(a) If the plaintiff in an action of distress makes an election in writing, the court may declare the lease terminated and of no further force and effect. This election may be made only if all tenants have been served with a copy of the action of distress and after sale of all goods levied on. The court may not terminate any residential lease which runs for more than 15 years.
(b) If any tenant was not served with a copy of the action of distress, the court may declare the lease terminated if a copy of the nisi order of termination is twice returned non est as to the nonsummoned defendant.
(c) If the court declares a lease terminated under subsection (a) of this section, the court on application of the plaintiff, may issue its order or judgment of restitution of the premises. The court shall issue its warrant to the officer commanding the officer to deliver immediately to the plaintiff, possession in full and ample manner as set forth in § 8-402(b) of this title. The costs of this action are the same as in the case of a tenant holding over.
Structure Maryland Statutes
Subtitle 3 - Distress for Rent
Section 8-302 - Action at Law; Jurisdiction; Leases Subject to Distress; Venue
Section 8-303 - Form and Contents of Petition; Service
Section 8-304 - Show-Cause Order
Section 8-306 - Goods Levied On; Exclusions From Levy
Section 8-307 - Exemptions From Levy; Goods Subject to Security Interest
Section 8-308 - Levied Goods in Court
Section 8-309 - Entry Under Levy; Forcible Entry; Time of Levy
Section 8-310 - Removal of Levied Goods; Bond
Section 8-311 - Levy on Goods of Third Person; Finality of Levy; Removal of Excluded Goods
Section 8-312 - Effect of Levy on Title to Goods; Risk of Loss of Levied Goods
Section 8-313 - Expense of Removing Goods; Liability for Removal of Goods Affixed to the Property
Section 8-314 - Answer to Petition; Hearing; Final Order of Sale
Section 8-316 - Bond for Return of Levied Goods; Order to Release Goods
Section 8-317 - Order to Make Forcible Entry After Levy on Goods
Section 8-318 - Notice of Sale
Section 8-319 - Manner of Sale; Removal for Sale
Section 8-321 - Security for Costs
Section 8-323 - Rights of Third Party When Goods Sold Under Distress
Section 8-324 - Termination of Leases; Possession of Premises
Section 8-325 - Deficiency Judgment; Hearing; Exemptions
Section 8-326 - Levy on Goods of Husband and Wife
Section 8-327 - Amendment of Petition or Other Pleading
Section 8-329 - Assignment of Leases; Liability of Assignee
Section 8-330 - Service of Process
Section 8-331 - Stay When Notice Not Received
Section 8-332 - Right to Appeal; Time for Taking; Trial; Stays