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Session Laws, 1997
Volume 795, Page 4936   View pdf image
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H.B. 1158

VETOES

(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, AS DETERMINED
BY THE COURT UNDER SUBSECTION (C) OF THIS SECTION
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.]

(E) (1) IN ANY ACTION OF SUMMARY EJECTION EJECTMENT FOR FAILURE
TO PAY RENT WHERE THE LANDLORD IS AWARDED A JUDGMENT GIVING THE
LANDLORD RESTITUTION OF THE LEASED PREMISES, THE TENANT SHALL HAVE THE
RIGHT OF REDEMPTION OF THE LEASED PREMISES, AT ANY TIME BEFORE ACTUAL
EXECUTION OF THE EVICTION ORDER, BY TENDERING IN CASH, CERTIFIED CHECK,
OR MONEY ORDER TO THE LANDLORD OR THE LANDLORD'S AGENT ALL RENT AND
LATE FEES THAT ARE DUE AS OF THE DATE OF REDEMPTION, INCLUDING:

(I) RENT AND LATE TEES, AS DETERMINED BY THE COURT UNDER
SUBSECTION (C) OF THIS SECTION;

(II) RENT AND LATE FEES ACCRUING AFTER THE DATE OF THE
DETERMINATION, AS CALCULATED BY THE LANDLORD ACCORDING TO THE PER
DIEM RATE GET UNDER SUBSECTION (C) OF THIS SECTION AS INDICATED IN THE

JUDGMENT RENDERED UNDER SUBSECTION (C) OF THIS SECTION, AND

(III) ALL COURT COSTS AND FEES:

(2)      FOR PURPOSES OF DETERMINING THE AMOUNT OF RENT AND LATE
FEES DUE ON THE DATE Or REDEMPTION, IF THE TENANT PRODUCES A VALID
WRITTEN RECEIPT, THE TENANT SHALL BE GIVEN CREDIT FOR ANY PAYMENTS
MADE AFTER THE DATE OF THE DETERMINATION. IF THE LANDLORD QUESTI
ONS
THE VALIDITY OF THE TENANT'S WRITTEN RECEIPT, THE AMOUNT NECESSARY TO
REDEEM THE PREMISES SHALL BE DETERMINED BY THE COURT. UPON A MOTION
OF THE LANDLORD.

(3)      THIS SUBSECTION DOES NOT APPLY TO ANY TENANT AGAINST
WHOM THREE JUDGMENTS OF POSSESSION HAVE BEEN ENTERED FOR RENT AND
LATE FEES DUE AND UNPAID AT THE SAME PREMISES IN THE 12 MONTHS PRIOR TO
THE INITIATION OF THE ACTION TO WHICH TIES 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 4 days from the rendition of

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Session Laws, 1997
Volume 795, Page 4936   View pdf image
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