Q: My hot water is not working in my rental since 2/28/23. Informed management company on 3/1/23. Plumber came to premise
on 3/1/23. Ordered part. On 3/6/23, part not in and still not hot water. We are up to date in rent. Is there a recourse?
A:
While it is well worth your money to have the lease reviewed and check the local ordinances on landlord & tenant relations in your county, as a general matter, the landlord covenants a safe and habitable residence, and hot water is a part of that. You call the landlord -- preferably after a review of your case -- and tell them that you are having a new water heater of the newest, best, safest type installed on an emergency basis tomorrow morning at 9:00, and you are withholding the payments for it from your rent. It won't need any parts on back order, and it can be used in a pinch to power the local nuclear power plant! Ask him whether he want to put your family up in a hotel while you wait for the missing part. Tell him you prefer the Ritz, and you like room service.
If the landlord is being reasonable and prompt getting your repairs, you might want your bite to be less painful than your bark.
BTW, even if you are not caught up on rent, in Maryland, there is no self-help. The process to get a judgment of eviction is prompt, and such a lawsuit will hurt you getting future tenancies, but landlords cannot turn off of delay repairs of health and safety matters.
Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or electronically) and some money has changed hands. Usually, you will have been asked specific questions about your situation and all potential conflicts of interest will have been resolved. Until then, you have no more right to rely on this answer than if you read it on LegalZoom.
A:
When essential items like hot water or heat are not provided, a tenant can seek "rent escrow" through the district court. Naturally a tenant can start outside of court by requesting rent abatement from the landlord for any period where property was not fit to live in, but if a serious problem persists a tenant can seek relief through the rent escrow process.
The Maryland Judiciary puts out a free informative class for tenants to learn more about rent escrow available at https://mdcourts.gov/legalhelp/webinars/rentescrow
While not legal advice, I hope this general information helps.
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