Q: Is the landlord responsible for water damage repairs and cleanup in MD?
I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing the ongoing damage or cleanup. The leaks have caused falling ceiling tiles, persistent wet carpet, a moldy smell, and damage to my business equipment and products. Our clients are now avoiding visits due to the smell. The lease's responsibilities on repair and maintenance have not been checked yet, and there's verbal information from a former tenant that the issue was known before our lease began. Could you advise if the landlord is legally responsible for the repairs, damage, and cleanup? Additionally, should we consider legal action or lease termination if the problem persists?
A: You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That said, in a commercial condominium context, the condominium association or the neighboring properties or the landlord are often responsible for roof elements. Seek counsel.
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