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Martin O'Malley, Governor
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Ch. 440
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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
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.
(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.
(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.
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- 2625 -
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