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Session Laws, 1999
Volume 796, Page 1914   View pdf image
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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.

(e) In any action of summary ejectment for failure to pay rent where the
landlord is awarded a judgment giving [him] THE LANDLORD 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] THE
LANDLORD'S 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.

8-402.

(a) (1) A tenant under any lease or someone holding under [him] THE
TENANT, who shall unlawfully hold over beyond the termination of the lease, shall be
liable to the landlord for the actual damages caused by the holding over.

(2) The damages awarded to a landlord against the tenant or someone
holding under [him] THE TENANT, may not be less than the apportioned rent for the
period of holdover at the rate under the lease.

(b) (2) If upon hearing the parties, or in case the tenant or person in
possession shall neglect to appear after the summons and continuance the court shall
find that the landlord had been in possession of the leased property, that the said
lease or estate is fully ended and expired, that due notice to quit as aforesaid had been
given to the tenant or person in possession and that [he] THE TENANT OR PERSON IN
POSSESSION had refused so to do, the court shall thereupon give judgment for the
restitution of the possession of said premises and shall forthwith issue its warrant to
the sheriff or a constable in the respective counties commanding [him] THE TENANT
OR PERSON IN POSSESSION forthwith to deliver to the landlord possession thereof in
as full and ample manner as the landlord was possessed of the same at the time when
the leasing was made, and shall give judgment for costs against the tenant or person
in possession so holding over. Either party shall have the right to appeal therefrom to
the circuit court for the county within ten days from the judgment. If the tenant

 

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Session Laws, 1999
Volume 796, Page 1914   View pdf image
 Jump to  
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