(3) The tenant may dispute the validity or terms of the District Court's
escrow order or raise any other defense[, including any legal justification,] to the
tenant's alleged noncompliance with the order.
(4) If the circuit court determines that the [landlord has sustained the
burden of showing that the escrow order is valid and that the tenant,] FAILURE TO
PAY IS without [cause] LEGAL JUSTIFICATION, [has failed to comply with the
District Court's order,] the court may treat the tenant's [prayer] DEMAND for jury
trial as waived, and can either immediately conduct a nonjury trial or set the matter
for a future nonjury trial on the merits of the landlord's claim.
(d) Upon final disposition of the action, the circuit court shall order
distribution of the rent escrow account in accordance with the judgment. If no
judgment is entered, the circuit court shall order distribution to the party entitled to
the rent escrow account after hearing.
8-118.1.
(A) (1) IN AN ACTION UNDER § 8-402.3 OF THIS TITLE IN WHICH A PARTY
DEMANDS A JURY TRIAL, THE DISTRICT COURT IMMEDIATELY SHALL ENTER AN
ORDER DIRECTING THE PERSON OR ENTITY IN POSSESSION TO PAY THE MONTHLY
FAIR RENTAL VALUE OF THE PREMISES THAT IS SUBJECT TO THE ACTION, OR SUCH
OTHER AMOUNT AS THE COURT MAY DETERMINE IS PROPER, STARTING AS OF THE
DATE OF THE ACTION WAS FILED, AS REQUIRED IN SUBSECTION (B) OF THIS
SECTION.
(2) THE ORDER SHALL REQUIRE THE AMOUNT DETERMINED BY THE
COURT TO BE PAID WITHIN 5 DAYS OF THE DATE OF THE ORDER
(B) THE DISTRICT COURT SHALL ORDER THAT THE AMOUNT DETERMINED BY
THE COURT BE PAID:
(1) INTO THE REGISTRY OF AN ESCROW ACCOUNT OF THE CLERK OF
THE CIRCUIT COURT; OR
(2) TO THE PLAINTIFF IF BOTH THE DEFENDANT AND THE PLAINTIFF
AGREE OR AT THE DISCRETION OF THE DISTRICT COURT.
(C) (1) IF THE PERSON OR ENTITY FAILS TO PAY UNDER THE TERMS OF THE
ORDER, THE CIRCUIT COURT, ON MOTION OF THE PERSON OR ENTITY CLAIMING
POSSESSION AND CERTIFICATION OF THE CLERK OR THE PLAINTIFF, IF THE
PAYMENT IS MADE TO THE PLAINTIFF, OF THE STATUS OF THE ACCOUNT, SHALL
CONDUCT A HEARING WITHIN 30 DAYS.
(2) THE DISTRICT COURT'S ESCROW ORDER AND THE CLERKS
CERTIFICATION ARE PRESUMED TO BE VALID.
(3) THE PERSON OR ENTITY IN POSSESSION MAY DISPUTE THE VALIDITY
OR TERMS OF THE DISTRICT COURT'S ESCROW ORDER OR RAISE ANY OTHER
DEFENSE TO THE PERSON'S ALLEGED NONCOMPLIANCE WITH THE ORDER
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