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Session Laws, 2004
Volume 801, Page 2566   View pdf image
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Ch. 540                                    2004 LAWS OF MARYLAND

adjournment to enable either party to procure their necessary witnesses, the court
may adjourn the trial for a period not exceeding 1 day, except with the consent of all
parties, the trial may be adjourned for a longer period of time.

(2)     (i) THE INFORMATION REQUIRED UNDER SUBSECTION (B)(1)(V) OF
THIS SECTION MAY NOT BE AN ISSUE OF FACT IN A TRIAL UNDER THIS SECTION.

(II) If, when the trial occurs, it appears to the satisfaction of the
court, that the rent, or any part of the rent and late fees are actually due and unpaid,
the court shall determine the amount of rent and late fees due as of the date the
complaint was filed, if the trial occurs within the time specified by subsection (b)(3) of
this section.

[(ii) (III) 1. If the trial does not occur within the time specified in
subsection (b)(3)(i) of this section and the tenant has not become current since the
filing of the complaint, the court, if the complaint so requests, shall enter a judgment
in favor of the landlord for possession of the premises and determine the rent and late
fees due as of the trial date.

2. The determination of rent and late fees shall include the
following:

A. Rent claimed in the complaint;

B. Rent accruing after the date of the filing of the complaint;

C.      Late fees accruing in or prior to the month in which the
complaint was filed; and

D.      Credit for payments of rent and late fees made by the
tenant after the complaint was filed.

[(iii)] (IV) 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 residential tenant was personally served with a
summons, or, in the case of 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)] (V) 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 that
possession of the premises be given to the landlord, or 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

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Session Laws, 2004
Volume 801, Page 2566   View pdf image
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