Ch. 586

1996 LAWS OF MARYLAND

Article 4 - Public Local Laws of Maryland

(1979 Edition and 1991 and 1993 Supplements, as amended)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

8-401.

(a)     Whenever the tenant under any lease of property, express or implied, verbal
or written, shall fail to pay the rent when due and payable, it shall be lawful for the
landlord to have again and repossess the premises so rented.

(b)     (1) Whenever any landlord shall desire to repossess any premises to which
he is entitled under the provisions of subsection (a) of this section, he or his duly qualified
agent or attorney shall make his written complaint under oath or affirmation, before the
District Court of the county wherein the property is situated, describing in general terms
the property sought to be repossessed, and also setting forth the name of the tenant to
whom the property is rented or his assignee or subtenant with the amount of rent due and
unpaid; and praying by warrant to repossess the premises, together with judgment for the
amount of rent due and costs. The District Court shall issue its summons, directed to any
constable or sheriff of the county entitled to serve process, and ordering him to notify by
first-class mail the tenant, assignee, or subtenant to appear before the District Court at
the trial to be held on the fifth day after the filing of the complaint, to answer the
landlord's complaint to show cause why the prayer of the landlord should not be granted,
and the constable or sheriff shall proceed to serve the summons upon the tenant, assignee
or subtenant in the property or upon his known or authorized agent, but if for any reason,
neither the tenant, assignee or subtenant, nor his agent, can be found, then the constable
or sheriff shall affix an attested copy of the summons conspicuously upon the property.
The affixing of the summons upon the property after due notification to the tenant,
assignee, or subtenant by first-class mail shall conclusively be presumed to be a sufficient
service to all persons to support the entry of a default judgment for possession of the
premises, together with court costs, in favor of the landlord, but it shall not be sufficient
service to support a default judgment in favor of the landlord for the amount of rent due.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, in
Wicomico County, in an action to repossess any premises under this section, service of
process on a tenant may be directed to any person authorized under the Maryland Rules
to serve process.

(c)     (1) If, at the trial on the fifth day indicated in subsection (b) of this section,
the court is satisfied that the interests of justice will be better served by an adjournment
to enable either party to procure his necessary witnesses, he may adjourn the trial for a
period not exceeding one day, except that if the consent of all parties is obtained, the trial
may be adjourned for a longer period of time.

(2) If, when the trial occurs, it appears to the satisfaction of the court, that
the rent, or any part of the rent, is actually due and unpaid, the court shall determine the
amount of rent due and enter a judgment in favor of the landlord for possession of the
premises. The court may also give judgment in favor of the landlord for the amount of

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