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Ch. 440
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2007 Laws of Maryland
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(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
endanger the health or life of the tenant or any other occupant of the premises, extend
the time for surrender of the premises as justice may require but not more than 15
days after the trial.
(5) However, if the tenant, or someone for the tenant, at the trial, or
adjournment of the trial, tenders to the landlord the rent and late fees determined by
the court to be due and unpaid, together with the costs of the suit, the complaint
against the tenant shall be entered as being satisfied.
(d) (1) (i) Subject to the provisions of paragraph (2) of this subsection,
if judgment is given in favor of the landlord, and the tenant fails to comply with the
requirements of the order within 4 days, the court shall, at any time after the
expiration of the 4 days, issue its warrant, directed to any official of the county
entitled to serve process, ordering the official to cause the landlord to have again and
repossess the property by putting the landlord (or the landlord's duly qualified agent
or attorney for the landlord's benefit) in possession thereof, and for that purpose to
remove from the property, by force if necessary, all the furniture, implements, tools,
goods, effects or other chattels of every description whatsoever belonging to the tenant,
or to any person claiming or holding by or under said tenant.
(ii) If the landlord does not order a warrant of restitution within
sixty days from the date of judgment or from the expiration date of any stay of
execution, whichever shall be the later[,]:
1. [the] THE judgment for possession shall be
stricken[,]; AND
2. THE JUDGMENT SHALL BE APPLIED TO THE
NUMBER OF JUDGMENTS NECESSARY TO FORECLOSE A TENANT'S RIGHT TO
REDEMPTION OF THE LEASED PREMISES AS ESTABLISHED IN SUBSECTION
(E)(2) OF THIS SECTION UNLESS THE COURT IN ITS DISCRETION DETERMINES
THAT THE JUDGMENT MAY NOT APPLY FOR PURPOSES OF SUBSECTION (E)(2) OF
THIS SECTION.
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- 2626 -
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