LANDLORD AND TENANT 2261

An. Code, 1924, sec. 8. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1845, ch. 209, sec. 2.

8. When the tenant shall give notice by parol to the landlord or to his
agent or representatives, at least one month before the expiration of the
lease or tenancy in all cases except in cases of tenancies from year to year,
and at least six months' notice in all cases of tenancy from year to year in
the counties, of the intention of such tenant to remove at the end of that
year and to surrender possession of the tenement at that time, and the
landlord, his agent or representative shall prove said notice from the tenant
by legal and competent testimony, it shall not be necessary for the said
landlord, his agent or representative to prove a written notice to the tenant,
but the proof of such notice from the tenant as aforesaid shall entitle his
landlord to recover possession of said tenement under the provisions of this
article. This section shall not apply to Baltimore City.

Secs. 1-8 referred to in construing art. 66, secs. 20 and 21. Smith v. Pritchett, 168
Md. 351.

Distress for Rent.

An. Code, 1924, sec. 9. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1834, ch. 192, sec. 1.
1842, ch. 208, sec. 1. 1904, ch. 575.

9. Every landlord, or his agent, who may be authorized to distrain for
rent due him, shall, previous to making such distress, make oath before
any officer of the county or State where the landlord or agent may reside,
who is qualified by law to administer oaths or affidavits, or in case said
landlord or his agent reside beyond the State of Maryland, such oath may
be taken before any officer qualified to administer an oath in the State or
district where the said landlord or his agent may reside, that his tenant is
justly and bona fide indebted to him in the sum of ———— dollars and
———— cents, specifying the amount which the said landlord may claim
to be due him in dollars and cents, where the distress is for a certain money
rent, or that he is justly and bona fide entitled to the quantity and propor-
tion of the produce claimed by the said landlord, when the distress is for
grain or produce, for rent in arrear and already due him, the said landlord;
and that he, the said landlord, has not received, directly or indirectly, any
part or parcel of said rent claimed to be due and in arrear, except, how-
ever, the credits, given to the best of his knowledge and belief, and any
distraint warrant made and sworn to as aforesaid by any agent of any
landlord, directed to any constable, sheriff or bailiff, shall be as valid and
effectual to all intents and purposes as if made and executed by the land-
lord himself or in person.

When landlord may distrain.

Where a note is given for the rent, landlord may distrain if it is not paid at maturity.
Giles v. Ebsworth, 10 Md. 344.

Since a landlord in absence of covenant to repair is not bound to repair, he may
distrain for rent retained by tenant for repairs. Bonaparte v. Thayer, 95 Md. 548.

Landlord may distrain for rent in arrears during the term, after death of tenant
and before administration granted. Keller v. Weber, 27 Md. 661.

Where agreement of rental does not state when tenancy expires, when rent accrues
nor whether rent was for past or future occupation, the terms thereof are too vague
to authorize distress. Distress as applicable when tenant is to make certain improve-
ments in lieu of rent. Surrender of premises. Dailey v. Grimes, 27 Md. 450.

No demand is necessary before distress. Offutt v. Trail, 4 H. & J. 20.

Regularity of proceedings.

If person signing the warrant is in fact landlord's agent, warrant is valid though
agent does not sign as such. The landlord's subsequent ratification makes distress valid
though it was originally unauthorized. Jean v. Spurrier, 35 Md. 110.