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Session Laws, 1974
Volume 713, Page 2225   View pdf image
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MARVIN MANDEL, Governor                                2225

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 8-401 of Article - Real Property,
of the Annotated Code of Maryland (As enacted by Chapter
12 (S.B. 200) of the 1974 Regular Session of the General
Assembly) be and it is hereby repealed and re—enacted,
with amendments, to read as follows:

Article — Real Property
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 [,] [[.
PHYSICAL EVIDENCE OF THE METHODS USED TO NOTIFY THE
TENANT THE RENT IS DUE AND PAYABLE;]] 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. [[A COPY OF A LETTER ADDRESSED TO THE
TENANT AT THE TENANT'S LAST KNOWN ADDRESS STATING THE
AMOUNT OF RENT DUE AND THE DATE THE AFOREMENTIONED RENT
WAS DUE SHALL BE ACCEPTABLE FOR THE PURPOSES OF THIS
SECTION.]] 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
[[IN ACCORDANCE WITH RULE 104(B)(2) OF THE MARYLAND RULES
OF PROCEDURE]] to appear before the District Court at the
trial to be held on the [second] [[TENTH]] FIFTH day
[except that in Baltimore City the trial shall be held on
the fifth day] after the filing of the complaint, TO
ANSWER THE LANDLORD'S 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

 

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Session Laws, 1974
Volume 713, Page 2225   View pdf image
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