Section 8-309 - Entry under levy; forcible entry; time of levy.
§ 8-309. Entry under levy; forcible entry; time of levy.
(a) Entry under levy.- In making levy under an action of distress, no forcible entry may be made into leased premises occupied and used as a dwelling without a court order. If the levying officer cannot gain entry, the plaintiff may file a verified petition with the court for an order directing forcible entry into the leased premises.
(b) Forcible entry.- Forcible entry may be made for the purpose of levy into any property or building other than those specified in subsection (a) of this section.
(c) Time of levy.- Levy under an action of distress may be made at any hour of the day or night.
[An. Code 1957, art. 21, § 8-307; 1974, ch. 12, § 2; 2002, ch. 19, § 10.]