Landlord Negligence- Multiple Issues

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k9handler

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We have been renting a SFH since Feb 2009. Our lease has several bullets specifying issues like vermin and so on. When we viewed the house prior to signing the lease, the previous tenant was still living at the house and everything was fully decorated. In hindsight, we should have requested to view the house without all the previous tenants belongings present.

Upon moving in, We made note and informed the landlord of the following:
Rodent infestation, Ants, a few roaches, heavily molded basement, a water pocket in the floor if the tub, and neglected trees on the premises.

The landlord did not address any of the above even though it was written in the lease that any vermin found in the first 2 weeks were her responsibility.

Over the last 6 months we pleaded to have the tub repaired, the trees trimmed and other repairs, to no avail. Finally 9/09- the landlord sent her husband and a plummer to drain the tub and consulted an exterminator. To our knowledge, the tree experts did not remove any of the dead branches, two of which fell on my husbands new car, and my car as well.

At one point we had 2 leaks in the basement from old pipes. Instead of hiring certified repairmen, she hired two men who had no certificates and were not qualified as plumbers. They messed up the piping so badly that when the landlord actually called in a plummer, he was really upset and frustrated. With the leaking, came even more mold. The landlord denied our request for remediation, and sent us a shop-vac and a fan.

We have had other issues like the door rotting and being replaced by a hollow wood door.

No matter how much we complain or research state law, our landlord does not seem to care. A few weeks ago, our landlord brought over an electrician in response to our complaint of being shocked. She did not provide 24 hrs notice and just walked in with him. She then continued to call us stupid and accused of being liars to our faces and in front of the electrician.

All personal issues aside, the landlord has neglected some very serious complaints and still has not addressed them. Our lease is up in 3 months ans we are NOT renewing the lease. So much was wrong with the house and we have suffered so much.

What can we do? Is the landlord responsible for violating the lease agreement? Is she negligent for not taking care of the dying tree branches and the mold?
 
YES on all counts. Document everything, I hope you have so far. Send the landlord 30 day notice at the beginning of the month instead of rent and in the notice tell her/him they have refused to fix potentially hazardous problems and you are leaving. At the end of the month leave. Your security deposit will be kept, but you didn't have to pay that month's rent. I realize this isn't the best legal way to handle it, but when and if they sue you in court, you will prevail. You only have a max exposure of 2 months rent and a judge isn't going to give them that. Stick it to them.
 
Gail really knows what she is talking about. I only advised the way I did because you are so short on your lease. Do what you are comfortable with...
 
My husband and I took pictures of almost everything and kept all the e-mails. Our landlord refuses to use a phone for anything! So she has made a paper trail easy.

She also has over 5 properties, I read something about her being considered a slumlord.

I deal with dogs and corporate rules, all of this is so foreign to me, so I apologize in advance for any stupid questions!
 
I also forgot to mention that our landlord and her husband have sued and been sued regarding leasing issues, and the husband has several criminal charges against him. Thank you maryland judiciary case search!

So they know, or should know how leasing works.
 
Gail's advice not withstanding I would do it my way. That way they have to go through the time and expense of suing you and you are out with only 2 month's exposure in that suit. You bring your evidence and since you are already out of the property with only 2 months left on the lease a judge has little to decide. Take very good detailed pictures of the condition of the property after you pack your things. You will be accused of several thousand dollars in damages: count on it.
 
as an update..

The landlord never repaired any of the above. We moved out Jan31 2010. I personally left the house in amazing condition, and it was cleaner then when we first moved in.

Out landlord did not return the deposit. She is claming a ton of damages and that we left things in the house. They are all untrue.

I found online that she had 45 days to send a letter via certified mail listing the damages, and actual estimates. She has not done that and its been over 50 days.

I also saw that she is liable for 1.5% per 6 months she has held the deposit, and can be liable for three times the deposit amount.


I have pictures of the vermin and mold, as well as numerous emails documenting everything. The landlord refused to speak with us by phone and i have my phone record to prove that I called her. ( she even lived across the street).

Is it worth getting an attorney and getting our money back?
 
It depends on how much money you're talking about. In Maryland monetary lawsuits up to $5000 can be heard in Small Claims court; this court does not require that you have an attorney present.

You would represent yourself and since you seem to have adequate documentation on the issues and attempts to get the landlord to address these your own fees would be filing fees.

Gail
 
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