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§ 11-136. Tenant's right to buy property

West's Annotated Code of MarylandReal PropertyEffective: April 8, 2008

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 11. Maryland Condominium Act (Refs & Annos)
Effective: April 8, 2008
MD Code, Real Property, § 11-136
§ 11-136. Tenant's right to buy property
Notice of right to purchase property
(a)(1) An owner required to give notice under § 11-102.1 of this title shall offer in writing to each tenant entitled to receive that notice the right to purchase that portion of the property occupied by the tenant as his residence. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms, and conditions offered for that portion of the property to any other person during the 180-day period following the giving of the notice required by § 11-102.1 of this title. Settlement cannot be required any earlier than 120 days after the offer is accepted by the tenant.
(2) The offer to each tenant shall be made concurrently with the giving of the notice required by § 11-102.1 of this title, shall be a part of that notice, and shall state at least the following:
(i) That the offer will terminate upon the earlier to occur of termination of the lease by the tenant or 60 days after delivery;
(ii) That acceptance of the offer by a tenant who meets the criteria for an extended lease under § 11-137(b) of this title is contingent upon the tenant not receiving an extended lease;
(iii) That settlement cannot be required any earlier than 120 days after acceptance by the tenant; and
(iv) That the household is entitled to reimbursement for moving expenses as provided in subsection (h) of this section. Delivery of a notice in the form specified in § 11-102.1(f) of this title meets the requirements of this subparagraph.
(3) If the offer to the tenant under this subsection is not included with the notice required by § 11-102.1 of this title, the 180-day period during which the tenant is entitled to remain in the tenant's residence does not begin until the tenant receives the offer.
Alterations or additions to size, location, configuration, and physical condition of property
(b)(1) Notwithstanding the provisions of subsection (a) of this section, an owner may make any alterations or additions to the size, location, configuration, and physical condition of the property. The developer is not required to make the boundaries of any portion of the property occupied by a tenant as the tenant's residence coincide with the boundaries of a unit.
(2) In the event the boundaries of any portion of the property occupied by a tenant as the tenant's residence do not coincide with the boundaries of a unit, then, to the extent reasonable and practicable, the owner shall offer in writing to that tenant the right to purchase a substantially equivalent portion of the property. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms and conditions offered for that portion of the property to any other person and shall contain the statements required by subsection (a)(2) of this section.
Written acceptance of offer
(c) Unless written acceptance of an offer made under subsection (a) or (b) of this section is sooner delivered to the owner by the tenant, the offer shall terminate, without further act, upon the earlier to occur of:
(1) Termination of the lease by the tenant; or
(2) 60 days after the offer is delivered to the tenant.
Acceptance of offer by tenant
(d) Acceptance of an offer by a tenant who meets the criteria for an extended lease under § 11-137(b) of this title shall be contingent upon the tenant not receiving an extended lease.
Termination of offer
(e) If the offer terminates, the owner may not offer to sell that unit at a price or on terms and conditions more favorable to the offeree than the price, terms, and conditions offered to the tenant during the 180-day period following the giving of the notice required by § 11-102.1 of this title.
List of tenants who have accepted offers
(f) Within 75 days after the giving of the notice required by § 11-102.1 of this title, the developer shall provide to any county, incorporated municipality or housing agency which has a right to purchase units in the rental facility under § 11-139 of this title a list of the names and units of all tenants who have validly accepted offers made under this section within 60 days of the giving of the notice required by § 11-102.1 of this title, except those offers which have terminated because of the granting of an extended lease under § 11-137 of this title.
Affidavit by grantor indicating provisions have been fulfilled
(g) If a deed for a unit contains an affidavit by the grantor that the provisions of this section have been fulfilled, then the grantee in that deed takes title to the unit free and clear of all claims and rights of any person arising under this section.
Households not accepting purchase offers
(h)(1) If the household does not accept the purchase offer made under this section, the owner shall:
(i) If the household qualifies as to income under § 11-137(b)(1) of this title, pay the household $375 when the household vacates the unit and reimburse the household for moving expenses as defined in § 11-101 of this title in excess of $375 up to $750 which are actually and reasonably incurred; or
(ii) If the household does not qualify as to income under § 11-137(b)(1) of this title, reimburse the household for moving expenses as defined in § 11-101 of this title up to $750 which are actually and reasonably incurred.
(2) The household shall make a written request for moving expense reimbursement to the developer, accompanied by reasonable evidence of the costs incurred, within 30 days following moving. The developer shall reimburse the household within 30 days following receipt of the request.

Credits

Added by Acts 1982, c. 836, § 3, eff. July 1, 1982. Amended by Acts 1984, c. 575; Acts 1985, c. 550; Acts 1989, c. 5, § 1; Acts 2007, c. 170, § 1, eff. Oct. 1, 2007; Acts 2007, c. 171, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008.
MD Code, Real Property, § 11-136, MD REAL PROP § 11-136
Current through all legislation from the 2017 Regular Session of the General Assembly
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