Last month, the Fort Meade community experienced an earthquake and a hurricane during the same week. Yes, that really happened. I even have the slightly damaged picture frame and leftover “hurricane survival kit” items to prove it. All kidding aside, the two disasters caused significant damage throughout the community. Many homes were flooded and numerous families are still going through the process of making repairs. For most tenants, this process can be very frustrating, especially if they believe their landlord isn’t moving fast enough. The goal of this article is to highlight some of the options available to tenants faced with this situation.
When faced with an issue involving repairs, the first step for any tenant is to read the relevant clauses of their lease. In most cases, the lease will clearly spell out the responsibilities of both parties when it comes to making repairs. By knowing the terms of the lease, the tenant will know what to expect from their landlord. More importantly, the tenant will know their own options or personal obligations under the lease. For example, some leases authorize the tenant to make their own minor repairs, as long as they get written permission from their landlord.
After reading his lease, the next likely step for a tenant is to speak with the landlord about the situation. In my experience, far too many tenants are hesitant to discuss repairs with their landlords. Such a conversation with a landlord can clarify the stances of both parties and iron out potential disagreements upfront. Conversely, if the parties don’t agree over the repairs, this conversation can spotlight the exact points of contention. Additionally, if desired, tenants can use this conversation as an attempt to negotiate an early exit from their lease.
If the repairs remain a source of contention, tenants can seek to use the rent escrow process. Essentially, in Maryland, tenants can go to court and request to pay money into a rent escrow account until certain repairs have been made. This process requires sending notification to the landlord through certified mail and then proving to the court that the necessary repairs involve serious or dangerous defects. This is not as easy as it sounds. Unfortunately, for tenants, the types of defects covered by this law are defined very narrowly and can be hard to prove. For more information over this process, tenants can look at the Maryland Attorney General website.
Another option for tenants involves simply vacating the property and then defending a lawsuit from their landlord. This is generally a bad idea. Before any tenant decides to pursue this route, they should speak to an outside attorney who specializes in landlord/tenant law. A more palatable option for tenants might be exercising their ability to file an official complaint against their landlord for the lack of timely and proper repairs. The “Landlord/Tenant Complaint Form.”
If you have any further questions please remember that Legal Assistance Attorneys are always available to help. Please call 301-677-9536 to set up an appointment.
This article was written 1Lt. Cody Cheek, Fort Meade Office of the Staff Judge Advocate.
