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Session Laws, 2004
Volume 801, Page 2565   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 540

B.   THE OWNER HAS OFFERED TO RELOCATE THE TENANT IN
ORDER TO ALLOW THE OWNER TO PERFORM WORK IF THE WORK WILL DISTURB THE
PAINT ON THE INTERIOR SURFACES OF THE PROPERTY AND TO PAY THE
REASONABLE EXPENSES THE TENANT WOULD INCUR DIRECTLY RELATED TO THE
RELOCATION; AND

C.   THE TENANT HAS REFUSED TO ALLOW ACCESS TO THE
OWNER OR REFUSED TO VACATE THE PROPERTY IN ORDER FOR THE OWNER TO
PERFORM THE REQUIRED WORK.

(2)     For the purpose of the court's determination under subsection (c) of
this section the landlord shall also specify the amount of rent due for each rental
period under the lease, the day that the rent is due for each rental period, and any
late fees for overdue rent payments.

(3)     The District Court shall issue its summons, directed to any constable
or sheriff of the county entitled to serve process, and ordering the constable or sheriff
to notify the tenant, assignee, or subtenant by first-class mail:

(i) To appear before the District Court at the trial to be held on the
fifth day after the filing of the complaint; and

(ii) To answer the landlord's complaint to show cause why the
demand of the landlord should not be granted.

(4)     (i) The constable or sheriff shall proceed to serve the summons
upon the tenant, assignee, or subtenant or their known or authorized agent as
follows:

1.       If personal service is requested and any of the persons
whom the sheriff shall serve is found on the property, the sheriff shall serve any such
persons; or

2.       If personal service is requested and none of the persons
whom the sheriff is directed to serve shall be found on the property and, in all cases
where personal service is not requested, the constable or sheriff shall affix an attested
copy of the summons conspicuously upon the property.

(ii) The affixing of the summons upon the property after due
notification to the tenant, assignee, or subtenant by first-class mail shall conclusively
be presumed to be a sufficient service to all persons to support the entry of a default
judgment for possession of the premises, together with court costs, in favor of the
landlord, but it shall not be sufficient service to support a default judgment in favor of
the landlord for the amount of rent due.

(5)     Notwithstanding the provisions of paragraphs (1) through (4) of this
subsection, in Wicomico County, in an action to repossess any premises under this
section, service of process on a tenant may be directed to any person authorized under
the Maryland Rules to serve process.

(c) (1) If, at the trial on the fifth day indicated in subsection (b) of this
section, the court is satisfied that the interests of justice will be better served by an

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Session Laws, 2004
Volume 801, Page 2565   View pdf image
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