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Session Laws, 1999
Volume 796, Page 3598   View pdf image
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8-402.1.

(a) (1) (I) When a lease provides that the landlord may repossess the
premises if the tenant breaches the lease, and the landlord has given the tenant 1
month's written notice that the tenant is in violation of the lease and the landlord
desires to repossess the premises, and if the tenant or person in actual possession
refuses to comply, the landlord may make complaint in writing to the District Court of
the county where the premises is located.

(II) The court shall summons immediately the tenant or person in
possession to appear before the court on a day stated in the summons to show cause,
if any, why restitution of the possession of the leased premises should not be made to
the landlord.

(2) (I) If, for any reason, the tenant or person in actual possession
cannot be found, the constable or sheriff shall affix an attested copy of the summons
conspicuously on the property.

(II) After notice is sent to the tenant or person in possession by
first-class mail, the affixing of the summons on the property shall be conclusively
presumed to be a sufficient service to support restitution.

(3) If either of the parties fails to appear before the court on the day
stated in the summons, the court may continue the case for not less than six nor more
than 10 days and notify the parties of the continuance.

(b) (1) 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.

(2) Either party may appeal to the circuit court for the county, within ten
days from entry of the judgment. If the tenant [(1)] (I) files with the District Court an
affidavit that the appeal is not taken for delay; [(2)] (II) files sufficient bond with one
or more securities conditioned upon diligent prosecution of the appeal; [(3)] (III) pays
all rent in arrears, all court costs in the case; and [(4)] (IV) 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.

 

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Session Laws, 1999
Volume 796, Page 3598   View pdf image
 Jump to  
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