Ch. 490                             MARVIN MANDEL, Governor                                1099

Tenant," subtitle "Landlords' Remedies Other than Distraint," be and it is hereby
repealed and re-enacted, with amendments, to read as follows:

8-401.

(a)  Whenever the tenant under any lease of property, express or implied, verbal
or written, shall fail to pay the rent when due and payable, it shall be lawful for
the landlord to have again and repossess the premises so rented.

(b)  Whenever any landlord shall desire to have again and repossess any premises
to which he is entitled under the provisions of 8-401 (a), he or his duly qualified
agent or attorney, shall make his written complaint under oath or affirmation,
before the District Court of the county wherein the property is situated, describing
in general terms the property sought to be had again and repossessed, and also
setting forth the name of the tenant to whom the property is rented, or his assignee
or subtenant with the amount of rent thereon due and unpaid; and praying by
warrant to have again and repossess the premises, together with judgment for the
amount of rent due and costs. The District Court forthwith shall issue its
summons, directed to any official of the county entitled to serve process, and
ordering him to notify by first class mail the tenant, assignee, or subtenant
forthwith to appear before the District Court at the trial to be held on the second
day except that in Baltimore City the trial shall be held on the fifth day after the
filing of the complaint, to show cause why the prayer of the landlord should not be
granted, and the official shall forthwith proceed to serve the summons upon the
tenant, assignee or subtenant in the property or upon his known or authorized
agent, but if for any reason, neither the tenant, assignee or subtenant, nor his
agent, can be found, then the official shall affix an attested copy of the summons
conspicuously upon the property, and the affixing of the summons, for purposes of
this section shall be conclusively presumed to be a sufficient service upon all
persons whatsoever, if in addition, the tenant, assignee, or subtenant has also been
notified by first class mail.

(c)   If at the trial on the second day aforesaid, the District Court judge is
satisfied the interests of justice will be better served by an adjournment to enable
either party to procure his necessary witnesses, it may adjourn the trial for a
period not exceeding one day, except by consent of all parties, and if at the trial or
due adjournment thereof, it appears to the satisfaction of the court before whom
the complaint has been made and tried, that the rent or any part of the rent for the
property is actually due and unpaid, the court shall give judgment in favor of the
landlord for the amount of rent found due, with costs of suit, and shall order that
the tenant and all persons claiming or holding by or under the tenant shall yield
and render up possession of said premises unto the landlord, or his duly qualified
agent or attorney, within two days thereafter; if, however, the tenant, or someone
for him, at the trial or due adjournment thereof, tender the rent found to be due
and unpaid, together with the costs of the suit, the complaint shall be entered
satisfied and no further proceeding shall be had thereunder.

(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.