Pottsville, PA asked in Real Estate Law, Civil Rights and Landlord - Tenant for Maryland

Q: I'm a renter in an apartment complex in Havre de Grace Maryland I do not have a working shower or a working kitchen sink

Maintenance Request form was submitted over a week ago via multiple avenues (on-line form, hard copy as well as several follow up calls and no response whatsoever). Please help. I'd like to b showered for the holiday.

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Maryland

A: It’s best to consult legal counsel, because landlord and tenant practice tends to be local, but Maryland law allows tenants to withhold rent and use that rent to repair health issues such as water, heat, and sewage service. You’ve notified. Hire the best licensed plumber in town for emergency services and keep the receipts.

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The District Court has forms for starting a rent escrow action. A rent escrow action is where a tenant pays their rent into court, and not to the landlord, beause there remain serious unrepaired or unaddressed conditions in the rented premises that make the unit unsafe, unhealthy or unusable. No running water or working faucets or plumbing all affect the health of the occupants and make the premises uninhabitable. The landlord must fix the problems in order to recover the rent from court, and the court will repay the tenant the rent the judge feels rasonable to compensate the tenant for having to live under the conditions prior to their being satisfactorily repaired. Because you are filing the rent escrow action, it is your burden to prove the things you are alleging. Take photographs of the conditions you are complaining about, or take video using your cell phone that shows how the faucets do not work, etc. Document your notices to the landlord requesting the repairs, and bring proof of those reports you made and any response. You may also file a complaint with the local health department and ask for an inspection to document the conditions you are living under. Any report resulting from that inspection would help your case. Nothing motivates a landlord more than not receiving their rent, and having to prove to the court that they restored the premises to a tenantable condition in order to do so. If you are forced to move out temporaily or to a hotel to take a shower, you should request reimbrsement for that expense and present the receipts at the hearing on the rent escrow action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.