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Session Laws, 1971
Volume 707, Page 1472   View pdf image
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1472                                Laws of Maryland                        [Ch. 687

SUMPTION THAT A PERIOD IN EXCESS OF THIRTY (30)
DAYS FROM RECEIPT OF THE NOTIFICATION BY THE
LANDLORD IS UNREASONABLE; and

(2)    Payment by the tenant into court of the amount of rent called
for under the lease, unless or until such amount is modified by
subsequent order of the court under subsection (f) (4), below.

(3)    THE TENANT HAS NOT RECEIVED MORE THAN
FIVE (5) SUMMONS CONTAINING COPIES OF COMPLAINTS
FILED BY THE LANDLORD AGAINST THE TENANT FOR
RENT DUE AND UNPAID IN THE YEAR IMMEDIATELY
PRIOR TO THE INITIATION OF THE ACTION BY THE
TENANT OR BY THE LANDLORD. IF THE TENANT HAS
LIVED ON THE PREMISES SIX MONTHS OR LESS AND HAS
RECEIVED THREE (3) SUMMONS WITH COPIES OF COM-
PLAINTS FOR RENT DUE AND UNPAID, THE TENANT
SHALL NOT BE ENTITLED TO MAKE AN ASSERTION
AGAINST THE LANDLORD AS DESCRIBED IN SUBSECTION
(B).

(c) (E) It shall be sufficient answer or rejoinder to such a
declaration or defense if the landlord establishes to the satisfaction
of the court that

(1)    The condition or conditions alleged by the tenant do not in
fact exist, or

(2)    such condition or conditions have been removed or remedied,
or

(3)    such condition or conditions have been caused by the tenant
or members of his family or his or their invitees or assignees, or

(4) the tenant has unreasonably refused entry OR UNREASON-
ABLY FAILED TO MAKE ARRANGEMENTS TO BE HOME
FOR THE ENTRY to the landlord or his agent to the premises for
the purpose of correcting such condition or conditions.

(f) The court shall make findings of fact on the issues before it
and shall make any order that the justice of the case may require.
Such an order may include, but is not limited to, any one or more of
the following:

(1)    Termination of the lease or ordering the premises surrendered
to the landlord,

(2)    Ordering all monies already, accumulated in escrow disbursed
to the landlord or to the tenant IN ACCORDANCE WITH SUB-
SECTIONS (F) (4),(F)(5), OR (G),

(3)    Ordering that the escrow be continued until the complained
of condition or conditions be remedied,

(4)    Ordering that the amount of rent, whether paid into the
escrow account or paid to the landlord, be abated as determined by
the court in such an amount as may be equitable to represent the
existence of the condition or conditions found by the court to exist.
In all cases where the court deems that the tenant is entitled to relief
under this Act, the burden shall be heavy upon the landlord to show
cause why there should not be an abatement of the rent.


 

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Session Laws, 1971
Volume 707, Page 1472   View pdf image
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