Legal Question in Landlord & Tenant Law in Maryland

Very good question. You hit the nail on the head when you use the word "habitable" at the end of your question. Here's what I would do if I were standing in your shoes--

1.) Stop reporting it orally and start reporting it in writing. Send the letter via certified mail so you can have proof that the letter was received. Your first letter to the landlord could start with something like "Please allow this letter to follow up my 8 in-person, oral complaints about the uninhabitable condition of our 3rd bathroom. You have had _______ number of months since our first complaint to fix the problem and so far you have failed to do so."

2.) Call the local housing authority. Under a law that was passed by the Maryland General Assembly in 1986, every county in the state must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City already have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaints and, if the landlord is cited for violations, repairs will have to be made.

3.) Continue to pay your rent, but bring your landlord to Court. Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.

The serious or dangerous conditions include, but are not limited to:

* Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.

* Lack of adequate sewage disposal; rodent infestation in two or more units.

* Lead paint hazards that the landlord has failed to reduce.

* The existence of any structural defect that presents a serious threat to your physical safety.

* The existence of any condition that presents a serious fire or health hazard.

Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.

In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by providing actual notice or by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.

The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.

Before an escrow account can be established, the court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. Once the escrow account is established, you must continue to regularly pay rent into this account.

Baltimore City has a rent escrow law that is very similar to the state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where such a rent escrow law has been adopted, you must follow procedures required in the local law for setting up an escrow account.

Of course, your best option is to hire a Maryland real estate attorney who handles landlord/tenant cases and let him get this taken care of quickly for you. Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******