4312

LAWS OF MARYLAND

Ch. 786

Article - Real Property

8-402.

(b) (1) (I) Where any interest in property shall be
leased for any definite term or at will, and the landlord
shall desire to repossess the property after the expiration
of the term for which it was leased and shall give notice in
writing one month before the expiration of the term or
determination of the will to the tenant or to the person
actually in possession of the property to remove from the
property at the end of the term, and if the tenant or person
in actual possession shall refuse to comply, the landlord
may make complaint in writing to the District Court of the
county where the property is located.

(II)  [The court shall issue its summons to
the tenant or person in possession that he appear on a day
stated in the summons before the court to show cause (if any
he have) why restitution of the possession of the estate
leased should not be made to the landlord.] THE COURT SHALL
ISSUE A SUMMONS DIRECTED TO ANY CONSTABLE OR SHERIFF OF THE
COUNTY ENTITLED TO SERVE PROCESS, ORDERING THE CONSTABLE OR
SHERIFF TO NOTIFY THE TENANT, ASSIGNEE, OR SUBTENANT TO
APPEAR ON A DAY STATED IN THE SUMMONS BEFORE THE COURT TO
SHOW CAUSE WHY RESTITUTION SHOULD NOT BE MADE TO THE
LANDLORD. THE CONSTABLE OR SHERIFF SHALL SERVE THE SUMMONS
ON THE TENANT, ASSIGNEE, OR SUBTENANT ON THE PROPERTY, OR ON
THE KNOWN OR AUTHORIZED AGENT OF THE TENANT, ASSIGNEE, OR
SUBTENANT. IF, FOR ANY REASON THOSE PERSONS CANNOT BE
FOUND, THE CONSTABLE OR SHERIFF SHALL AFFIX AN ATTESTED COPY
OF THE SUMMONS CONSPICUOUSLY ON THE PROPERTY. AFTER NOTICE
TO THE TENANT, ASSIGNEE, OR SUBTENANT BY FIRST-CLASS MAIL,
THE AFFIXING OF THE SUMMONS ON THE PROPERTY SHALL BE
CONCLUSIVELY PRESUMED TO BE A SUFFICIENT SERVICE TO SUPPORT
RESTITUTION.

(III)  Upon the failure of either of the
parties to appear before the court on the day stated in the
summons, the court may continue the case to a day not less
than six nor more than ten days after the day first stated
and notify the parties of the continuance.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved June 1, 1982.

CHAPTER 787
(Senate Bill 143)