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Session Laws, 1972
Volume 708, Page 1060   View pdf image
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1060                             Laws of Maryland                      [Ch. 349

(4)    To what tenancies applicable; time of notices not applicable
in Baltimore City; exception in Montgomery County.

The provisions of Section 8-402(b) shall apply to all cases of
tenancies from year to year, tenancies by the month and by the week.
In case of tenancies from year to year, a notice in writing shall be
given three months before the expiration of the current year of the
tenancy, except that in case of farm tenancies, the notice shall be
given six months before the expiration of the current year of
the
tenancy; and in monthly or weekly tenancies, a notice in writing
of one month or one week, as the case may be, shall be so given;
and the same proceeding shall apply, so far as may be, to cases of
forcible entry and detainer. This subsection (4), so far as it relates
to notices, shall not apply in Baltimore City. Nothing contained
in the laws relating to landlord and tenant contracts shall be con-
strued as preventing the parties, by agreement in writing, from
substituting a longer or shorter notice to quit than heretofore re-
quired or to waive all such notice, provided the property to which
such contract pertains is located in any special taxing area, or
incorporated town of Montgomery County.

(5)    Effect of notice from tenant to landlord of intention to
move; exception as to Baltimore City.

When the tenant shall give notice by parol to the landlord or to
his agent or representatives, at least one month before the expira-
tion of the lease or tenancy in all cases except in cases of tenancies
from year to year, and at least three months' notice in all cases
of tenancy from year to year (except in all cases of farm tenancy,
the notice shall be six months), of the intention of the tenant to
remove at the end of that year and to surrender possession of the
property at that time, and the landlord, his agent, or repre-
sentative shall prove the notice from the tenant by competent
testimony, it shall not be necessary for the landlord, his agent
or representative to prove a written notice to the tenant, but the
proof of such notice from the tenant as aforesaid shall entitle
his landlord to recover possession of the property hereunder. This
subsection (5) shall not apply in Baltimore City.

(c) Ejectment where one-half year's rent is due.

In all cases between landlord and tenant, where one-half year's
rent shall be in arrear and the landlord has the lawful right to
re-enter for the nonpayment thereof, the landlord may, without
any formal demand or re-entry, serve a copy of a declaration in
ejectment for the recovery of the property; if the declaration cannot
be legally served, or no tenant be in actual possession of the
property, then he shall affix it upon the door of any demised mes-
suage, or if the action of ejectment shall not be for the recovery
of any messuage, then upon some notorious place of the property
described in the declaration in ejectment; such affixing shall be
deemed legal service thereof, which service or affixing of such
declaration in ejectment shall stand in the place and stead of a
demand and re-entry. If the court shall enter a verdict for the
landlord, he shall have judgment and execution in the same manner
as if the rent in arrear had been legally demanded and a re-entry
made. If the tenant or other person claiming or deriving under
the lease, shall permit a judgment to be rendered against him,
and execution to be executed thereon, without paying the rent and


 

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Session Laws, 1972
Volume 708, Page 1060   View pdf image
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