HARRY HUGHES, Governor

1145

(Senate Bill 302)

AN ACT concerning

Ground Rent - Ejectment

FOR the purpose of clarifying that ground rent ejectment
procedures are not summary ejectments within District
Court jurisdiction, but are within the jurisdiction of
the circuit courts.

BY repealing and reenacting, with amendments,

Article - Real Property
Section 8-402(c)
Annotated Code of Maryland
(1974 Volume and 1980 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be repealed, amended, or enacted to read as follows: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.

(c) (1) In all cases between landlord and tenant,
where one-half year's GROUND rent shall be in arrear and the
landlord has the lawful right to reenter for the nonpayment
thereof, the landlord may, without any formal demand or
reentry, serve a copy of a declaration in ejectment for the
recovery of the property; if the declaration cannot be
legally served, or no tenant be in actual possession of the
property, then he shall affix it upon the door of any
demised messuage, or if the action of ejectment shall not be
for the recovery of any messuage, then upon some notorious
place of the property described in the declaration in
ejectment; such affixing shall be deemed legal service
thereof, which service or affixing of such declaration in
ejectment shall stand in the place and stead of a demand and
reentry.

(2)  If the CIRCUIT court AS DEFINED IN SECTION
1-101(B) OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE
shall enter a verdict for the landlord, he shall have
judgment and execution in the same manner as if the GROUND
rent in arrear had been legally demanded and a reentry made.

(3)  If the tenant or other person claiming or
deriving under the lease, shall permit a judgment to be
rendered against him, and execution to be executed thereon,
without paying the GROUND rent and arrears, together with
full costs, and without proceeding for relief in equity
within six calendar months after the execution, the tenant
and all other persons claiming and deriving under the said