RENT ESCROW: WHEN THE LANDLORD FAILS TO MAKE REPAIRS
Q. During the winter months there was very little heat in Sally's apartment. After calling the landlord several times about the problem, she sent a written complaint that was ignored. Sally then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. Can Sally stop paying rent until the landlord fixes the problem?
A. No, if she stopped paying rent the landlord could evict her. However, Sally has the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the district court instead of paying rent to her landlord.
Q. During the winter months there was very little heat in Sally's apartment. After calling the landlord several times about the problem, she sent a written complaint that was ignored. Sally then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. Can Sally stop paying rent until the landlord fixes the problem?
A. No, if she stopped paying rent the landlord could evict her. However, Sally has the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the district court instead of paying rent to her landlord.
Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.
The serious or dangerous conditions include, but are not limited to:
- Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
- Lack of adequate sewage disposal; rodent infestation in two or more units.
- Lead paint hazards that the landlord has failed to reduce.
- The existence of any structural defect that presents a serious threat to your physical safety.
- The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by providing actual notice or by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.
The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.