Back in September of 2011, Capt. Cody Cheek wrote an article briefly summarizing the topic of landlords, tenants and the issue of repairs. After seeing a slew of clients related to this issue, our office thought it would be helpful to expand his initial article into a more practical guide for our clients. This expanded article should help further clarify the steps that should be taken if a problem arises over the issue of repairs.
First and foremost, if you are having trouble with your landlord or tenant, there is no substitute for speaking with an experienced real estate attorney licensed to practice in the state where you reside. Below is some information that should help you keep the law on your side in Maryland.
Maryland statutes outline specific mechanisms for actions against landlords due to needed repairs as well as grounds for termination of a lease. The law requires that certain steps be taken. In Maryland, tenants in properties with “serious and substantial defects and conditions” can go to court and request that their rent be paid into a rent escrow account rather than to their landlord until certain repairs have been made. However, this requires sending notification to the landlord through certified mail, and then proving to the court that the necessary repairs involve a “serious and substantial defect,” which is defined with some specificity in Maryland law. Certification from a government health inspector may be considered proof of a serious and substantial defect, but may not settle the matter by itself. Poor aesthetics (such as paint, appearance, etc.), quality of materials or workmanship (as long as the premises are safe) and comfort (air conditioning, carpet, etc.) do not qualify for relief under Maryland law. If you believe your residence has a serious and substantial defect, the proper process is:
- Notify the landlord of the defect through certified mail.
- Allow the landlord “reasonable time” to make the repairs. “Reasonable time” is defined by statute as 30 days, but can vary depending on the extent and nature of the damage or defect. If the landlord makes a good faith attempt to repair the damage, you are likely stuck.
- If the landlord fails to make repairs after a “reasonable time,” the tenant may elect to go to court to establish a rent escrow account into which the tenant must pay rent until the defect is corrected, or refuse to pay rent and wait to be sued, raising the existence of the asserted defects as a defense in a lawsuit.
- After going to court and proving that the above steps have been satisfied by the tenant and have not been satisfied by the landlord, the judge may direct that the money in the escrow account be returned to the tenant, returned to the tenant less the amount of abated rent (reduced rent because of the defects) paid to the landlord, or paid to a third party who has or will repair the premises. If the tenant fails to prove his case, all money will likely be paid to the landlord.
Failure to follow this procedure will likely result in legal action against the tenant. The outcome of such legal action is not likely to be favorable to the tenant unless there is a blatant and egregious structural, fire or safety hazard. In other words, you have to follow the process or it appears likely that you will lose. If you are considering breaking your lease and waiting to be sued, or decide to sue your landlord directly, you should speak to a civilian attorney who specializes in landlord/tenant law in your jurisdiction.
Finally, you can try to negotiate with the landlord and seek an early exit from your lease or improvements to the property. You may want to couch your argument in your knowledge of the process through judicial channels and how lengthy and costly this process can be. Also, attempt to leverage your knowledge of the proper timetable for repairs, even if you have failed to notify your landlord by certified mail of defects in the past. Problems with your residence can cause tempers to flare, but following the steps outlined above will help to ensure that the law stays on your side and you are not left out in the cold.
If you have any further questions, please call 301-677-9536 to set up an appointment with a legal assistance attorney.
This article was written by Capt. Michael Madsen, Fort Meade Office of the Staff Judge Advocate.
