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ROBERT L. EHRLICH, JR., Governor Ch. 502
(I) THE TENANT SHALL RETAIN ALL RIGHTS AND DEFENSES
OTHERWISE AVAILABLE IN A PROCEEDING BETWEEN A TENANT AND A LANDLORD
UNDER THIS SECTION; AND .
(II) DAMAGES MAY ONLY BE AWARDED TO THE SURETY TO THE
EXTENT THAT THE TENANT WOULD HAVE BEEN LIABLE TO THE LANDLORD UNDER
THIS SECTION.
(10) (11) (I) IF A LANDLORD'S INTEREST IN THE LEASED PREMISES IS
SOLD OR TRANSFERRED, THE NEW LANDLORD SHALL ACCEPT THE TENANT'S SURETY
BOND AND MAY NOT REQUIRE:
1. DURING THE CURRENT LEASE TERM, AN ADDITIONAL
SECURITY DEPOSIT FROM THE TENANT; OR
2. AT ANY LEASE RENEWAL, A SURETY BOND AND OR A
SECURITY DEPOSIT FROM THE TENANT THAT, IN ADDITION TO ANY EXISTING
SURETY BOND OR SECURITY DEPOSIT, IS IN THE AN AGGREGATE AMOUNT, IS
AMOUNT IN EXCESS OF TWO MONTHS' RENT PER DWELLING UNIT.
(II) IF THE AGGREGATE AMOUNT DESCRIBED IN SUBPARAGRAPH
(I)2 OF THIS PARAGRAPH IS IN EXCESS OF TWO MONTHS' RENT, THE TENANT MAY
RECOVER UP TO THREE TIMES THE EXTRA AMOUNT CHARGED, PLUS REASONABLE
ATTORNEY'S FEES.
(11) (12) (I) IF A LANDLORD FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SUBSECTION, THE LANDLORD FORFEITS THE RIGHT TO
MAKE ANY CLAIM AGAINST THE SURETY BOND.
(II) IF A SURETY FAILS TO COMPLY WITH THE REQUIREMENTS OF
THIS SUBSECTION, THE SURETY FORFEITS THE RIGHT TO MAKE ANY CLAIM AGAINST
A TENANT UNDER THE SURETY BOND.
(12) (13) IF A SURETY, IN AN ACTION AGAINST THE TENANT, ASSERTS A
CLAIM UNDER THE SURETY BOND WITHOUT HAVING A REASONABLE BASIS TO
ASSERT THE CLAIM, THE COURT MAY GRANT THE TENANT DAMAGES OF UP TO
THREE TIMES THE AMOUNT CLAIMED PLUS REASONABLE ATTORNEY'S FEES.
(13) (14) A SURETY BOND ISSUED UNDER THIS SUBSECTION MAY ONLY
BE ISSUED BY AN ADMITTED CARRIER LICENSED BY THE MARYLAND INSURANCE
ADMINISTRATION.
[(i)] (J) No provision of this section may be waived in any lease.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2006.
Approved May 16, 2006.
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- 2537 -
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