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Session Laws, 1999
Volume 796, Page 3593   View pdf image
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IN SUBSECTION (B)(2) OF THIS SECTION AND THE LANDLORD SO REQUESTS, THE
COURT SHALL DETERMINE THE AMOUNT OF RENT AND LATE FEES DUE AS OF THE
DATE OF JUDGMENT, INCLUDING RENT ACCRUING AFTER THE FILING OF THE
COMPLAINT AND INCLUDING NOT MORE THAN 1 MONTH'S WORTH OF THE LATE FEES
CLAIMED TO BE DUE WHEN THE COMPLAINT WAS FILED AND enter a judgment in
favor of the landlord for possession of the premises.

(III) The court may also give judgment in favor of the landlord for
the amount of rent AND LATE FEES 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] THE RESIDENTIAL TENANT
WAS PERSONALLY SERVED WITH A SUMMONS, OR, IN THE CASE OF ANY OTHER A
NONRESIDENTIAL TENANCY, THERE WAS SUCH SERVICE OF PROCESS OR
SUBMISSION TO THE JURISDICTION OF THE COURT AS WOULD SUPPORT A
JUDGMENT in contract or tort.

(IV) A TENANT, OTHER THAN A RESIDENTIAL TENANT, A
NONRESIDENTIAL TENANT WHO WAS NOT PERSONALLY SERVED WITH A SUMMONS
SHALL NOT BE SUBJECT TO PERSONAL JURISDICTION OF THE COURT IF THAT
TENANT ASSERTS THAT THE APPEARANCE IS FOR THE PURPOSE OF DEFENDING AN
IN REM ACTION PRIOR TO THE TIME THAT EVIDENCE IS TAKEN BY THE COURT.

(3) The court, when entering the judgment, shall also order [the tenant
to yield and render] THAT possession of the premises BE GIVEN to the landlord, or
[his] THE 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 BUT NOT MORE THAN [.
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 AND LATE FEES
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) (I) 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.

 

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Session Laws, 1999
Volume 796, Page 3593   View pdf image
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