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WILLIAM DONALD SCHAEFER, Governor Ch. 245
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 4 - Baltimore City
9-2.
Whenever the tenant under any [such] demise or agreement of
rental, express or implied, verbal or written, of lands or
tenements, whether real estate or chattels real within the limits
of the City of Baltimore, shall fail to pay the rent thereunder
when due and payable, it shall be lawful for the lessor to have
again and repossess the premises so rented. [Provided, however,
that in cases where such premises are residences or dwelling
accommodations, and where the term of such tenancy is one year or
less, if the tenant shall fail to pay the rent when due and
payable, it shall be lawful for the lessor to have again and
repossess the premises so rented.] The filing of a complaint in
summary ejectment under this subtitle, the trial of said cause
and the granting of a judgment of restitution shall not preclude
the plaintiff or the owner of said premises from filing and
maintaining an independent suit for rent due and unpaid.
9-8.
If a tenant under any [such] demise FOR THE TENANT'S
RESIDENTIAL USE, shall die, the surviving spouse, or any member
of his immediate family who has occupied the premises with the
deceased tenant at the time of his death shall have the right,
upon payment to the landlord of the agreed rent (including any
rent that may be in arrears at the time of tenant's death) to be
substituted as tenant to the same extent as the original tenant.
If a tenant shall die, the landlord shall have the right to
summary ejectment for nonpayment of rent by making the personal
representative of the deceased tenant the party defendant. If a
tenant shall die and no letters shall be issued on his estate to
a personal representative, then the landlord after he shall have
filed a statement under oath setting forth these facts shall have
the right to proceed in summary ejectment for nonpayment of rent
by naming the estate of the deceased tenant as the defendant. In
such case the summons shall be served upon the occupant of the
premises; and if the premises be unoccupied, then the summons
shall be served upon one of the next of kin of the deceased
tenant, if known. If there be no occupant at the premises or
known next of kin available for service then the summons shall be
affixed to the premises.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.
Approved April 29, 1987.
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