Topics on this page
- Can my landlord evict me for complaining about conditions in my house or apartment?
- lf the unit is substandard and I move in anyway, have I given up the remedy of rent escrow?
- Suppose the landlord does not claim or accept my certified letter and it is returned to me from the post office, will this mean I cannot use the rent escrow law?
- If my landlord refuses to paint my apartment or house, can I use the rent escrow law?
- My landlord has sued me on several occasions when I was late with my rent payments. Will this stop me from using the rent escrow law?
1. Can my landlord evict me for complaining about conditions in my house or apartment?
No. Maryland Law prohibits the eviction of a tenant, threatened eviction of a tenant, or termination of a lease of any residential property, and prohibits arbitrary rent increases or decreases of the services to which a tenant is entitled, for any of the following reasons:
- If in the past 6 months you or your agent have filed a written complaint, or complaints, with the landlord or with any public agency or agencies against the landlord; or
- If you or your agent have filed a lawsuit or lawsuits against the landlord, or testified and participated in a lawsuit involving the landlord,in the past 6 months; or
- If you are a member or organizer of any tenants’ organization.
Read the law: Md. Code, Real Property § 8-208.1; 8-208.2
2. lf the unit is substandard and I move in anyway, have I given up the remedy of rent escrow?
No. If the unit was substandard when you moved in and you did not know of the defective conditions, no court will say you have waived or given up your right to use the remedy of rent escrow. If you move into the property and the landlord promises to make repairs to the property after you have moved in, no court will say that you have waived or given up your right to use the rent escrow law. The exception to this will be only in extreme cases where the tenant acts deceptively. The State’s public policy is against tenants living in substandard housing.
Read the law: Md. Code, Real Property § 8-211
3. Suppose the landlord does not claim or accept my certified letter and it is returned to me from the post office, will this mean I cannot use the rent escrow law?
No. It is suggested that you send one copy of your letter first class mail as well as certified mail - return receipt requested. Although the law states the letter must be sent certified mail, it does not and cannot force a landlord to accept the certified mail. If the certified letter is returned to you, keep it, and do not open it. Take it to court with you to show that you followed the law. If the first class letter was not returned, in all probability, your landlord has received notice of the conditions and you should be able to proceed with your case.
4. If my landlord refuses to paint my apartment or house, can I use the rent escrow law?
No. The rent escrow law can be used only for the repair of dangerous conditions or conditions which may become a threat to your life, health or safety if not repaired. You cannot use this law for the purpose of beautifying your premises or forcing the landlord to make minor repairs or repairs of a non-dangerous nature. Examples of conditions that are normally not covered by the rent escrow law include:
- Lack of fresh paint, rugs or carpeting;
- Small cracks in the walls, floors, or ceilings;
- Absence of tile on floors, if they are otherwise structurally sound; or
- Lack of air conditioning.
Read the law: Md. Code, Real Property § 8-211(f)
5. My landlord has sued me on several occasions when I was late with my rent payments. Will this stop me from using the rent escrow law?
Use of the rent escrow law is conditioned upon the court having not entered three or more judgments of possession for rent due against the tenant within the 12-month period immediately prior to the rent escrow action by the tenant or by the landlord, in cases where your tenancy is measured by a period of one month or more. If your tenancy is week-to-week, that is the you pay rent by the week, the court could not have entered more than five judgments for rent due and unpaid within the 12-month period immediately prior to the rent escrow action. If you are a week-to-week tenant that has lived on the premises for six months or less, you cannot use the rent escrow law if the court has entered three or more judgments for rent due and unpaid within the period of your tenancy. There are exceptions to this rule but where this situation arises, one should contact an attorney.
Read the law: Md. Code, Real Property § 8-211(k)(3) and (k)(4)
Rent Escrow Part 1: What is Rent Escrow? from the Maryland Courts
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Rent Escrow Part 2: The Rent Escrow Process from the Maryland Courts
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