Legal Question in Real Estate Law in Maryland

landlord and tenant question

I signed a lease in Maryland from 1/1/01 thru 6/30/01, with a security deposit for a house. When I first moved in there was a problem with the water - I called the landlord and we found out it needed a new well, the well was not put in until 1/16 (I have the sale slip), they tested our water and we were advised not to drink or bath till 3/28 (I have copies of the reports and were sent to landlord). We found other things wrong around that time, I called the landlord and told him. He did not respond to my problem but instead tried to push harder to collect the rent, we move out of the house and the landlord is suing for 2 future months rent and refusing to give back my security deposit. Before we moved out I had the Health Department come out and inspect the house - he sent certified a letter stating the house is not up to code, non-livable, and the property is not to be rented out until compliance with the codes (which I have a copy of), he had 14 days from the date on the letter to comply and he has done nothing. The questions I have are -Do you suggest anything? Are constructive eviction, warranty of habitability, and Quiet Enjoyment all factors to my case?


Asked on 4/27/01, 8:28 am

1 Answer from Attorneys
David Lease Smith, Lease & Goldstein, LLC

Re: landlord and tenant question

The facts you have set forth would establish a strong defense to your landlord's lawsuit. Providing potable water is required for residential rental properties. The other housing code violations only strengthen your defense. Your defense of constructive eviction would relieve your from paying rent after you vacated the property.

Additionally, you may be able to offset any rent paid to the landlord due to his breach of the covenant of quite enjoyment. You would need to show how the value of the leased property was decreased by the landlord's breach. It could be argued, that the lack of useable water made the property valueless.

Both of these defenses could also be brought as a counterclaim and would allow you to recover any damages you suffered. You should also seek the return of your security deposit. In Maryland, if a landlord wrongfully withholds your security deposit, the court can award up to three times the deposit plus your attorney's fees.

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Answered on 6/18/01, 2:04 pm


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