the occupant’s last known address. (ii) If an operator notifies the occupant of the sale by electronic mail at the occupant’s last known address and does not receive a response sent from the occupant’s electronic mail address or a confirmation of delivery at least 5 days before the sale, the operator shall promptly send a second notice of sale to the occupant by verified mail to the occupant’s last known postal address. (5) At least 3 days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale: (i) In a newspaper of general circulation in the jurisdiction where the sale is to be held; (ii) By electronic mail; or (iii) On an online website. (c) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s personal property. (d) (1) A sale under this section shall be held at the self–service storage facility where the personal property is stored. (2) A sale under this section shall be deemed to be held at the self–service storage facility where the personal property is stored if the sale is held on an online auction website. (e) (1) If a sale is held under this section, the operator shall: (i) Satisfy the lien from the proceeds of the sale; and (ii) Mail the balance, if any, by certified mail to the occupant or any other recorded lienholder at the last known address of the occupant or lienholder. (2) (i) If the balance is returned to the operator after the operator mailed the balance in the manner required under paragraph (1)(ii) of this subsection, the operator shall hold the balance for 1 year after the date of sale for delivery on demand to the occupant or any other recorded lienholder. (ii) After expiration of the 1 year period, the balance is presumed abandoned under § 17–307.1 of this article. (f) A purchaser in good faith of any personal property sold under this subtitle takes the property free and clear of any rights of: (1) Persons against whom the lien was valid; and (2) Other lienholders. (g) If the operator complies with the provisions of this subtitle, the operator’s liability: (1) To the occupant shall be limited to the net proceeds received from the sale of the personal property; and (2) To other lienholders shall be limited to the net proceeds received from the sale of any personal property covered by that other lien. (h) If an occupant is in default, the operator may deny the occupant access to the leased space. (i) (1) (i) Notices sent to the operator shall be sent to the self–service storage facility where the occupant’s personal property is stored by hand delivery or verified mail. (ii) Notices to the occupant shall be sent to the occupant at the occupant’s last known address. (2) Notices shall be deemed delivered when: (i) Deposited with the United States Postal Service or a private delivery service, properly addressed as provided in subsection (b) of this section, with postage prepaid; or (ii) Sent by electronic mail to the occupant’s last known address. (j) (1) If the occupant is in default for more than 60 days and the personal property stored in the leased space is a motor vehicle or watercraft, the operator may have the personal property towed or removed from the self–service storage facility in lieu of a sale authorized under subsection (a) of this section. (2) The operator shall be immune from civil liability for any damage to the personal property towed or removed from the self–service storage facility under paragraph (1) of this subsection that occurs after the person that undertakes the towing or removal of the personal property takes possession of the personal property. (k) If a rental agreement specifies a limit on the value of personal property that may be stored in the occupant’s leased space, the limit shall be deemed to be the maximum value of the stored personal property. (l) (1) The operator may charge the occupant a reasonable late fee for each month the occupant does not pay rent when due. (2) A fee under this subsection may not be more than the greater of: (i) $20 a month; or (ii) 20% of the monthly rent for the leased space. (3) The operator may not charge a fee under this subsection unless the operator discloses in the rental agreement: (i) The amount of the fee; and (ii) The timing for charging the fee. (4) A fee under this subsection may be charged in addition to any other remedy provided by law or contract.

Md. Code, Commercial Law § 18-505

Unless the rental agreement specifically provides otherwise and until a lien sale under this subtitle, the exclusive care, custody, and control of all personal property stored in the leased self-service storage space remains vested in the occupant.

Md. Code, Commercial Law § 18-506

All rental agreements, entered into before July 1, 1983, which have not been extended or renewed after that date, shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this State.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026