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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1303   View pdf image (33K)
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AET. 53] TENANTS HOLDING OVEE. 1303

Tenants Holding1 Over.

1904, art 53, sec. 1. 1888, art. 53, sec. 1. 1860, art. 53, sec. 1. 1793, ch. 43. 1845,
ch. 209. 1874, ch. 414. 1882, ch. 355.

1. In all cases where any interest in real estate shall be let or
leased for any definite term or at will, and the lessor, his heirs, execu-
tors, administrators or assigns shall desire to repossess the same after
the expiration of the term for which it was demised and shall give
notice in writing one; month before the expiration of said term or
determination of said will to the tenant or to the person actually in
possession of the premises to remove from the same at the end of
said term, and if the said tenant or person in actual possession shall
refuse to comply therewith the lessor, his heirs, executors, adminis-
trators or assigns may make complaint thereof in writing to any justice
of the peace of the county or city wherein such real estate is situate.

The complaint may be signed by counsel. Sufficiency of notice to quit; it
may be signed by landlord's agent; ratification by landlord. Benton v. Stokes,
109 Md. 120. See also, Cook v. Creswell, 44 Md. 596.

Notice to quit addressed to husband instead of wife; sufficiency of service
of notice. Cook v. Creswell, 44 Md, 596.

What the complaint must state. Burrell v. Lamm, 67 Md. 582.
See sec. 6.

As to the action of ejectment between landlord and tenant, see art, 75,
sec. 73.

As to the right of entry and action by a purchaser of property where rent
is in arrears at the time of such purchase, see art. 16, sec. 221.

As to the procedure upon the allowance of a certiorari for the removal of
proceedings between landlord and tenant before a justice of the peace, see
art. 75, sec. 57.

Ibid. sec. 2. 1888, art. 53. sec. 2. 1860, art. 53, sec. 3. 1809, ch. 355.

2. The said justice shall forthwith issue his summons to the tenant
or person in possession that he be and appear on a day in said sum-
mons mentioned before said justice to show cause (if any he have) why
restitution of the possession of the said estate so demised should not be
forthwith made to such lessor, his heirs, executors, administrators or
assigns.

On the landlord's appeal, the appellate court has no jurisdiction unless
the tenant is summoned. Mears v. Hemare, 33 Md. 246.

Ibid. sec. 3. 1888, art. 53, sec. 3. 1882, ch. 355.

3. Upon the failure of either of the parties to appear before him on
the day in such summons mentioned the said justice shall continue the
case to a day not less than six nor more than ten days after said day
so first named and notify the parties of such continuance.

Ibid. sec. 4. 1888, art. 53, sec. 4. 1860, art. 53, sec. 4. 1882, ch. 355.
1886, ch. 470. 1890, ch. 626.

4. If upon hearing the said parties, or in case the tenant or person
in possession shall neglect to appear after the summons and continu-
ance as aforesaid, proof thereof being made, it shall appear to the
justice and be by him so found that the said lessor had been in posses-
sion of the said premises so leased or demised, that the said lease or

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1303   View pdf image (33K)
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