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Writer's pictureCenter for Local Policy Analysis (CLPA)

Legislative Spotlight: Pre/Post settlement occupancy rental agreements (PGC Council)



Yesterday, in the Prince George's County Council Committee of the Whole, the Committee discussed CB-92-2021, "an act concerning pre-settlement and post-settlement occupancy agreements in rental housing transactions."


But what are pre-settlement and post-settlement occupancy agreements? Both types of agreements are relatively common in real estate. A pre-settlement occupancy agreement occurs when a property buyer rents the property, they are buying from the seller for up to 90 days before the purchase is finalized. A post-settlement occupancy agreement is the reverse of a pre-settlement occupancy. Pro-settlement agreements transpire when a seller rents the property from the buyer up to 90 after the sale is finalized.


Under Prince George's County law, exemptions are built-in where no rental license is required for a single-family renter facility. No license will be required if:

  • The tenant is the immediate family of the landlord (parent, son, daughter, sibling, grandchild, grandparent, or in-law)

  • The landlord is active-duty military,

  • The landlord has relocated and still uses the property as a permanent resident.

CB-92-2021, if enacted, would add post and pre-settlement agreements to the list of rental license exemptions to Prince George's County law. The drafters of the legislation intend for this exemption to allow one to occupy a dwelling up to 90 days, either before or after the final settlement/sale of the property, without the requirement that the parties obtain a rental license.


If you have questions or would like If you have questions or would like to voice your opinion about this legislation, contact its sponsor Councilmember Jolene Ivy at (301) 952-3864 or email her at CouncilDistrict5@co.pg.md.us.

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