Marvin Mandel, Governor                       1057

(d)    Removal of tenant for noncompliance with judgment in
favor of landlord.

If judgment is given in favor of the landlord, and the tenant
fails to comply with the requirements of the order within two days,
the court shall, at any time after the expiration of the two days,
issue its warrant, directed to any official of the county entitled to
serve process, ordering him to cause the landlord to have again
and repossess the property by putting him (or his duly qualified
agent or attorney for his benefit) in possession thereof, and for
that purpose to remove from the property, by force if necessary,
all the furniture, implements, tools, goods, effects or other chattels
of every description whatsoever belonging to the tenant, or to any
person claiming or holding by under said tenant.

(e)    Appeal by tenant.

The tenant may appeal from the judgment of the District Court
to the circuit court for any county or the Baltimore City court,
as the case may be, at any time within two days from the rendition
of the judgment; the tenant in order to stay any execution of the
judgment, shall give a bond to the landlord with one or more
sureties, who are owners of sufficient property in the State of Mary-
land, with condition to prosecute the appeal with effect, and answer
to the landlord in all costs and damages mentioned in the judgment,
and such other damages as shall be incurred and sustained by reason
of the appeal; the bond shall not affect in any manner the right of the
landlord to proceed against the tenant, assignee or subtenant for any
and all rents that may become due and payable to the landlord
after the rendition of the judgment.

8-402. Holding Over,
(a) Damages.

(1)    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.

(2)    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 (ap-
portioned 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 measure 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.