What can I do if the landlord is refusing to repair the only bathroom we have?
Full Question:
I live in my bi-level house and I rent the bottom half of that. My landlord seems to think that a backed up toilet is not his responsibility. We have only lived here 3 months and they said that if it is toilet paper then they do not have to fix it. Is he right? Meanwhile I am unable to shower or use the bathroom inside. It is our only bathroom and I was wondering what to do to get this resolved. Should I fix it and take him to court, or fix it and give him that much less for rent?
11/09/2007 |
Category: Landlord Ten... ยป Repairs |
State: Maryland |
#11974
Answer:
The following is a Maryland statute:
§ 8-211 REAL PROP. Serious and dangerous defects: tenant's remedies;
action of rent escrow; landlord's defenses.
(a) Purpose. — The purpose of this section is to provide tenants
with a mechanism for encouraging the repair of serious and dangerous
defects which exist within or as part of any residential dwelling unit,
or upon the property used in common of which the dwelling unit forms a
part. The defects sought to be reached by this section are those which
present a substantial and serious threat of danger to the life, health and
safety of the occupants of the dwelling unit, and not those which merely
impair the aesthetic value of the premises, or which are, in those
locations governed by such codes, housing code violations of a
nondangerous nature. The intent of this section is not to provide a
remedy for dangerous conditions in the community at large which exists
apart from the leased premises or the property in common of which the
leased premises forms a part.
(b) Sanctions and repair consistent with public policy. — It is the
public policy of Maryland that meaningful sanctions be imposed upon those
who allow dangerous conditions and defects to exist in leased premises,
and that an effective mechanism be established for repairing these
conditions and halting their creation.
(c) Applicability — Residential. — This section applies to
residential dwelling units leased for the purpose of human habitation
within the State of Maryland. This section does not apply to farm
tenancies.
(d) Same — Ownership. — This section applies to all
applicable dwelling units whether they are (1) publicly or privately owned
or (2) single or multiple units.
(e) Serious and substantial defects and conditions. — This section
provides a remedy and imposes an obligation upon landlords to repair and
eliminate conditions and defects which constitute, or if not promptly
corrected will constitute, a fire hazard or a serious and substantial
threat to the life, health or safety of occupants, including, but not
limited to:
(1) Lack of heat, light, electricity, or hot or cold running water,
except where the tenant is responsible for the payment of the utilities
and the lack thereof is the direct result of the tenant's failure to pay
the charges;
(2) Lack of adequate sewage disposal facilities;
(3) Infestation of rodents in two or more dwelling units;
(4) The existence of any structural defect which presents a serious and
substantial threat to the physical safety of the occupants; or
(5) The existence of any condition which presents a health or fire
hazard to the dwelling unit.
(f) Minor defects not covered. — This section does not provide a
remedy for the landlord's failure to repair and eliminate minor defects
or, in those locations governed by such codes, housing code violations of
a nondangerous nature. There is a rebuttable presumption that the
following conditions, when they do not present a serious and substantial
threat to the life, health and safety of the occupants, are not covered
by this section:
(1) Any defect which merely reduces the aesthetic value of the leased
premises, such as the lack of fresh paint, rugs, carpets, paneling or other
decorative amenities;
(2) Small cracks in the walls, floors or ceilings;
(3) The absence of linoleum or tile upon the floors, provided that
they are otherwise safe and structurally sound; or
(4) The absence of air conditioning.
(g) Notice by tenant. — In order to employ the remedies provided by
this section, the tenant shall notify the landlord of the existence of
the defects or conditions. Notice shall be given by (1) a written
communication sent by certified mail listing the asserted conditions or
defects, or (2) actual notice of the defects or conditions, or (3) a
written violation, condemnation or other notice from an appropriate
State, county, municipal or local government agency stating the asserted
conditions or defects.
(h) Reasonable time for repair — The landlord has a reasonable time
after receipt of notice in which to make the repairs or correct the
conditions. The length of time deemed to be reasonable is a question of
fact for the court, taking into account the severity of the defects or
conditions and the danger which they present to the occupants. There is a
rebuttable presumption that a period in excess of 30 days from receipt of
notice is unreasonable.
(i) Refusal by landlord to make repairs or corrections; action of rent
escrow. — If the landlord refuses to make the repairs or correct the
conditions, or if after a reasonable time the landlord has failed to do
so, the tenant may bring an action of rent escrow to pay rent into court
because of the asserted defects or conditions, or the tenant may refuse
to pay rent and raise the existence of the asserted defects or conditions
as an affirmative defense to an action for distress for rent or to any
complaint proceeding brought by the landlord to recover rent or the
possession of the leased premises.
(j) Relief — In general. — (1) Whether the issue of rent
escrow is raised affirmatively or defensively, the tenant may request one
or more of the forms of relief set forth in this section.
(2) In addition to any other relief sought, if within 90 days after
the court finds that the conditions complained of by the tenant exist the
landlord has not made the repairs or corrected the conditions complained
of, the tenant may file a petition of injunction in the District Court
requesting the court to order the landlord to make the repairs or correct
the conditions.
(k) Same — Prerequisites. — Relief under this section is
conditioned upon:
(1) Giving proper notice, and where appropriate, the opportunity to
correct, as described by subsection (h) of this section.
(2) Payment by the tenant, into court, of the amount of rent required
by the lease, unless this amount is modified by the court as provided in
subsection (m).
(3) In the case of tenancies measured by a period of one month or
more, the court having not entered against the tenant 3 prior judgments
of possession for rent due and unpaid in the 12-month period immediately
prior to the initiation of the action by the tenant or by the landlord.
(4) In the case of periodic tenancies measured by the weekly payment
of rent, the court having not entered against the tenant more than 5
judgments of possession for rent due and unpaid in the 12-month period
immediately prior to the initiation of the action by the tenant or by the
landlord, or, if the tenant has lived on the premises six months or
less, the court having not entered against the tenant 3 judgments of
possession for rent due and unpaid.
(l) Sufficient defenses. — It is a sufficient defense to the
allegations of the tenant that the tenant, the tenant's family, agent,
employees, or assignees or social guests have caused the asserted defects
or conditions, or that the landlord or the landlord's agents were denied
reasonable and appropriate entry for the purpose of correcting or
repairing the asserted conditions or defects.
(m) Findings of fact; orders. — The court shall make appropriate
findings of fact and make any order that the justice of the case may
require, including any one or a combination of the following:
(1) Order the termination of the lease and return of the leased
premises to the landlord, subject to the tenant's right of redemption;
(2) Order that the action for rent escrow be dismissed;
(3) Order that the amount of rent required by the lease, whether paid
into court or to the landlord, be abated and reduced in an amount
determined by the court to be fair and equitable to represent the
existence of the conditions or defects found by the court to exist; or
(4) Order the landlord to make the repairs or correct the conditions
complained of by the tenant and found by the court to exist.
(n) Disbursement of rent escrow moneys. — After rent escrow has
been established, the court:
(1) Shall, after a hearing, if so ordered by the court or one is
requested by the landlord, order that the moneys in the escrow account be
disbursed to the landlord after the necessary repairs have been made;
(2) May, after an appropriate hearing, order that some or all moneys
in the escrow account be paid to the landlord or the landlord's agent,
the tenant or the tenant's agent, or any other appropriate person or
agency for the purpose of making the necessary repairs of the dangerous
conditions or defects;
(3) May, after a hearing if one is requested by the landlord, appoint a
special administrator who shall cause the repairs to be made, and who shall
apply to the court to pay for them out of the moneys in the escrow account;
(4) May, after an appropriate hearing, order that some or all moneys in
the escrow account be disbursed to pay any mortgage or deed of trust on the
property in order to stay a foreclosure;
(5) May, after a hearing, if one is requested by the tenant, order,
if no repairs are made or if no good faith effort to repair is made
within six months of the initial decision to place money in the escrow
account, that the moneys in the escrow account be disbursed to the
tenant. Such an order will not discharge the right on the part of the
tenant to pay rent into court and an appeal will stay the forfeiture; or
(6) May, after an appropriate hearing, order that the moneys in the
escrow account be disbursed to the landlord if the tenant does not
regularly pay, into that account, the rent owed.
(o) Effect of public local laws. — Except as provided in §
8-211.1(e) of this subtitle, in the event any county or
Baltimore City is subject to a public local law or has enacted an
ordinance or ordinances comparable in subject matter to this section,
commonly referred to as a "Rent Escrow Law", any such ordinance or
ordinances shall supersede the provisions of this section.