Legal Question in Real Estate Law in Maryland

Rights of tenant (if any) under oral lease

My situation is very complicated, but I will try to be brief. My husband and I agreed to move into a rental property with the stipulation that we were to repair the place (it was uninhabitable before--an ancient mobile home with holes in the walls, dangerous electrical problems, etc.) Our landlord was supposed to pay for repairs, and we weren't to pay rent, until it was completed. Halfway through renovations, our landlord stated he was ''out of money,'' (he is a state senator) and refused to pay for any further repairs. Three years later, we are being evicted due to the repairs not being completed in a timely manner, and lack of rent paid (we've been paying rent now for 6 months, even though the place isn't yet fully repaired). All of this was under a verbal agreement, so do we, as tenants, have any rights at all? We have before and after pictures of the property, if that would help in a court of law.


Asked on 4/27/01, 4:11 am

1 Answer from Attorneys
Alton Drew Alton Drew, LLC

Re: Rights of tenant (if any) under oral lease

In general, verbal contracts are enforceable. The difficulty arises in proving them because they were not memorialized in writing. If I am following you correctly, the terms of the contract were that you would repair an uninhabitable trailer in exchange for the right to live in the trailer rent free plus be reimbursed for the repair costs. Upon completion, you would enter a traditional rental agreement where you would tender the landlord his rent. From the facts you have given, it sounds like the landlord breached the contract first. A couple other questions would have to be answered especially given that you remained on the property for three more years but appear to have only paid rent over the last six months.

As tenants you do have rights under a verbal contract but we will need to flesh out more of the facts. Please feel free to call me.

Read more
Answered on 6/19/01, 12:45 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland