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BLAIR LEE III, Acting Governor
1643
(Senate Bill 570)
AN ACT concerning
Landlord and Tenant — Breach of Lease
FOR the purpose of providing certain procedure by which a
landlord can evict a tenant for breach of a lease.
BY adding to
Article - Real Property
Section 8-402.1
Annotated Code of Maryland
(1974 Volume and 1977 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article - Real Property
8-402.1.
(A) WHEN A LEASE PROVIDES THAT THE LANDLORD MAY
REPOSSESS THE PREMISES IF THE TENANT BREACHES THE LEASE, AND
THE LANDLORD HAS GIVEN THE TENANT ONE MONTH WRITTEN NOTICE
THAT THE TENANT IS IN VIOLATION OF THE LEASE AND THE
LANDLORD DESIRES TO REPOSSESS THE PREMISES, AND IF THE
TENANT OR PERSON IN ACTUAL POSSESSION REFUSES TO COMPLY, THE
LANDLORD MAY MAKE COMPLAINT IN WRITING TO THE DISTRICT COURT
OF THE COUNTY WHERE THE PREMISES IS LOCATED. THE COURT
SHALL SUMMONS IMMEDIATELY THE TENANT OR PERSON IN POSSESSION
TO APPEAR BEFORE THE COURT ON A DAY STATED IN THE SUMMONS TO
SHOW CAUSE, IF ANY, WHY RESTITUTION OF THE POSSESSION OF THE
LEASED PREMISES SHOULD NOT BE MADE TO THE LANDLORD. IF
EITHER OF THE PARTIES FAILS TO APPEAR BEFORE THE COURT ON
THE DAY STATED IN THE SUMMONS, THE COURT SHALL MAY CONTINUE
THE CASE FOR NOT LESS THAN SIX NOR MORE THAN 10 DAYS AND
NOTIFY THE PARTIES OF THE CONTINUANCE.
(B) IF THE COURT DETERMINES THAT THE TENANT BREACHED
THE TERMS OF THE LEASE AND THAT THE BREACH WAS SUBSTANTIAL
AND WARRANTS AN EVICTION, THE COURT SHALL GIVE JUDGMENT FOR
THE RESTITUTION OF THE POSSESSION OF THE PREMISES AND ISSUE
ITS WARRANT TO THE SHERIFF OR A CONSTABLE COMMANDING HIM TO
DELIVER POSSESSION TO THE LANDLORD IN AS FULL AND AMPLE
MANNER AS THE LANDLORD WAS POSSESSED OF THE SAME AT THE TIME
WHEN THE LEASE WAS ENTERED INTO. THE COURT SHALL GIVE
JUDGMENT FOR COSTS AGAINST THE TENANT OR PERSON IN
POSSESSION. EITHER PARTY MAY APPEAL TO THE CIRCUIT COURT
FOR THE COUNTY, OR THE BALTIMORE CITY COURT WITHIN TEN DAYS
FROM ENTRY OF THE JUDGMENT. IF THE TENANT (1) FILES WITH
THE DISTRICT COURT AN AFFIDAVIT THAT THE APPEAL IS NOT TAKEN
FOR DELAY; (2) FILES SUFFICIENT BOND WITH ONE OR MORE
SECURITIES CONDITIONED UPON DILIGENT PROSECUTION OF THE
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