Legal Question in Landlord & Tenant Law in Maryland

Hello,

My question is regards to renter's right.

Our washing machine broke down. It was an existing problem when we moved in. One in which the landlord was aware of. This is an old house converted into two apartments and the apartment had discoloring on their ceiling where our washing machine is.

When the machine leaked it flooded the downstairs unit, damaging their bed and causing a hole in the ceiling.

The landlord has attempted to replace the machine however that machine was broken and leaked when installed.

We're now on our second trip to the laundry mat, with a family of four it's been $50 a pop.

My question is: Does the landlord absorb that cost.

The washing machine is included in the lease and our rent includes it.

Thank you


Asked on 10/26/10, 11:26 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You may have an argument that the landlord was negligent in failing to repair and replace the old washing machine and as a result, you incurred $100 worth of "damages" by having to go to the laundry instead of doing it in your own home. Here's the catch -- YOU CANNOT WITHHOLD THE $100 FROM YOUR RENT WITHOUT YOUR LANDLORD'S PERMISSION OR WITHOUT A COURT ORDER. In Maryland, it is illegal to just unilaterally withhold rent without a court order or the consent of the landlord. If the landlord agrees, get it in writing so he cannot later claim you under-paid your rent and thereby defaulted on your lease! If the landlord doesn't agree, you will have to go to Magistrate Court (small claims) to attempt to recover your losses.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Read more
Answered on 11/03/10, 5:32 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Maryland