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Session Laws, 1972
Volume 708, Page 1058   View pdf image
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1058                               Laws of Maryland                        [Ch. 349

(iii) The double rent and double rent value set forth in sub-
paragraph (i) and (ii) of this paragraph 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 Section 8-402 (a) (3) (which-
ever is later) until the tenant vacates the premises; provided, how-
ever, 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 sec-
tion may be brought by suit separate from the eviction or removal
proceeding or in the same action and in any court having jurisdic-
tion over the amount in issue.

(3) The provisions of this section shall be inapplicable 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 con-
tain 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.

(It) Nonexclusive remedy.

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 Section 8-402 (a) (3) be construed as an election of remedies
by the landlord if the notice is given prior to the end of the lease
term.

(b) Notice to Quit.

(1) Notice to remove; complaint to district court DISTRICT
COURT; procedure.

Where any interest in property shall be leased for any definite
term or at will, and the landlord shall desire to repossess the prop-
erty after the expiration of the term for which it was leased
and shall give notice in writing one month before the expiration of
the term or determination of said will to the tenant or to the person
actually in possession of the property to remove from the property
at the end of the term, and if the tenant or person in actual pos-
session shall refuse to comply therewith, the landlord may make
complaint thereof in writing to the District Court of the county
where the property is located. The court shall forthwith issue its
summons to the tenant or person in possession that he be and
appear on a day stated in the summons before the court to show
cause (if any he have) why restitution of the possession of the
said estate so leased should not be forthwith made to the landlord.
Upon the failure of either of the parties to appear before the court
on the day stated in the summons, the court shall continue the case
to a day not less than six nor more than ten days after said day so
first stated and notify the parties of such continuance.


 

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Session Laws, 1972
Volume 708, Page 1058   View pdf image
 Jump to  
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