Baltimore, MD asked in Landlord - Tenant for Maryland

Q: Homeowner selling after signing year lease.

Update: This was a renewal lease and is scheduled to be our second year in the property.

I just signed a year lease that ends June 2022. I'm now being informed by the homeowner's real estate agent that the owner would like to cancel my lease ASAP and sell the property. What are my options in this situation? Can I stay in the house through the end of the lease term or do they have the right to cancel my lease so quickly?

Related Topics:
3 Lawyer Answers
Leonard A Englander
Leonard A Englander
Answered
  • Landlord Tenant Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: Have you already moved into the property out of curiosity?

1 user found this answer helpful

Shaneka Johnson
Shaneka Johnson
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: Generally, a lease is a contract that attaches to the leasehold property, meaning the terms of your lease could bind the purchaser of the property. However, it all depends on the terms in your lease. Your options include, negotiating an early buy-out, filing a lis pendens action, or simply continuing to occupy the property "openly and notoriously" and enforce your right to stay against the purchaser. Nevertheless, your options are specific to your lease, as well as your locality.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: If you are already in possession of the property (living in it), then you can generally enforce the lease terms. Buyers take subject to any existing lease. Therefore, read the lease terms carefully regarding early termination of the lease in the event of a sale f the property. Some jurisdictions in Maryland (Baltimore City, e.g.) require that a landlord first offer to sell the property to the tenant (first right of refusal). Other counties may have other local landlord tenant regulations or codes that address sales of rental properties with tenants in them. That said, you may be able to negotiate compensation for having to move out if you decide to settle the issue amicably.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.