Maryland · Repairs and Unsafe Conditions
Landlord Won't Make Repairs in Maryland: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Maryland.
You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.
Maryland law gives you ways to push your landlord to fix serious problems in your home. This page explains what must be fixed, how to give notice, and what you can do if your landlord does not act. It also covers what can happen if your case goes to court.
What your landlord has to fix
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Maryland's repair law applies to every rented home used for living anywhere in the state. This is true whether the home is owned by the government or a private landlord. It is true whether the home is a single house or one of many units in a building. It does not apply to a farm home you rent as part of farm work.
Source:Tip.Take photos of each problem, with the date. Take more if it gets worse.
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Maryland law requires your landlord to fix a lack of heat, light, electricity, or hot or cold running water in your home. This does not apply if you pay for that utility (water, electric, gas) yourself, and it was cut off because you did not pay.
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Maryland law also requires your landlord to fix a home with not enough working toilets or drains. It also requires fixing rats or mice living in 2 or more homes in the building.
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Maryland law also requires your landlord to fix a serious safety problem with the building itself. It also requires fixing anything that is a fire risk or a health risk.
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Ask in writing
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Before you can use Maryland's repair law, you must first tell your landlord about the problem. You can send a letter by certified mail describing the problem. You can also give notice in any way that actually reaches your landlord. You can also give your landlord a copy of a written notice about the problem from a state, county, or city government agency.
Source:Tip.Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.
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After you give notice, your landlord has a reasonable amount of time to fix the problem. A judge decides what counts as reasonable based on how serious and dangerous the problem is. Maryland law assumes, unless your landlord proves otherwise, that taking more than 30 days from when you gave notice is too long.
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If it is still not fixed
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Maryland's law letting you pay rent into court applies across the entire state. If your city or county has its own local repair or rent rule, it can give you more protection than state law. It cannot give you less. Check your city or county's guide for any local rule that applies to you.
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If your landlord does not fix the problem within a reasonable time, you can ask a court for help. Maryland law lets you pay your rent into the court instead of to your landlord. This is called a rent escrow case (paying rent to the court instead of your landlord). You can only use this option if you gave proper notice. You also cannot use it after 3 eviction judgments (court decisions giving your landlord the home). This counts ones for unpaid rent in the past 12 months. That limit is for monthly rent. If you pay rent weekly, the limit is more than 5 such judgments. It is 3 if you have lived there 6 months or less.
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Instead of filing first, you can wait and raise the problem as your defense in court. Your landlord might sue you for unpaid rent or to remove you from your home. If the court does not agree the problem was serious enough, you can still owe the back rent and be removed from your home. You also cannot use this defense after 3 eviction judgments (court decisions giving your landlord the home). This counts ones for unpaid rent in the past 12 months. That limit is for monthly rent. If you pay rent weekly, the limit is more than 5 such judgments. It is 3 if you have lived there 6 months or less.
Sources:Your landlord can take you to court.If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.
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Once the court is holding your rent, a judge can order that some or all of that money go toward repairs. The court can send the money to your landlord, to you, to another person, or to an agency, so the repairs get done. The court can also appoint someone to manage the repairs and pay for them from that money.
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If your landlord makes no repairs, or no good faith (honest) effort to fix them, the court can pay you back. This can happen if 6 months have passed since the court first ordered your rent paid into court, if you ask. Your landlord can ask a judge to pause that order while they appeal.
Source:Money is not automatic.Where this page says a court can award you money, you get it only if you win your case and your landlord pays.
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If a court rules for you after you paid rent into court over a repair problem, you can get back reasonable lawyer fees. You can also get back other reasonable costs of the case.
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Maryland law protects you if you complain about a serious problem in your home. You must give your landlord or a government agency written or actual notice about the problem. The notice must be a good faith complaint that the problem seriously threatens your health or safety. Because of that complaint, your landlord may not start or threaten an eviction case, unfairly raise your rent, or cut your services. Because of that complaint, your landlord may not end your rental if it has no fixed end date. This protection does not apply if your landlord's action happens more than 6 months after your complaint. You must also be paid up on rent, unless you are legally holding back rent.
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