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Session Laws, 1973
Volume 709, Page 10   View pdf image
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10                                         LAWS OF MARYLAND                                   Ch. 2

of trust as to the property of the petitioner.

8-317.

Notice of sale of goods under an action of distress shall be given in a newspaper
or newspapers published at [lease] LEAST once weekly and having general
circulation within the jurisdiction of the court. The notice shall be published at
least one time or for such additional number of times as the court may designate.
If there is no newspaper meeting the requirements of this section, notice may be
made by posting it on the door of the courthouse. The notice of sale shall be
published or posted at least seven days in advance of the date of the sale and the
sale shall be held not more than 28 days after notice of sale. The notice shall
contain the time and location of the sale.

8-323.

(d) When the court shall declare a lease terminated under subsection (a) of this
section, the court shall have power on application of the plaintiff to issue its order
or judgment of restitution of the premises and shall issue its warrant to the officer
commanding him forthwith to deliver to the plaintiff, his heirs, personal
representatives and assigns, possession thereof in full and ample manner as set
forth in [§ 4-402(b)] § 8-402(B) of this article in cases of tenants holding over. The
costs of this action shall be the same as in the case of a tenant holding over.

8-401.

(d) 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 OR under said tenant.

8-402.

(a)(l) 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 [subsection] PARAGRAPHS unless the lease provides some other
measure of damages.

(2)(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 (apportioned for the duration of the hold-over).

(ii) Where the leased premises are used by the tenant or someone holding under
him primarily for nonresidential purposes, the measure of damages shall be double
the render 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
doubled the rent under the lease.

(iii) The double rent and double rent value set forth in [subparagraph]
SUBPARAGRAPHS (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.

 

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Session Laws, 1973
Volume 709, Page 10   View pdf image
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