Marvin Mandel, Governor                        1369

Sec. 7. And be it further enacted, That new Section 8A be and
it is hereby added to Article 53 of said Code (1968 Replacement
Volume), title "Landlord and Tenant," subtitle "Tenants Holding
Over," to follow immediately after Section 8 thereof, and to read
as follows:

8A.

(a)   General rule. If a tenant under any lease shall unlawfully
hold over beyond the termination of the lease, he shall be liable in
damages to the landlord as set out in the following subsections unless
the lease provides some other measure of damages.

(b)  Measure, of damages; actions, (i) Where the leased premises
are used by the tenant primarily as the residence of the tenant, his
family or someone holding under them, then the measure of damages
shall be the landlord's actual damages, but not exceeding double the
rent under the lease, apportioned for the duration of the hold-over.

(ii) Where the leased premises are used by the tenant or someone
holding under him primarily for non-residential purposes, the meas-
ure of damages shall be double the rent under the lease, apportioned
for the duration of the hold-over, or double the rental value of the
premises, apportioned for such period, whichever is higher; provided,
however, that if the landlord fails specifically to elect the latter
measure when he institutes his action against the tenant, the measure
shall be double the rent under the lease.

(iii) The double rent and double rent value set forth in subsec-
tions (a) and (b) of this section shall include, and not be in addition
to, apportioned rent for the period of hold-over at the rate under the
lease.

(iv) Damages in excess of the rental rate specified in the lease shall
accrue only from the end of the term or thirty (30) days after the
delivery of the notice referred to in subsection (c), whichever is
later, until the tenant vacates the premises; provided, however, that
the damages shall never be less than the apportioned rent for the
period of hold-over at the rent rate under the lease.

(v) Any action to recover the damages referred to in this section
may be brought by suit separate from the eviction or removal pro-
ceeding or in the same action and in any court having jurisdiction
over THE PROPERTY AND the amount in issue.

(c)   The provisions of subsection (b) of this section shall be in-
applicable unless the landlord gives the tenant notice in writing
stating that the tenant may be liable for double the rent under the
lease or double the rental value, if the latter be applicable; said
notice may contain other information. The notice provisions of this
section may not be waived by lease provision or otherwise. The notice
may be given at any time before or after the termination of the lease
but not more than 100 days before the termination of the lease.

(d)  Nothing contained herein is intended to limit any other
remedies which a landlord may have against a hold-over tenant
under the lease or under applicable law. Nor shall a notice given to
a tenant under subsection (c) of this section be construed as an
election of remedies by the landlord if the notice is given prior to
the end of the lease term.