On August 22, 2007, the Maryland Court of Appeals ruled in the Hanna v. ARE Acquisitions, LLC that a commercial landlord could not maintain an action against the owners of a former tenant for trespass where the tenant allowed a substantial amount of property to remain in the leased premises after the tenant vacated the premises. The Circuit Court for Mongtomery County, Maryland had ruled in favor of the owners of the tenant and the landlord appealed to the Court of Special Appeals of Maryland. The Court of Special Appeals reversed, holding that the landlord was allowed to sue for trespass. The Court of Appeals reversed the Court of Special Appeals, and held that there cannot be a cause of action for trespass under circumstances where property is left in a leased premises. The Court reasoned that there cannot be a trespass where the property came into the premises during the tenant's posession of the premises. A copy of the opinion can be accessed on the Maryland Judiciary website:
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