PLEASE NOTE WE HAVE A NEW ADDRESS
PLEASE NOTE WE HAVE A NEW ADDRESS
Effective April 13, 2024, Baltimore City enacted the Tenant Opportunity to Purchase Act ("TOPA"). This new TOPA rescinds and replaces the previous long standing Baltimore City Tenant Right of First Refusal Law. While similar in spirit to the previous law, there are surely differences which will warrant an entirely different set of forms and procedures than any previous documents you may have used in the past. The concept is that before the sale of a rental single-family dwelling in Baltimore City may occur, the tenant of that property shall have the opportunity 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 this TOPA.
Prior to offering the rental single family dwelling unit for sale to another party, a Landlord shall provide a written OFFER OF SALE to the Tenant. This OFFER OF SALE must also be sent to the Baltimore City Housing Commissioner as well. The contents of an OFFER OF SALE are very specific. Be sure to use a form that is in compliance with TOPA.
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 but not limited to, sale price, date of settlement, deposit amount, and financing contingency all within TOPA guidelines.
Tenants may not waive their rights under TOPA unless the waiver is in exchange for consideration that the Tenants, in their sole discretion, find acceptable.
Tenants may not assign their rights under TOPA.
The TOPA does not apply to the following exempt situations:
- Multi-unit properties
- Transfers to a spouse, children, parents, siblings, or in-laws
- Transfers by a Personal Representative of an Estate while administering the Estate
- Transfers to a Religious or Charitable Tax-Exempt Donee
- There are several other exempt situations
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