3. C. ALL LOSSES OR DAMAGES OTHER THAN THE FAIR
RENTAL VALUE OF THE PROPERTY UP TO THE DAY OF JUDGMENT THAT THE COURT
DETERMINED TO BE DUE BECAUSE OF THE DETENTION OF POSSESSION; AND
4. D. THE FAIR RENTAL VALUE OF THE PROPERTY
DURING THE PENDENCY OF THE APPEAL.
(3) ON APPLICATION OF EITHER PARTY, THE COURT SHALL SET A
HEARING DATE FOR THE APPEAL THAT IS NOT LESS THAN 5 DAYS OR MORE THAN 15
DAYS AFTER THE APPLICATION FOR APPEAL.
(4) NOTICE OF THE ORDER FOR A HEARING SHALL BE SERVED ON THE
PARTIES OR THE PARTIES' COUNSELS NOT LESS THAN 5 DAYS BEFORE THE HEARING.
(G) IF THE JUDGMENT OF THE DISTRICT CIRCUIT COURT SHALL BE IN FAVOR
OF THE LANDLORD, A WARRANT SHALL BE ISSUED BY THE APPELLATE COURT TO
THE SHERIFF, WHO SHALL PROCEED IMMEDIATELY TO EXECUTE THE WARRANT.
8-402.4.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "LANDLORD" INCLUDES THE LANDLORD'S AGENT.
(3) (I) "WRONGFUL EVICTION" MEANS ANY ACT BY THE LANDLORD,
WITHOUT LEGAL OR COURT AUTHORITY, THAT ACTUALLY OR CONSTRUCTIVELY;
1. REMOVES A TENANT FROM THE RENTAL PROPERTY; OR
2. PREVENTS A TENANTS ACCESS TO THE RENTAL
PROPERTY.
(II) A "WRONGFUL EVICTION" MAY INCLUDE THE LANDLORD'S
INTENTIONAL EFFORT TO SIGNIFICANTLY DIMINISH ESSENTIAL SERVICES, SUCH AS
GAS, ELECTRICITY, WATER, HEAT OR LIGHT, TO WHICH THE TENANT IS ENTITLED
UNDER THE TERMS OF THE TENANCY.
(B) IN THE EVENT THAT A LANDLORD EXECUTES OR ATTEMPTS TO EXECUTE
A WRONGFUL EVICTION OF A RESIDENTIAL TENANT, THE TENANT MAY FILE A
COMPLAINT IN DISTRICT COURT. THE COURT SHALL DIRECT THE SHERIFF TO SERVE
A COPY OF THE COMPLAINT ON THE LANDLORD WITHIN 3 DAYS OF THE FILING AND
THE HEARING SHALL BE HELD ON THE FIFTH DAY AFTER THE FILING.
(C) (1) UPON THE FILING OF THE COMPLAINT, THE COURT SHALL CONDUCT
AN IMMEDIATE EMERGENCY HEARING.
(2) AT THIS HEARING, THE COURT MAY ISSUE A TEMPORARY ORDER IF
THERE ARE REASONABLE GROUNDS TO BELIEVE A WRONGFUL EVICTION HAS
OCCURRED AND IT CLEARLY APPEARS THAT IMMEDIATE AND SUBSTANTIAL HARM
WILL RESULT TO THE TENANT IN THE ABSENCE OF A TEMPORARY ORDER
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