2984

LAWS OF MARYLAND

Ch. 843

EXPIRED, THAT DUE NOTICE TO QUIT AS AFORESAID HAD BEEN GIVEN
TO THE RESIDENT OR PERSON IN POSSESSION AND THAT HE HAD
REFUSED SO TO DO, THE COURT SHALL THEREUPON GIVE JUDGMENT
FOR THE RESTITUTION OF THE POSSESSION OF SAID PREMISES AND
SHALL FORTHWITH ISSUE ITS WARRANT TO THE SHERIFF OR A
CONSTABLE IN THE RESPECTIVE COUNTIES COMMANDING HIM
FORTHWITH TO DELIVER TO THE PARK OWNER POSSESSION THEREOF IN
AS FULL AND AMPLE MANNER AS THE PARK OWNER WAS POSSESSED OF
THE SAME AT THE TIME WHEN THE LEASING WAS MADE, AND SHALL
GIVE JUDGMENT FOR COSTS AGAINST THE RESIDENT OR PERSON IN
POSSESSION SO HOLDING OVER. EITHER PARTY SHALL HAVE THE
RIGHT TO APPEAL THEREFROM TO THE CIRCUIT COURT FOR THE
COUNTY, OR THE BALTIMORE CITY COURT WITHIN TEN DAYS FROM THE
JUDGMENT. IF THE TENANT RESIDENT APPEALS AND FILES WITH THE
DISTRICT COURT AN AFFIDAVIT THAT THE APPEAL IS NOT TAKEN FOR
DELAY, AND ALSO A GOOD AND SUFFICIENT BOND WITH ONE OR MORE
SECURITIES CONDITIONED THAT HE WILL PROSECUTE THE APPEAL
WITH EFFECT AND WELL AND TRULY PAY ALL RENT IN ARREAR AND
ALL COSTS IN THE CASE BEFORE THE DISTRICT COURT AND IN THE
APPELLATE COURT AND ALL LOSS OR DAMAGE WHICH THE PARK OWNER
MAY SUFFER BY REASON OF THE RESIDENT'S HOLDING OVER,
INCLUDING THE VALUE OF THE PREMISES DURING THE TIME HE SHALL
SO HOLD OVER, THEN THE RESIDENT OR PERSON IN POSSESSION OF
SAID PREMISES MAY RETAIN POSSESSION THEREOF UNTIL THE
DETERMINATION OF SAID APPEAL. THE APPELLATE COURT SHALL,
UPON APPLICATION OF EITHER PARTY, SET A DAY FOR THE HEARING
OF THE APPEAL, NOT LESS THAN 5 NOR MORE THAN 15 DAYS AFTER
THE APPLICATION, AND NOTICE FOR THE ORDER FOR A HEARING
SHALL BE SERVED ON THE OPPOSITE PARTY OR HIS COUNSEL AT
LEAST 5 DAYS BEFORE THE HEARING. IF THE JUDGMENT OF THE
DISTRICT COURT SHALL BE IN FAVOR OF THE PARK OWNER, A
WARRANT SHALL BE ISSUED BY THE APPELLATE COURT TO THE
SHERIFF, WHO SHALL PROCEED FORTHWITH TO EXECUTE THE WARRANT.

(3)  THE PROVISIONS OF SUBSECTION (B) OF THIS
SECTION SHALL APPLY TO ALL CASES OF TENANCIES FROM YEAR TO
YEAR, TENANCIES OF THE MONTH AND BY THE WEEK. IN CASE OF
TENANCIES FROM YEAR TO YEAR, NOTICE IN WRITING SHALL BE
GIVEN 3 MONTHS BEFORE THE EXPIRATION OF THE CURRENT YEAR OF
THE TENANCY, AND IN MONTHLY OR WEEKLY TENANCIES, A NOTICE IN
WRITING OF 1 MONTH, SHALL BE SO GIVEN; AND THE SAME
PROCEEDING SHALL APPLY, SO FAR AS MAY BE, TO CASES OF
FORCIBLE ENTRY AND DETAINER.

(4)  WHEN THE RESIDENT SHALL GIVE NOTICE BY
PAROLE TO THE PARK OWNER OR TO HIS AGENT OR REPRESENTATIVES,
AT LEAST 1 MONTH BEFORE THE EXPIRATION OF THE LEASE OR
TENANCY IN ALL CASES EXCEPT IN CASES OF TENANCIES FROM YEAR
TO YEAR, AND AT LEAST 3 MONTHS' NOTICE IN ALL CASES OF
TENANCY FROM YEAR TO YEAR, 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 PARK OWNER, HIS AGENT,
OR REPRESENTATIVE SHALL PROVE THE NOTICE FROM THE RESIDENT
BY COMPETENT TESTIMONY, IT SHALL NOT BE NECESSARY FOR THE
PARK OWNER, HIS AGENT OR REPRESENTATIVE TO PROVIDE A WRITTEN
NOTICE TO THE RESIDENT, BUT THE PROOF OF SUCH NOTICE FROM
THE RESIDENT AS AFORESAID SHALL ENTITLE THE PARK OWNER TO
RECOVER POSSESSION OF THE PROPERTY HEREUNDER.