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Session Laws, 1996
Volume 794, Page 3395   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 586

rent determined to be due together with costs of the suit if the court finds that the actual
service of process made on the defendant would have been sufficient to support a
judgment in an action in contract or tort.

(3)     The court, when entering the judgment, shall also order the tenant to
yield and render possession of the premises to the landlord, or his agent or attorney,
within [ two] 5 4 days after the trial.

(4)     The court may, upon presentation of a certificate signed by a physician
certifying that surrender of the premises within this [two-day] 5-DAY 4-DAY period
would endanger the health or life of the tenant or any other occupant of the premises,
extend the time for surrender of the premises as justice may require. However, the court
may not extend the time for the surrender of the premises beyond 15 days after the trial.

(5)     However, if the tenant, or someone for him, at the trial, or adjournment
of the trial, tenders to the landlord the rent determined by the court to be due and
unpaid, together with the costs of the suit, the complaint against the tenant shall be
entered as being satisfied.

(d)     (1) Subject to the provisions of paragraph (2) of this subsection, if judgment
is given in favor of the landlord, and the tenant fails to comply with the requirements of
the order within [two] 5 4 days, the court shall, at any time after the expiration of the
[two] 5 4 days, issue its warrant, directed to any official of the county entitled to serve
process, ordering him to cause the landlord to have again and repossess the property by
putting him (or his duly qualified agent or attorney for his benefit) in possession thereof,
and for that purpose to remove from the property, by force if necessary, all the furniture,
implements, tools, goods, effects or other chattels of every description whatsoever
belonging to the tenant, or to any person claiming or holding by or under said tenant. If
the landlord does not order a warrant of restitution within sixty days from the date of
judgment or from the expiration date of any stay of execution, whichever shall be the
later, the judgment for possession shall be stricken.

(2) (i) The administrative judge of any district may stay the execution of a
warrant of restitution, from day to day, in the event of extreme weather conditions.

(ii) When a stay has been granted under this paragraph, the execution
of the warrant of restitution for which the stay has been granted shall be given priority
when the extreme weather conditions cease.

(e)     In any action of summary ejectment for failure to pay rent where the landlord
is awarded a judgment giving him restitution of the leased premises, the tenant shall have
the right to redemption of the leased premises by tendering in cash, certified check or
money order to the landlord or his agent all past due rent and late fees, plus all court
awarded costs and fees, at any time before actual execution of the eviction order. This
subsection does not apply to any tenant against whom 3 judgments of possession have
been entered for rent due and unpaid in the 12 months prior to the initiation of the action
to which this subsection otherwise would apply.

(f)     The tenant or the landlord may appeal from the judgment of the District
Court to the circuit court for any county at any time within [ two] 5 4 days from the
rendition of the judgment. The tenant, in order to stay any execution of the judgment,

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Session Laws, 1996
Volume 794, Page 3395   View pdf image
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