Legal Question in Real Estate Law in Maryland

Usable space

I rent a 3 story town home from a "now" former friend. 1 month after signing a lease we were informed the 1st floor would have foundation leaks. For two years we have kept our 1st floor empty because of leaks. After being told this would be fixed for the last 2 years we finally reported the landlord, he is in the very slow process of fixing the leaks. (Sup Pump and drane) Do we have any right to sue to recoup 1/3 of the rent we have paid, since we have not been able to use the 1st floor?


Asked on 8/28/99, 2:20 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Usable space

You may have waited too long to try and recoup your rent. It would have been better to have tried to negotiate a rent adjustment when it became clear that the first floor would not be usable for an extended period of time. However, you have nothing to lose by trying to renegotiate now. If you are willing to stay, offer a lower future rent in recognition of the fact that you have been denied use of the entire property. A reasonable landlord should be receptive, since if you move he'll have a hard time re-renting the place in its present condition.

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Answered on 8/30/99, 4:23 pm


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