(C) (1) ACCEPTANCE OF RENT ANY PAYMENT AFTER NOTICE BUT BEFORE
EVICTION SHALL NOT OPERATE AS A WAIVER OF ANY NOTICE OF BREACH OF LEASE
OR ANY JUDGMENT FOR POSSESSION UNLESS THE PARTIES SPECIFICALLY
OTHERWISE AGREE IN WRITING.

(2) ANY RENT PAYMENT ACCEPTED SHALL BE FIRST APPLIED TO THE
RENT OR THE EQUIVALENT OF RENT APPORTIONED TO THE DATE THAT THE
LANDLORD ACTUALLY RECOVERS POSSESSION OF THE PREMISES, THEN TO COURT
COSTS, INCLUDING COURT AWARDED DAMAGES AND LEGAL FEES AND THEN TO ANY
LOSS OF RENT CAUSED BY THE BREACH OF LEASE.

(3) ANY PAYMENT WHICH IS ACCEPTED IN EXCESS OF THE RENT
REFERRED TO IN PARAGRAPH (2) OF THIS SUBSECTION SHALL NOT BEAR INTEREST
BUT WILL BE RETURNED TO THE TENANT IN THE SAME MANNER AS SECURITY
DEPOSITS AS DEFINED UNDER § 8-203 OF THIS TITLE BUT SHALL NOT BE SUBJECT TO
THE PENALTIES OF THAT SECTION.

8-402.3.

(A) IN THIS SUBTITLE, "WRONGFUL DETAINER" MEANS TO HOLD POSSESSION
OF A PROPERTY WITHOUT THE RIGHT OF POSSESSION.

(B) A PERSON MAY NOT HOLD POSSESSION OF PROPERTY UNLESS THE
PERSON IS ENTITLED TO POSSESSION OF THE PROPERTY UNDER THE LAW.

(C) (1) IF A PERSON OTHER THAN A TENANT HOLDING OVER VIOLATES
SUBSECTION (B) OF THIS SECTION, A PERSON CLAIMING POSSESSION MAY MAKE
COMPLAINT IN WRITING TO THE DISTRICT COURT OF THE COUNTY IN WHICH THE
PROPERTY IS LOCATED.

(2) ON RECEIPT OF A COMPLAINT UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COURT SHALL SUMMONS IMMEDIATELY THE PERSON IN
POSSESSION TO APPEAR BEFORE THE COURT ON THE DAY SPECIFIED DM THE
SUMMONS TO SHOW CAUSE, IF ANY, WHY RESTITUTION OF THE POSSESSION OF THE
PROPERTY TO THE PERSON FILING THE COMPLAINT SHOULD NOT BE MADE.

(3) IF, FOR ANY REASON, THE PERSON IN ACTUAL POSSESSION CANNOT
BE FOUND, THE PERSON AUTHORIZED TO SERVE PROCESS BY THE MARYLAND RULES
SHALL AFFIX AN ATTESTED COPY OF THE SUMMONS CONSPICUOUSLY ON THE
PROPERTY.

(4) IF NOTICE OF THE SUMMONS IS SENT TO THE PERSON IN
POSSESSION BY FIRST CLASS MAIL, THE AFFIXING OF THE SUMMONS IN
ACCORDANCE WITH PARAGRAPH (3) OF THIS SUBSECTION SHALL CONSTITUTE
SUFFICIENT SERVICE TO SUPPORT RESTITUTION OF POSSESSION.

(D) A COUNTERCLAIM OR CROSS-CLAIM MAY NOT BE FILED IN AN ACTION
BROUGHT UNDER THIS SECTION.

(E) (1) IF THE DISTRICT COURT DETERMINES THAT THE COMPLAINANT IS
LEGALLY ENTITLED TO POSSESSION, THE DISTRICT COURT SHALL.