Ch. 2                                 MARVIN MANDEL, Governor                                    11

(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 § 8-402(a)(3) (whichever is later) until the tenant vacates the premises;
provided, however, 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 section may be
brought by suit separate from the eviction or removal proceeding or in the same
action and in any court having jurisdiction over the amount in issue.

(b)(4) The provisions of § 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]
SUBPARAGRAPH (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 construed as preventing the parties, by agreement in writing, from substituting a
longer or shorter notice to quit than heretofore required 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) When the tenant shall give notice by parole to the landlord or to his agent
or representatives, at least one month before the expiration 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 representative shall prove the notice from the
tenant by competent testimony, it shall not be necessary for the landlord, his agent
or representative to provide 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] SUBPARAGRAPH (5) shall not
apply in Baltimore City.

9-112.

(c) Every person who has furnished labor or material in the prosecution of the
work provided for in such contract, in respect of which a payment bond is
furnished under this section and who has not been paid in full therefor before the
expiration of a period of ninety days after the day on which the last of the labor
was done or performed by him or material was furnished or supplied by him for
which such claim is made, shall have the right to sue on the payment bond for the
amount, or the balance thereof, unpaid at the time of institution of such suit and
to prosecute said action to final judgment and execution for the sum or sums justly
due him; provided, however, than any person having direct contractual relationship
with a subcontractor of the contractor, or with any [subcontractor]
SUB-SUBCONTRACTOR of the contractor but no contractual relationship
express or implied with the contractor furnishing said payment bond, shall have a
right of action upon the payment bond upon giving written notice to the contractor
within ninety (90) days from the date on which such person did, or performed the
last of the labor or furnished or supplied the last of the material for which such
claim is made, stating with substantial accuracy the amount claimed and the name
of the party to whom the material was furnished or supplied or for whom the labor
was done or performed. Such notice shall be served by mailing the same by