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  1. #1
    Join Date
    Dec 2006
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    3

    Default Sublessees Rights in Maryland

    The building I live in is in the process of being sold. According to law the new owner has to uphold any current leases. However, I have two special circumstances, the first is that the building is owned by a cooperative, and I haven't found any laws pertaining to cooperatives (to figure out if they would be exempt from this law). This makes for a second special circumstance, the owners of each unit actually lease the apartment from the cooperative and then sublease to their tenants. I am wondering if the rules are different for subleasers.

    Additionally, the lease between the owner and the cooperative states that the cooperative has the right to terminate the lease to the owner because of sale of the property. Does this make my sublease void?

    If the answer is yes, how long do I have before I would have to move out after the sale is finalized?

    The new company has already sent letters to all tenants giving us 15 days to decide to sign a new lease with them (without any dates specified!), and if we do not we must move within 15 days of the final sale. (and yet, when asked, they refuse to say when that might be). Any help would be appreciated!

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Subleasees Rights in MD

    According to law the new owner has to uphold any current leases.

    What law is that?


    Look in your lease for your answers.

  3. #3
    Join Date
    Dec 2006
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    3

    Default Re: Subleasees Rights in MD

    In MD Under §8-101 of the Maryland Code, as a transferee of a reversion in the current owner a buyer is subject to the same remedies for breach of the agreement as my current landlord. In addition, Straley v. Osborne, 262 Md 514, 278 A.2d 64 (1971) and Achtar v. Posner, 189 Md. 559, 56 A.2d 797 (1948) provide additional clarity on this point by holding that a purchaser of the building is subject to the rights and liabilities contained in my current lease.

    I would like to know if there will be an exception to the law in this situation. I do not have a lease, I have a sublease. The sublease does not specify anything about a sale of the property, however, the master lease (to which my sublease is subject) does. The master lease states that if the property is sold (by vote of the coop owners) then the master lease will be terminated. Does this mean that my sublease will be terminated? Or will it be transfered to the coop and then to new owner?

  4. #4
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    Default Re: Subleasees Rights in MD

    Are you hoping to stay, or to leave?

  5. #5
    Join Date
    Dec 2006
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    3

    Default Re: Sublessees Rights in Maryland

    With the information I have, I would like to stay through the end of my current lease, deciding at that point whether or not I would like to continue renting from the new company.

  6. #6
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    Default Re: Sublessees Rights in Maryland

    If the sublease is with the original tenant, they can end the original tenancy in accord with the original lease. You may have a remedy against the original tenant.

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