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Session Laws, 1976
Volume 734, Page 807   View pdf image
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MARVIN MANDEL, Governor

807

(a) On a determination of reasonable probability,
the court promptly shall issue an order directing THAT
all goods on the leased premises not exempted by law
shall be levied on. A copy of the order of levy shall be
served on each tenant on the leased premises. If no
tenant is found on the premises, a copy of the order
shall be affixed in a prominent place on the interior of
the leased premises.

8-402.

(a) (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 holdover).

(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 rent under the lease (apportioned for the
duration of the holdover) or double the rental value of
the premises (apportioned for [such] THAT period),
whichever is higher[; provided, however, that]. HOWEVER,
if the landlord fails specifically to elect the latter
measure when he institutes his action against the tenant,
the measure shall be [doubled] DOUBLE the rent under the
lease.

(iii) The double rent and double rent
value set forth in subparagraphs (i) and (ii) of this
paragraph shall include, and not be in addition to,
apportioned rent for the period of holdover at the rate
under the lease.

(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]. HOWEVER, the damages shall never be less
than the apportioned rent for the period of holdover 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.

10-107.

(a) Every vendor under a land installment contract
shall mail or deliver a statement to the purchaser:

(1) WHEN 40 PERCENT OF THE ORIGINAL CASH
PRICE HAS BEEN PAID; AND

 

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Session Laws, 1976
Volume 734, Page 807   View pdf image
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