§ 551-202 — Tenants' rights

Sec. 551-202. - Tenants' rights.

(a) Any person who was a tenant on the date of the notice of intent and whose tenancy expires other than for cause prior to the expiration of one hundred twenty (120) days from the date on which a copy of the notice of intent was received shall have the right to an additional tenancy on the same terms and conditions for the same rental until the expiration of such one-hundred-twenty-day period if such tenant gives written notice to the developer of his intent to exercise that right within thirty (30) days of the date upon which the notice of intent was received. Any additional tenancy may be withheld if the tenant is in arrears, has committed waste, or has been determined to cause a general nuisance. In the case of any tenant who is over sixty-five (65) years of age, or who is deaf or blind or unable to walk without mechanical assistance, such tenant shall have the right, upon giving written notice, to an additional tenancy on the same terms and conditions and for the same rental for a period of one hundred eighty (180) days following receipt of notice of intent if such tenant gives written notice of his intent to exercise that right within thirty (30) days of the date upon which the notice of intent was received. (b) A developer shall not sell or offer to sell any conversion condominium unit which is in the possession of a tenant who received notice pursuant to section 551-201 without first offering to sell such unit to such tenant. The developer shall deliver to such tenant, either by personal delivery or by registered or certified mail, return receipt requested, an offer to sell such unit, specifying the price and all other terms and conditions of the offer. Such offer shall be made no later than one hundred twenty (120) days before the date upon which the developer will require the tenant to vacate. No tenant entitled to receive such an offer shall be required to vacate his unit any earlier than one hundred twenty (120) days from the receipt of such offer, except by reason of nonpayment of rent, waste or conduct that disturbs other tenants' peaceful enjoyment of the premises, and the terms of the tenancy shall not be altered during that period. The tenant shall have sixty (60) days from receipt of the offer to either accept or reject such offer. If the tenant rejects the offer or fails to accept the offer within the sixty-day period, the developer may not offer to dispose of an interest in that unit during the ninety (90) days following either the tenant's rejection of the offer or the expiration of the sixty-day period, whichever occurs first, at the price or on terms more favorable to the offeree than the price or terms offered to the tenant. (c) If a developer, in violation of subsection (b), conveys a unit to a purchaser for value who has no knowledge of the violation, recordation of the deed conveying the unit extinguishes any right a tenant may have under subsection (b) to purchase that unit if the deed states that the seller has complied with subsection (b), but does not affect any claim the tenant may have against the developer for damages, nor does it affect the penalties provided in section 551-204 hereof.

(Code 1975, § 15-26)