Sale by Landlord

If the landlord sells the property and the purchaser has actual or constructive notice that it is leased to a tenant, the purchaser must honor the provisions of the lease. Where the tenant is in possession of the premises, the purchaser is considered by law to have notice of the lease. The rights and responsibilities of tenant and new owner are the same as existed between tenant and former owner.

Read the Law: Md. Code, Real Property § 8-101

Tax Sale

If the landlord does not pay their property taxes or utility bills, the county can sell the property to recover the money owed. More information on tax sales. After the property is sold, the purchaser (Plaintiff) who bought the property can take possession through a foreclosure process. During the foreclosure process the Plaintiff must send a written notice to tenant. 

When the tenant's identity is known to the Plaintiff, the notice must: 

• be sent by certified mail, postage prepaid, return receipt requested, and 
• contain a copy of the complaint.

When the tenant's identity is not known to the Plaintiff, the notice must:

• be sent to each separately leased area of the property by first-class mail, postage prepaid, addressed to "occupant," and
• the envelope must be prominently marked on the outside with the phrase "Notice of Action to Foreclose," and
• contain a copy of the complaint.

The notice must have the following statement in conspicuous boldface type: "If the unpaid taxes, together with costs and expenses, are not paid, the court may enter a judgment foreclosing the right of redemption that would terminate your lease and right to occupy the property. You have the right to pay the unpaid taxes, together with costs and expenses, and avoid lease termination and eviction. A judgment foreclosing the right of redemption could be entered within the next 90 days and at that time you could be evicted or required to vacate the property."

If the Plaintiff files the action before final ratification of the sale, failure of a tenant to receive notice does not invalidate the sale.

After judgment foreclosing the right of redemption is issued, the Plaintiff can take possession of the property. Plaintiff must notify any tenant at least 30 days prior to taking possession of the property. The notice must be in writing.

Read the Law: Md. Code, Tax-Property § 14-836