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Statutes Text

Article - Real Property




§8–402.2.

    (a)    (1)    This section applies to property:

            (i)    Leased for business, commercial, manufacturing, mercantile, or industrial purposes, or any other purpose that is not primarily residential;

            (ii)    Improved or to be improved by any apartment, condominium, cooperative, or other building for multifamily use of greater than four dwelling units; or

            (iii)    Leased for dwellings or mobile homes that are erected or placed in a mobile home development or mobile home park.

        (2)    This section does not apply to residential property that is or was used, intended to be used, or authorized to be used for four or fewer dwelling units.

    (b)    Whenever, in a case that involves a 99–year ground lease renewable forever, at least 6 months ground rent is in arrears and the landlord has the lawful right to reenter for the nonpayment of the rent, the landlord, no less than 45 days after sending to the tenant by certified mail, return receipt requested, at the tenant’s last known address, and also by first–class mail to the title agent or attorney listed on the deed to the property or the intake sheet recorded with the deed, a bill for the ground rent due, may bring an action for possession of the property under § 14–108.1 of this article; if the tenant cannot be personally served or there is no tenant in actual possession of the property, service by posting notice on the property may be made in accordance with the Maryland Rules. Personal service or posting in accordance with the Maryland Rules shall stand in the place of a demand and reentry.

    (c)    (1)    Before entry of a judgment the landlord shall give written notice of the pending entry of judgment to each mortgagee of the lease, or any part of the lease, who before entry of the judgment has recorded in the land records of each county where the property is located a timely request for notice of judgment. A request for notice of judgment shall:

            (i)    Be recorded in a separate docket or book that is indexed under the name of the mortgagor;

            (ii)    Identify the property on which the mortgage is held and refer to the date and recording reference of that mortgage;

            (iii)    State the name and address of the holder of the mortgage; and

            (iv)    Identify the ground lease by stating:

                1.    The name of the original lessor;

                2.    The date the ground lease was recorded; and

                3.    The office, docket or book, and page where the ground lease is recorded.

        (2)    The landlord shall mail the notice by certified mail return receipt requested to the mortgagee at the address stated in the recorded request for notice of judgment. If the notice is not given, judgment in favor of the landlord does not impair the lien of the mortgagee. Except as otherwise provided in this subsection, the property is discharged from the lease and the rights of all persons claiming under the lease are foreclosed unless, within 6 calendar months after execution of the judgment for possession, the tenant or any other person claiming under the lease:

            (i)    Pays the ground rent, arrears, and all costs awarded against that person; and

            (ii)    Commences a proceeding to obtain relief from the judgment.

    (d)    This section does not bar the right of any mortgagee of the lease, or any part of the lease, who is not in possession at any time before expiration of 6 calendar months after execution of the judgment awarding the landlord possession, to pay all costs and damages sustained by the landlord and to perform all the covenants and agreements that are to be performed by the tenant.



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