The Tenant Safety Act of 2024 established that every rental property offered for lease is deemed to be fit for human habitation. The relief available to tenants as part of this law is similar to rent escrow. Unlike rent escrow, a tenant seeking relief under this law does not have to pay rent into an escrow account. Learn more about rent escrow.
Read the Law: Md. Code, Real Property § 8-212
Habitability
In the law, "fit for human habitation" means that a rental unit is free from serious conditions or defects that are, or could become, a fire risk or a serious danger to the health, safety, or lives of the people living there if not quickly fixed. Rental units must remain fit for human habitation from the beginning to the end of the lease.
When a tenant discovers a serious defect or condition, they should notify the landlord right away. The warranty of habitability requires one of these forms of notice:
- written communication sent by certified mail listing the defect or condition
- actual notice of the defect or condition (meaning the landlord has seen the dangerous condition)
- a written violation, condemnation, or other notice from an appropriate government agency identifying the condition or defect
Notice
These are the same types of notice requirements found in the rent escrow law. After the landlord is made aware of the condition, they must fix the problem within a reasonable period of time. The repairs must be made even if the tenant is behind on the rent.
If the landlord does not fix the problem, the tenant may do one or both of the following:
- bring a lawsuit for damages and the abatement of rent against the landlord
- refuse to pay rent
Frequently Asked Questions
What is the difference between the Warranty of Habitability law and the Rent Escrow law?
The two laws are similar and they can be used at the same time. The general rule is that the Warranty of Habitability law looks backwards (provides relief to the tenant for having lived in poor conditions), while Rent Escrow looks forwards (provides court oversight of repairs while a tenant continues to live in the unit.) However, there are times when you might want to bring only one or the other.
Example Scenario:
John’s hot water goes out on January 1 due to a faulty boiler. He notifies the Landlord of the problem, but the Landlord does not fix it. On February 1, John refuses to pay rent, and the Landlord files for eviction. The hearing is scheduled for March 1.
Example 1: On March 1, the hot water is still not fixed. John can defend his eviction on either the Warranty of Habitability law or the Rent Escrow law, or both.
Example 2: Same situation as above, except that on February 28, the Landlord installs a new hot water heater. John does not have a claim for Rent Escrow anymore, but can ask for actual damages, a reduction in his rent, or the termination of the lease based on the Warranty of Habitability for the previous two months without hot water.
What if the tenant provides notice and then stops paying rent?
The landlord may then bring a lawsuit for failure to pay rent. In courts, the tenant can raise the presence of the defect or serious condition.
Does a landlord have any defenses or reasons why they refuse to fix the problem?
A landlord may have a defense if the damage was caused by the tenant, tenant's family, or social guest. Another defense available to the landlord is if the landlord, or their agent, was not allowed into the rental unit to fix the problem.
If the tenant files a lawsuit, what can happen?
After a hearing, the court will make findings of fact. If appropriate, the court may order any of the following:
- an award of actual damages
- an abatement (reduction) of rent due or unpaid
- termination of the lease, return of any unused portion of a security deposit to the tenant, and relocation expense for a tenant
What about problems that affect an entire building of rental housing?
The law also allows multiple plaintiffs to join in a single lawsuit against a landlord.
What does the law say about attorneys fees and court costs?
If a court orders any relief to a tenant, the court can also award reasonable attorneys fees and costs, and expenses related to the lawsuit. If a court finds that the lawsuit brought by the tenant was in bad faith or without substantial justification, the court may award the landlord reasonable attorneys fees and costs, and expenses related to the lawsuit.