clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1978
Volume 736, Page 1603   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

BLAIR LEE III, Acting Governor

1603

MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article — Real Property

8-401.

(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 CONSTABLE OR SHERIFF 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 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 CONSTABLE
OR SHERIFF 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 CONSTABLE OR SHERIFF 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]. THE AFFIXING OF THE SUMMONS
UPON THE PROPERTY AFTER DUE NOTIFICATION TO THE TENANT,
ASSIGNEE, OR SUBTENANT BY FIRST-CLASS MAIL SHALL
CONCLUSIVELY BE PRESUMED TO BE A SUFFICIENT SERVICE TO ALL
PERSONS TO SUPPORT THE ENTRY OF A DEFAULT JUDGMENT FOR
POSSESSION OF THE PREMISES IN FAVOR OF THE LANDLORD, BUT IT
SHALL NOT BE SUFFICIENT SERVICE TO SUPPORT A DEFAULT
JUDGMENT IN FAVOR OF THE LANDLORD FOR THE AMOUNT OF RENT DUE
AND COSTS.

(c)    (1) If, at the trial on the fifth day indicated
in subsection (b) of this section, the Court is satisfied
that the interests of justice will be better served by an
adjournment to enable either party to procure his necessary
witnesses, he may adjourn the trial for a period not
exceeding one day, except that if the consent of all parties
is obtained, the trial may be adjourned for a longer period
of time.

(2) If, when the trial occurs, it appears to
the satisfaction of the Court, that the rent, or any part of

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1978
Volume 736, Page 1603   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives