Rockville, MD asked in Real Estate Law and Landlord - Tenant for Maryland

Q: I have had a mice problem with my apartment. I would like my rent refunded. I have asthma.

I have asked for my apartment to be mice free. It has taken them three exterminator visits, they have had to fill in three holes in my unit. They have found mice excrement, that is the exterminator found this. I was denied having my floors cleaned by the onsite manager, I had to call the corporate offices in another state to get my floors cleaned. They now have outside counsel emailing me. I feel concerned that mice excrement was damaging to my asthma and put me at risk of contracting hentavirus and the cleaning products used to clean this mess up on the carpet cleaning irritated my asthma to the point I had several asthma attacks and had to leave my home for four hours to just be able to breathe. I believe I have redress.

1 Lawyer Answer

A: An online post won't be able to offer specific legal advice, but when conditions in a rental rise to the level of a serious hazard jeopardizing health or safety, Maryland law offers the option of rent escrow. Not every nuisance rises to the level of hazard and it is a very case-by-case analysis. Without knowing or commenting on precise facts, an occasional unwelcome mouse or two probably wouldn't be considered a serious threat to life or health while a major rodent infestation causing documented medical problems might rise to the level.

Where a serious hazard exists, essentially the tenant needs to petition the court and ask the court for special permission to pay rent into "escrow" while the problem remains unfixed. Some District Courts offer a landlord/tenant "pro se" or "self help" clinic to assist tenants with selecting appropriate court forms. Maryland's Attorney General also offers some good general information on legal issues commonly arising in landlord/tenant relationships.

Alternatively, a tenant can try to negotiate with their landlord for a rent reduction which may or may not be successful.

While not legal advice, I hope this post offers some helpful general information.

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