Legal Question in Real Estate Law in Maryland

leasing law

A friend just moved to Maryland and found a studio that he liked and subsequently signed a lease for 1 year. The first night he stayed in the room, he could not sleep because of the other tenants socializing in the lobby right outside of his door, the main entrance door slamming shut, and the traffic outside. The landlord offered to rent him another efficiency, but the other efficiency is much smaller and in a worse area. However, these are his only two options, according to the landlord. Is there any legal action he can take due to the landlord's failure to disclose the issues of the noise, which is probably why the previous tenant moved out, and due to the fact that the landlord is unwilling to remedy the situation in any real way, aside from offering the poorly located alternative studio?


Asked on 7/21/04, 3:17 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: leasing law

There is an implied covenant of quiet enjoyment that every tenant is entitled to for residential property. On the other hand, it sounds like your friend might have anticipated such a problem when he saw the layout of the premises. Your friend might write the landlord a letter advising him that unless he's willing to enforce some noise regulations in the common areas, he'll consider the landlord to be in breach of the covenant of quiet enjoyment and will terminate the tenancy within 30 days. If he vacates and gets sued for back rent, he can raise that defense in court.

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Answered on 7/21/04, 3:34 pm


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