Renting a home that was foreclosed in Maryland: your rights

Your rights as a renter in Maryland, in order

1. The federal floor: 90 days and your lease

   From the new owner's written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

2. Maryland's own 90-day rule

   At least 90 days before the move-out date

   The new owner after a foreclosure takes the home subject to your bona fide lease to its end, or, if you have no lease or a month-to-month one, to a written notice to vacate at least 90 days ahead. If the home is sold to a buyer who will live there, the lease can end, but you still get the 90 days. Longer state or local protections still apply.

   Md. Code, Real Prop. § 7-105.8(b)(2), (3), (5)

3. What the notice to vacate must say

   When the new owner sends it

   The notice must be in writing, sent by both first-class and certified mail with return receipt, give the date it is given and the date the tenancy ends, and say whether the reason is the end of your lease term, a sale to a buyer who will live there, or the end of a month-to-month tenancy. Keep the envelope and the notice.

   Md. Code, Real Prop. § 7-105.8(b)(4)

4. Who counts as a bona fide tenant

   Your tenancy counts if you are not the former owner or the owner's child, spouse or parent, the lease was an arm's length deal, and the rent is not far below market unless it is lowered by a government subsidy.

   Md. Code, Real Prop. § 7-105.8(b)(1)

5. Your deposit follows the home

   Within 45 days after the tenancy ends

   If the landlord's interest is sold or transferred, the old landlord stays liable for any deposit it did not hand over to the new owner with an accounting. Any successor in interest is also liable for returning your deposit with interest. The deposit, minus damages properly withheld, is due within 45 days after your tenancy ends.

   Md. Code, Real Prop. § 8-203

6. No lockouts or utility shutoffs

   Any time before a sheriff or constable acts

   A landlord cannot lock you out, threaten to, or cut off heat, water, hot water, electricity or gas to force you out. Possession can be taken only under a court warrant of restitution carried out by a sheriff or constable, or if you abandoned or surrendered the home. You can recover actual damages plus attorney's fees and costs.

   Md. Code, Real Prop. § 8-216

Common questions in Maryland