[DOWNLOAD] "Brown v. Housing Commission" by Maryland Court Of Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: Brown v. Housing Commission
• Author : Maryland Court Of Appeals
• Release Date : January 31, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

In action to recover possession of leased premises under Real Prop. Art., § 8-402.1, for breach of covenant, landlord entitled to judgment of restitution of possession only upon showing that (1) tenant breached a covenant that entitles landlord to terminate the lease, (2) breach was substantial, and (3) breach warrants an eviction. Substantial breach alone does not require judgment of restitution. September Term, 1997 SAUNDRA BROWN v. HOUSING OPPORTUNITIES COMMISSION OF MONTGOMERY COUNTY Maryland Code, § 8-402.1 of the Real Property Article (1996 Repl. Vol., 1997 Supp.) vests authority in the District Court, under certain circumstances, to order the eviction of a tenant for breach of the tenant's lease. Section 8-402.1(b) provides, in relevant part, that ""[i]f the court determines that the tenant breached the terms of the lease and that the breach was substantial and warrants an eviction, the court shall give judgment for the restitution of the possession of the premises . . . ."" The issue before us is whether, after finding a substantial breach of the lease, the court may nevertheless decline to order an eviction on the ground that the breach, though substantial, does not warrant that relief. We shall answer that question in the affirmative and, as a result, shall reverse a contrary judgment entered by the Circuit Court for Montgomery County.

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