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Working
For Justice In Housing
BALTIMORE CITY IMPLIED WARRANTY OF FITNESS FOR HUMAN HABITATION (Public
Local Laws 9-14.1, 9-14.2)
In
all residential leases in Baltimore City, whether oral or written, it is
implied that the landlord covenants and warrants that the dwelling
is fit for human habitation.
Dwelling means a structure or that part of a structure which is
used for or is intended for use as a home or residence by one person or
by two or more persons maintaining a common household.
Fit for human habitation means that the dwelling does not contain
conditions which endanger the life, health and safety of the tenants,
including, but not limited to vermin or rodent infestation, lack of
sanitation, lack of heat, lack of running water, or lack of electricity.
In
the first thirty (30) days of occupancy,
a
tenant may exercise any remedies available by law.
In addition, the tenant is entitled to the following remedies if
they are exercised within thirty (30) days of occupancy:
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An action or proceeding
for breach of contract or warranty.
In the action, the tenant may ask the court to rescind the
contract, i.e., declare the contract void, and may ask for other
remedies.
-
Rescission of the
contract including the return of all deposits and money towards rent
during the period of breach.
-
The landlord must receive
notice of the conditions that constitute the breach of the warranty of
habitability by one of the following means:
-
from the Department of
Housing and Community Development or any other municipal or governmental
agency or
-
a letter from the tenant
or his agent to the landlord by certified mail or
-
actual notice of the
conditions.
If,
in bad faith, the tenant or his family member, invitee or agent has
refused entry to the landlord or the landlord’s agent so the landlord
has not been able to make repairs, the tenant shall be responsible for
the landlord’s counsel fees and court costs.
Likewise, if the tenant or his family member, invitee or agent
has caused the conditions which are alleged to exist, the tenant will be
responsible for the cost of repairs.
The
provisions of this section cannot be waived.
After
the first thirty- (30) days of occupancy, the
implied warranty of fitness for human habitation continues.
However, the definition of fit for human habitation is
somewhat different. Now, fit
for human habitation means “the premises shall not have any
conditions which endanger the life, health and safety of the tenants
involving vermin or rodent infestation in two or more units, lack of
sanitation, lack of heat, lack of running water, or lack of electricity,
except where the tenant is responsible for payment of the water and
electric charges and where lack of water or electricity is the direct
result of the tenant’s failure to pay the water and electric
charges.”
After
the first thirty (30) days of occupancy, if a tenant’s dwelling
becomes unfit for human habitation the tenant may bring an action for
breach of the warranty of habitability or raise the breach of the
warranty as a defense in a landlord’s action for summary ejectment or
distress (actions in which the landlord seeks judgment for nonpayment of
rent) if:
·
the landlord has notice
of the conditions which constitute the breach of warranty and
·
the landlord has a
reasonable time after notification “to restore a dwelling to a state
fit for human habitation if the landlord pursues the work of restoration
with diligence and without culpable delay.” If the landlord and tenant
dispute what constitutes a reasonable time, it will be a matter of fact
to be decided in court. There
is a rebuttable presumption that it is unreasonable for a landlord to
take more than thirty (30) days to restore the dwelling to a state fit
for human habitation. Upon
completion of repairs the landlord shall notify the tenant or the
Department of Housing and Community Development in writing.
The
court may award damages to the tenant retroactively to the date of the
landlord’s actual knowledge of the breach of the warranty.
Damages shall be “the amount of rent paid or owed by the tenant
during the time of the breach less the reasonable rental value of the
dwelling in its deteriorated condition.”
If
the conditions are caused by the tenant, a member of his family or
visitor, the tenant will be responsible for the cost of the repairs and
the cost shall be collected as rent.
Therefore, the landlord will be able to seek payment for the
repairs in a summary ejectment action or action for distress.
Legally Reviewed
- BNI. Last Update - March 2001
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