1608                             Laws of Maryland                      [Ch. 745

CHAPTER 745
(House Bill 1245)

AN ACT to repeal and re-enact, with amendments, Section 39-0 of
Article 53 of the Annotated Code of Maryland (1968 Replacement
Volume and 1970 Supplement), title "Landlord and Tenant," sub-
title "Distress for Rent," subheading "Landlord Complaint Pro-
cedure," to require that a tenant be notified fey personal service
BY FIRST CLASS MAIL IN ADDITION TO SERVICE BY
CONSTABLE if a complaint has been filed against him by his
landlord for rent due or if the landlord desires to repossess his
premises; to eliminate the provision allowing a constable to affix
a copy of the complaint summons on the premises where the tenant
resides if the tenant cannot be found; and changing obsolete ref-
erences to justices of the peace therein.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 39-0 of Article 53 of the Annotated Code of Maryland
(1968 Replacement Volume and 1970 Supplement), title "Landlord
and Tenant," subtitle "Distress for Rent," subheading "Landlord
Complaint Procedure," be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

39-O.

Whenever any lessor shall desire to have again and repossess any
premises to which he is entitled under the provisions of Section 39N,
he or his duly qualified agent or attorney, shall make his written
complaint under oath or affirmation, before any [justice of the
peace] district court judge of the county or city wherein such prop-
erty is situated, and describing therein in general terms the prop-
erty sought to be had again and repossessed as aforesaid, and also
setting forth the name of the tenant to whom the same PROPERTY
is rented, or his assignee or undertenant or tenants, with the amount
of rent thereon due and unpaid; and praying by warrant to have
again and repossess the premises, together with judgment for the
amount of rent due and costs; and it shall thereupon be the duty of
said THE [justice of the peace] district court judge forthwith to
issue his summons, directed to any constable of the county or city
wherein such complaint has been filed, and ordering him to notify
by personal service FIRST CLASS MAIL said THE tenant, assignee
or undertenant forthwith to appear before the said THE [justice of
the peace] district court judge, at the trial to be held on the second day
except that in Baltimore City the trial shall be held on the fifth day
after the filing of said THE complaint, to show cause why the prayer
of said THE lessor should not be granted as aforesaid, and the said
THE constable shall forthwith proceed to serve said THE summons
upon said THE tenant, assignee or undertenant in said THE premises,
or upon his or their known or authorized agent. [, but if for any rea-
son, neither said THE tenant, assignee or undertenant, nor his or their
agent can be found, then said THE constable shall affix an attested
copy of said THE summons conspicuously upon said THE premises,
and such affixing of said THE summons shall, for the purposes of
this subtitle, be deemed and construed a sufficient service upon all
persons whomsoever, IF, IN ADDITION, THE TENANT, AS-
SIGNEE OR UNDERTENANT HAS ALSO BEEN NOTIFIED
BY FIRST CLASS MAIL.