Legal Question in Real Estate Law in Maryland
fire exit blockage
I have a tenant occupying a top floor apartment in--name removed--building who has used the fire exit (formerly the backstairs when the building was a one family house) as a storage closet. When the housing inspector first noticed this last year, he gave--name removed--a written warning. I had the tenant remove the obstacles at that time. I have recently discovered and removed more items from this area and told the tenant not to ever do this again, as I am likely to get a fine if the inspector sees this violation again.
--name removed--question is, would I be liable if a fire breaks out and the tenant is unable to get out quickly because he has blocked the exit with miscellaneous items? How can I protect myself from liability, short of inspecting this space on a daily basis? Is this grounds for eviction?
1 Answer from Attorneys
Re: fire exit blockage
First of all, you should have the property insured against all risks including liability. Second, if the tenant is responsible for his own inability to exit the premises by his actions as you described them, he would be unable to hold you responsible since he was partly responsbile as well.
If your lease has appropriate provisions that prohibit the tenant from doing anything that compromises the safety of the building, or similar such language, he's in breach and subject to eviction.
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