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Baltimore City
Tenant Right of First Refusal

Generally

Before the sale of a single-family residential rental property located in Baltimore City may occur, the tenant of that property shall have the Right of First Refusal to purchase the property. Since this is a Baltimore City Code (Article 13, Subtitle 6) provision, properties in the other Maryland counties are not subject to these Baltimore City Tenant Right of First Refusal Laws.

Written Offer of Sale

Prior to the voluntary transfer of title to a single-family residential rental property, a written offer of sale shall be made to the tenant in accordance with the Baltimore City Code notice requirements. The tenant has 30 days to decide if the tenant would like to purchase the property. If the tenant would like to purchase the property, the tenant must notify the landlord in accordance with the Baltimore City Code notice requirements.

Tenant Contract

In the event that the tenant does choose to enter into a contract to purchase the property, the law requires that the contract contain certain provisions, including sale price, date of settlement, deposit amount, and financing contingency all within Baltimore City Code guidelines.

Waivers

Tenants may not waive their right to receive an offer of sale. However, if the tenant has been provided the offer of sale, the tenant may waive his right to the time periods afforded for entering into a sales contract.

Exemptions and Applicability

The Right of First Refusal does not apply to multi-unit properties, tenants who have not resided in the property for at least 6 months, and tenants who were evicted from the property for non-payment of rent. There are numerous other itemized exemptions to related parties under the law. Properties listed with a third party licensed real estate broker are exempt provided the broker complies with the notice requirements.

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