hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system

Question

when i asked the landlord to fix the vent, that has so much dirt and grime hanging out of it, i was told it is not in the budget. it seems they do not want to fix it and i cannot afford to move now. what is my legal recourse?

Mark Oakley · Answer

It depends on whether he air quality from the dirty vent (or the restricted air flow) poses a substantive health hazard to you, thereby making occupation of the apartment a dangerous health hazard to you.  If yes, then you could file a rent escrow action in District Court (forms may be found on the court's website), which if granted, will allow you to pay your rent into court until the court rules whether the landlord is required to fix the problem, and then the court will determine how much of the rent you have paid into court will be released to the landlord or refunded to you for the time the apartment was unhealthy to occupy.  Before proceeding in court, you will need to document the condition, such as with photographs, and ideally, get a report from an air quality expert as to the unhealthy condition that meets the statutory requirements for a rent escrow.  Since you are in Montgomery County, you also have another option: the Montgomery County Office of Landlord-Tenant Affairs.  File a complaint with that office, and they will assist you to pursue a remedy for your issue, and may send someone out to inspect the apartment and its condition.

Q: hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system