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Session Laws, 1972
Volume 708, Page 1055   View pdf image
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Marvin Mandel, Governor                       1055

8-328. Assignment of leases; liability of assignee.

(a)    In case a tenant has assigned a lease for more than three
months to an assignee, the assignee shall be liable to distress for any
goods on the leased premises as though originally named in the
lease as tenant.

(b)    Any goods of the assignee on the leased premises shall be
subjected to the landlord's distress claim to the same extent as
though the assignee was originally a tenant. Such liability of goods
shall exist regardless of whether the assignment was oral or in
writing and regardless of the terms set out in the assignment.
The obligation of the assignee of the lease for personal liability
shall be restricted to the terms and agreements contained in the
assignment of lease. The exercise of any right herein of the land-
lord against the assignee shall not bar any rights the landlord may
have against the assignor.

8-329. Service of process.

Service of all process by the court following service of the original
petition in distress may be made by ordinary mail. All parties and
claimants are charged with notice of each step of the proceedings
and shall be bound thereby. A claim of nonreceipt of a notice mailed
to a party or claimant shall not affect the validity of the order or
notice so given by ordinary mail.

8-330. Stay when notice not received.

If the court finds that any notice required under this subtitle to be
sent by mail has not been actually received by the person to whom the
notice was addressed and that injustice will result therefrom, the
court shall order a stay of further proceedings until it is satisfied
that such person has had an opportunity to protect his interests.

8-331. Right to appeal; time for taking; trial; stays.

(a)    From any final ORDER or judgment in an action of distress,
any aggrieved party shall have the right to appeal to the Baltimore
City Court or to the circuit court for the county, as the case may be.
The appeal shall be taken within fourteen days from the date of the
order or judgment.

(b)    On appeal the case shall be tried de novo by the court to which
appealed. Upon the application of any party to the action for a
prompt hearing of the appeal it shall be set for trial as soon as
possible. Any party shall have the right to a jury trial of the appeal
upon application therefor in accordance with the rules for such
cases adopted by the appellate court.

(c)    An appeal shall not stay or prevent a subsequent distress
for rent falling due after the original petition for distress. How-
ever, the court shall have power to order a stay of all further
proceedings; including those for subsequent rent, upon filing of an
adequate appeal bond by the tenant, the principal amount of which
shall be within the discretion of the court.

(d)    An appeal shall not stay execution of a judgment or order
unless an approved appeal bond be filed.


 

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Session Laws, 1972
Volume 708, Page 1055   View pdf image
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