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Terms Used In Maryland Code, REAL PROPERTY 8A-1601

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trustee: A person or institution holding and administering property in trust.
(a) In an action by the park owner for eviction based on nonpayment of rent or for recovery of unpaid rent, the resident may raise:

(1) A defense of material noncompliance with this title if, before the due date of rent, the resident gave to the park owner written notice that based on the noncompliance the resident did not intend to pay rent and specified in detail the provision of noncompliance; or

(2) Any other legal or equitable defense.

(b) If, in an action by the park owner for eviction based on nonpayment of rent, the resident raises a defense other than payment, the resident may petition the circuit court for the appointment of a trustee to receive the rent of the resident, apply the same to correcting the deficiency complained of and make a full accounting thereof to the court. The court shall give the parties a reasonable opportunity to present evidence as to the controversy before a trustee is appointed.