Legal Question in Real Estate Law in Maryland

landlords refuse to pay to fix water

We do not have a lease with the landlord and we do not have water and the landlord refuses to pay to fix the water for us to have water. What can we do??


Asked on 8/26/02, 8:37 pm

2 Answers from Attorneys

Robert Damalouji The Damalouji Law Firm, L.L.C.

Re: landlords refuse to pay to fix water

Pursuant to Maryland statutory law, not having hot and cold running water is a substantial and serious defect that poses a threat to life, health and safety of the tenants. Maryland law imposes an obligation on landlords to repair and eliminate conditions such as these. However there are notice provisions within the statute that must be complied with in order to obtain relief against the landlord. Depending on the facts of your particular case, potential relief may be to pay your rent to the court under a "rent escrow" arrangement, thereby forcing the landlord to make the repairs. This and other options may also be available to you, but will be determined based on a thorough analysis of the facts of your case, including an undertsanding of what your lease arrangement actually is.

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Answered on 8/27/02, 10:00 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: landlords refuse to pay to fix water

In order to enforce living standards set in statute, you will have to file a complaint with the health department. After that, you can force the landlord to obey all codes by paying into a rent escrow account. Constructive eviction lies where the tenant can show that the property was not maintained to appropriate standards. You may want to pursue setting up a rent escrow as this will protect your rental interest. E-mail your lease.

Joe Holthaus, Esq.

(410) 799-9002

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Answered on 8/29/02, 8:03 pm


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