Legal Question in Landlord & Tenant Law in Maryland
I have caught 2 mice in my apt about 2 months ago. I still found droppings around the apt even though I thought they were gone. 3 days ago I noticed some type of cotton on my loveseat in my living room. I went to check the sofa and there were approx. 7 baby mice living in my sofa..(yuck) Immediately I took the sofa out of my home to the dump. I contacted the rental office the next day to inform them on what happen and was told that a exterminator would be out to my apt in a week...(a week? yes) I came home the next day and I had lots of dropping around the area where my loveseat was and the mice/rats have dug a hole into the carpet. Can I legally break my lease and leave my apartment for unsanitary conditions? I have a 3 year old daughter as well so I'm no longer staying in the apartment.
1 Answer from Attorneys
Maryland law allows a tenant to pay money into rent escrow if rental conditions are severe and unlivable -- this forces a landlord to fix the conditions and it is up to a judge to decide whether or not the rent is still owed or if the tenant can keep the money. In extreme circumstances, continuing conditions may warrant letting a tenant out of the lease. However, unless the landlord consents or the lease is otherwise properly terminated the tenant may be on the hook for unpaid rent.
What is "severe" and "unhabitable" will depend on the circumstances. It also depends on the area, whether the premises were delivered pest-free or got that way during the tenancy. Document the conditions with photographs if possible. However, mice are relatively common and if the landlord / property manager gets an exterminator out within a week of the notification, this may suggest reasonable efforts to deal with the problem.
You are encouraged to review your lease to see what it says about pest control. Also, it is a good idea to dialogue with the landlord - in some cases the parties can reach agreement about a move-out without going to the courts. You may also want to consider the possibility of filing for rent escrow.
While I hope the general legal information above helps, please understand that it is not legal advice and does not create an attorney/client relationship. You are encouraged to contact an attorney of your choosing for advice and/or representation as necessary.
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