H.B. 1158                                                VETOES

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] THE LANDLORD is entitled under the provisions of subsection (a) of this section,
[he] THE LANDLORD or [ his] THE LANDLORD'S duly qualified agent or attorney shall
make [his] THE LANDLORD'S 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] THE TENANTS assignee or subtenant with the
amount of rent AND ANY LATE FEES due and unpaid; and praying by warrant to
repossess the premises, together with judgment for the amount of rent AND LATE FEES
due AS DETERMINED BY THE COURT IN ACCORDANCE WITH SUBSECTION (C) OF
THIS SECTION and costs, COSTS, AND ANY LATE FEES. FOR THE PURPOSE OF THE
COURT'S DETERMINATION UNDER SUBSECTION (C) OF THIS SECTION. THE
LANDLORD SHALL ALSO PRAY FOR SPECIFY THE AMOUNT OF RENT DUE UNDER FOR
EACH RENTAL PERIOD UNDER THE LEASE THE DAY THAT THE RENT IS DUE FOR
EACH RENTAL PERIOD, AND ANY LATE FEES FOR OVERDUE RENT PAYMENTS. The
District Court shall issue its summons, directed to any constable or sheriff of the county
entitled to serve process, and ordering [him] THE CONSTABLE OR SHERIFF 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] THE TENANTS, ASSIGNEE'S, OR
SUBTENANTS known or authorized agent, but if for any reason, neither the tenant,
assignee or subtenant, nor [his] THE TENANTS, ASSIGNEE'S, OR SUBTENANT'S 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] THE COURT 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.

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