(2) Either party may appeal to the circuit court for the county, within 10 days from entry of the judgment. If the tenant (i) files with the District Court an affidavit that the appeal is not taken for delay; (ii) files sufficient bond with one or more securities conditioned on diligent prosecution of the appeal; (iii) pays all rent in arrears, all court costs in the case; and (iv) pays all losses or damages which the landlord may suffer by reason of the tenant’s holding over, the tenant or person in possession of the premises may retain possession until the determination of the appeal. On application of either party, the court shall set a day for the hearing of the appeal not less than 5 days or more than 15 days after the application, and notice of the order for a hearing shall be served on the other party or that party’s counsel at least 5 days before the hearing. If the judgment of the District Court is in favor of the landlord, a warrant shall be issued by the court which hears the appeal to the sheriff, who shall execute the warrant.
(c) A warrant of restitution issued under this section shall be executed in compliance with the provisions of § 8–407 of this subtitle.
(d) (1) Acceptance of any payment after notice but before eviction shall not operate as a waiver of any notice of breach of lease or any judgment for possession unless the parties specifically otherwise agree in writing.
(2) Any payment accepted shall be first applied to the rent or the equivalent of rent apportioned to the date that the landlord actually recovers possession of the premises, then to court costs, including court awarded damages and legal fees and then to any loss of rent caused by the breach of lease.