Maryland Statewide Rule
Maryland Rent Escrow for Dangerous Defects (Real Property § 8-211)
Key Facts
- Trigger
- Defects threatening life, health, or safety
- Tenant notice
- Certified-mail written, oral, or government notice
- Repair window
- >30 days presumed unreasonable
- Remedy
- Pay rent into court; abatement; repair order
- Statute
- Md. Code, Real Property § 8-211
Summary
Maryland's rent escrow statute lets tenants withhold rent into court when serious defects threaten life, health, or safety. Under Real Property § 8-211, after written or other proper notice the landlord gets a reasonable time to repair; more than 30 days is presumed unreasonable, after which the tenant may bring a rent escrow action.
This section provides a remedy and imposes an obligation on landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including: (1) Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant's failure to pay the charges; (2) Lack of adequate sewage disposal facilities; (3) Infestation of rodents in two or more dwelling units; (4) The existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or (5) The existence of any condition which presents a health or fire hazard to the dwelling unit.
Full Breakdown
Md. Code, Real Property § 8-211 covers conditions that "present a substantial and serious threat of danger to the life, health, and safety of the occupants," such as lack of heat, light, electricity, or hot or cold running water (unless the tenant failed to pay), inadequate sewage, multi-unit rodent infestation, and serious structural or fire hazards. A tenant must notify the landlord by certified-mail written communication listing the defects, by actual oral notice, or by an official government violation notice. The landlord then has "a reasonable time" to repair, and "a period in excess of 30 days from receipt of notice is unreasonable" by rebuttable presumption. If repairs are not made, the tenant may "bring an action of rent escrow to pay rent into court," and the court may order repairs, abate rent, or appoint a repairer.
Violations & Penalties
Court may order the landlord to repair, abate or reduce rent, or place rent in escrow until conditions are corrected; remedies run to the tenant rather than as a fixed fine (Real Property § 8-211).
Frequently Asked Questions
Can I withhold rent in Maryland if my landlord won't make repairs?
What conditions qualify for rent escrow in Maryland?
Sources
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