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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1921   View pdf image (33K)
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LANDLORD AND TENANT. 1921

tors, 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,
administrators 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.

If a justice of the peace has jurisdiction over proceedings for restitution, of
leased property, circuit court has jurisdiction on appeal and no appeal lies to court
of appeals. Who signs notice to quit where property has been sold; evidence of
signature. Sufficiency of complaint. Walker v. Kirwan, 137 Md. 140. And see
Christopher v. Sisk, 133 Md. 51.

On appeal to court of appeals from action of circuit court on appeal from a
justice of the peace in a case instituted under this section, the only question open
for determination is whether circuit court had jurisdiction; appeal dismissed. Mat-
thews v. Whiteford, 119 Md. 123.

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.

As to the action of ejection between landlord and tenant, see art. 75, sec. 78.

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. 236.

As to procedure upon the allowance of a, certiorari for removal of proceedings be-
tween landlord and tenant before a justice of the peace, see art. 75, sec. 61.

See sec. 7.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 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 summons
mentioned before said justice to show cause (if any he have) why restitu-
tion 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. Remare, 33 Md. 246.

An. Code, sec. 3. 1904, sec. 3. 1888, 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.

An. Code, sec. 4. 1904, sec. 4. 1888, 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 continuance 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 possession of the
said premises so leased or demised, that the said lease or estate is fully
ended and expired, that due notice to quit as aforesaid had been given to
said tenant or person in possession and that he had refused so to do, the
justice shall thereupon give judgment for the restitution of the possession

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1921   View pdf image (33K)
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