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Session Laws, 1999
Volume 796, Page 1916   View pdf image
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week-to-week tenant before [his] THE TENANT'S holding over, and a periodic
month-to-month tenant in all other cases.

8-402.1.

(b) If the court determines that the tenant breached the terms of the lease and
that the breach was substantial and warrants an eviction, the court shall give
judgment for the restitution of the possession of the premises and issue its warrant to
the sheriff or a constable commanding [him] THE TENANT to deliver possession to the
landlord in as full and ample manner as the landlord was possessed of the same at the
time when the lease was entered into. The court shall give judgment for costs against
the tenant or person in possession. Either party may appeal to the circuit court for the
county, within ten days from entry of the judgment. If the tenant (1) files with the
District Court an affidavit that the appeal is not taken for delay; (2) files sufficient
bond with one or more securities conditioned upon diligent prosecution of the appeal;
(3) pays all rent in arrears, all court costs in the case; and (4) pays all losses or
damages which the landlord may suffer by reason of the tenant's holding over, the
tenant or person in possession of the premises may retain possession until the
determination of the appeal. Upon application of either party, the court shall set a day
for the hearing of the appeal not less than five nor more than 15 days after the
application, and notice of the order for a hearing shall be served on the other party or
[his] THAT PARTY'S counsel at least five days before the hearing. If the judgment of
the District Court is in favor of the landlord, a warrant shall be issued by the court
which hears the appeal to the sheriff, who shall execute the warrant.

8-403.

If the court in any case brought pursuant to § 8-401 or § 8-402 orders an
adjournment of the trial for a longer period than provided for in the section under
which the case has been instituted, the tenant or anyone holding under [him] THE
TENANT shall pay all rents due and as they come due into the court exercising
jurisdiction in the case. However, the court may order the tenant to pay rents due and
as come due into an administrative agency of any county which is empowered by local
law to hold rents in escrow pending investigation and disposition of complaints by
tenants; the court also may refer that case to the administrative agency for
investigation and report to the court. A tenant shall pay into the court the amount of
rent due on or before the date to which the trial is adjourned or within seven days
after adjournment if the trial is adjourned more than seven days, or to the
administrative agency within seven days after the court has ordered the rent paid
into an administrative agency. If the tenant fails to pay rent due within this period, or
as it comes due, the court, on motion of the landlord, shall give judgment in favor of
the landlord and issue a warrant for possession in accordance with the provisions of §
8-401(c) and (d).

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

 

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Session Laws, 1999
Volume 796, Page 1916   View pdf image
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