Tu Casa
By Nathalia N. Cruz-Edmonds
The market to buy a home is “sizzling” hot but for some reason you cannot do it at this time therefore you are renting. You have lived inside your home for about a year and a couple of months and you love it. Out of the blue, the owner asks to enter the property to do an inspection the next day. The owner and other people enter your home, they tour the home and they leave. A couple of weeks later you get the notification that someone new owns your home. Now what?
In the state of Maryland, each county deals with a resale of an investment property differently. But if you are living in Baltimore City, the owner of the home has to provide you with a “Baltimore City Exemption of Tenant’s Right of First Refusal”. This form must be sent to you via certified mail within forty-eight (48) of the home going on the market. Why do REALTORS have to do this? Because in the government believes the Renter must be given a fair chance at buying where they currently live. It gives a fair advantage to everyone, specially those who are currently living inside the property. This form also provides the name, address and phone number of the Baltimore City Department of Housing and Community Development which can help you by providing you with information on how to buy that or other homes.
If you haven't’ received this form and you know the property you live at has been sold, please contact the Maryland Real Estate Commission. They are located at 500 North Calvert Street 3rd Floor in Baltimore. You can also call them at (410) 230-6230. You may also visit their website at http://www.dllr.state.md.us/license/mrec/.
What happens if the Listing Agent did send the form and you decided to not buy the property? There are many scenarios. The Good Scenario is when the new owner decides to keep you as a tenant with the same terms. Meaning, same rental price and same lease dates. Perfect! Have a new lease signed with the new owner and get the address of where you can make your rental payments. Read your lease agreement well and ask questions if you do not understand. If you paid a Security Deposit, you DO NOT need to pay a new one. The Security Deposit must have been given to the new owner as part of the sale.
The Bad Scenario is when the new owners decide to let you complete the lease but provide you with a sixty (60) day notice to vacate sixty (60) days before your lease expires. There is no law that protects you against this. This is every landlord’s/owner’s right to do when the lease is about to end. The Ugly Scenario is when the Landlord/Owner decides to file a “Wrongful Entry & Detainer”. Unlike the “Tenant Holding Over” which is done after a tenant stays inside the property after the scheduled move out date, the Wrongful Entry & Detainer the new owner does NOT want any residents inside the property. The Wrongful Entry & Detainer as well as the Tenant Holding Over work just like an eviction for failure to pay rent.
The Landlord or Owner must go to the District Court and fill out the proper documentation and pay a fee. The Clerk’s Office then accepts the request, which is a lawsuit, and schedules a date. A copy is sent to the house in question stating which date the case is. The court might send the court date in the mail or the Sheriff might tape it to the door. Once the court date arrives, if you do not show up because (1) you forgot or (2) you never got the notice, that will be in your disadvantage. Some procedures provide you with a four day appeal but a judge still has to approve it. Once the judge approves the judgement to have the request from the Landlord or Owner to remove you from their property the case will be transfer to the Sheriff’s office. To get a date as to when the Sheriff will knock on your door and ask you to leave the premise can take up to an additional four (4) to six (6) weeks. When the Sheriff knocks on your door, he will ask you to take your most valuable possessions and immediately leave the premises. The new Landlord or Owner will then change the locks to the house. If you have furniture and clothes inside, in Baltimore City you will lose everything once the Sheriff ask you to leave the home. In other counties the Landlord or Owner will bring people to remove your items for you and place them in the curb. After twenty-four (24) hours have passed the Landlord or Owner can place any items in the curb inside the trash can. Please seek legal advice if any of these two forms have been given to you.
Nathalia N. Cruz-Edmonds is a REALTOR with Berkshire Hathaway HomeService PenFed Realty. To schedule a meeting call at (410) 350-5848, or at her office (410) 464-5500 or via email at nathalia.edmonds@penfedrealty.com. To learn about available properties or read her blog please visit http://nathaliaedmonds.penfedrealty.com. She is also the owner of Clearview Real Estate Management LLC a third party real estate management company in Maryland for more information visit http://clearviewREM.com.
