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Session Laws, 1997
Volume 795, Page 4935   View pdf image
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PARRIS N. GLENDENING, Governor

H.B. 1158

(2)     (I) If, when the trial occurs, it appears to the satisfaction of the court,
that the rent, or any part of the rent, [is] AND LATE FEES ARE actually due and unpaid,
the court shall [determine]:

1. DETERMINE the amount of rent AND LATE FEES due AS OF
THE DATE OF THE DETERMINATION JUDGMENT, INCLUDING RENT AND LATE FEES
ACCRUING AFTER THE FILING OF THE COMPLAINT; AND

2. DETERMINE A PER DIEM RATE FOR RENT THE AMOUNT
OF RENT DUE FOR EACH RENTAL PERIOD UNDER THE LEASE. THE DAY THAT T
HE
RENT IS DUE FOR EACH RENTAL PERIOD, AND ANY LATE FEES FOR THE PURPOSE OF
DETERMINING, UNDER SUBSECTION (E) OF THIS SECTION, ANY ACCRUAL OF RENT
AND LATE FEES AFTER THE DATE OF DETERMINATION JUDGMENT: and

3. 2 [enter] ENTER a judgment in favor of the landlord for
possession of the premises.

(II) The court may also give judgment in favor of the landlord for the
amount of 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] THE TENANT'S
LANDLORD'S agent or attorney, within 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 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,] THE TENANT, 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 4 days, the court shall, at any time after the expiration of the 4 days, issue
its warrant, directed to any official of the county entitled to serve process, ordering [him]
THE OFFICIAL to cause the landlord to have again and repossess the property by putting
[him] THE LANDLORD (or [ his] THE LANDLORD'S duly qualified agent or attorney for
[his] THE LANDLORD'S 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.

- 4935 -

 

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Session Laws, 1997
Volume 795, Page 4935   View pdf image
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