Legal Question in Real Estate Law in Maryland

Water Damage to Rental Property

Water came in through the roof and caused a small flood in the townhouse we are renting. After a week are rug is still wet and we are having to make many of the calls to get someone to fix it. The home smells of mildew and we haven't heard from the real estate agent after numerous daily voice mail messages to him. The Landlord went out of town and left him authorization to deal with it on her behalf. The rug need to be replaced along with the roof inspected/fixed. The question is: How much time is enough to pass when we can take legal action against the landlord for having to live in an unhealthy environment? It has been two days since hearing from the real estate agent and half of our living room rug is still wet and seperating! Also, how much money could I possibly get for having to live like this?


Asked on 11/10/02, 11:32 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Water Damage to Rental Property

What you may be dealing with is "constructive eviction". This is when the

property becomes unhabitable and the landlord, either through action of non-action, has

constructively created a situation that evicts the tenant from use of the premises.

Tell the landlord, and his/her agent, to fix the damage. Do so by registered mail and make clear that you want them to take action to fix the problem immediately.

Give them a deadline and follow through with your actions.

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Answered on 11/12/02, 9:59 am
Robert Sher Wagshal and Sher

Re: Water Damage to Rental Property

I suggest you write (fax, email) the real estate agent and give them a deadline for getting a contractor out to inspect the damage or you will do so yourself. The problem you might have is that a roofer may be reluctant to deal with a renter, since you really don't have authority to approve that kind of repair. But if you provide him with some assurance of payment, it may work out. The landlord should pay to have your carpet replaced and any other damage caused by the wet conditions, but you won't get compensated for inconvenience or "emotional" injury because of this. If you tell the agent you'll withhold the cost of repair from the rent unless immediate action is taken, it may get the landlord's attention.

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Answered on 11/11/02, 11:10 am


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