Tenant-landlord relationships can be challenging. It can be quite difficult to deal with a deadbeat landlord in your apartment in Baltimore County. Whether it's a landlord who doesn't return your calls or a disagreement over what constitutes an emergency. A landlord who isn’t present will not be able to fulfill any of their responsibilities under the lease, such as maintaining and insuring the building.
This implies that the property may deteriorate, which can affect your rental experience. As a tenant, dealing with an absent landlord can often mean escalating issues with them. However, this has to be done in a unique way for it to be effective. Read along as this guide walks you through the process, along with other vital information.
Safe Housing Guidelines in Baltimore County
The Baltimore County Livability Code establishes the minimum safety and health requirements for residential buildings that the Baltimore County Department of Community Development enforces, aside from owner-occupied single-family residences. The structure must be kept clean, safe, without vermin,-free and must also remain in compliance with the Code before it can be rented out. If the property is unsafe, then code officials can issue a violation notice; that is, the property can be condemned, placarded, or the tenants can be ordered to vacate the property.
The owner of a rental unit must provide hot & cold running water, adequate heat of a minimum of 65 degrees Fahrenheit from October 15 to April 15 when the outdoor air temperature is 10 degrees Fahrenheit or warmer, electricity, light fixtures, and sewage disposal. If the owner does not provide these services to the tenants, the tenant may pursue rent escrow remedies.
The owner of a rental unit is also responsible for maintaining the property as part of their investment. Property owners are required to rodent-proof their property by eliminating all forms of pest infestations, such as cockroaches, and providing adequate means of mosquito control. Additionally, the owner must have properly installed smoke detectors in all units with fewer than four units that are directly wired into the electrical system. Each type of smoke detector must be verified every three years by a licensed electrician or a representative from the fire department.
Essential Documentation Guide
Reasonable Time Clause
The "reasonable time" frame landlords in Baltimore County have to remedy defects after receiving written notice is determined by the courts. Any delay beyond 30 days creates a rebuttable presumption of unreasonableness as defined by the Livability Code. This applies to all habitability issues, such as failure to provide essential services and structural violations, and allows tenants to pursue rent escrows if landlords do not remedy the situation within the timeframe established by the court.
Send the landlord a certified letter with the date of mailing. State any defects in the property and give them 30 days from the date of mailing to make the necessary repairs. Include pictures, videos, and written logs of everything wrong with the property, as well as your communication with the landlord after they receive the letter. Save all notices of violations from any county office as an additional form of documentation.
If the landlord does not make repairs by the end of 30 days from the date of your letter, you can file a rent escrow case with the District Court, citing serious defects as the basis for your claim and requesting a hearing within 15 days of filing. However, to prevent dealing with an absent landlord, work with a licensed property manager in Baltimore County MD.
Utilizing County Resources
Filing a Complaint
Tenants in Baltimore County can submit complaints about code violations or their experience dealing with an unresponsive landlord through the Baltimore County online permitting portal or by calling the Department of Community Development. The tenant should include in their complaint the property address, a detailed description of the problem, any photos of the problematic conditions, and a copy of any previous written notice they sent to the landlord. The inspectors will conduct an inspection of a property within days of receiving an emergency complaint about the lack of utilities and issue a citation to the landlord, specifying the timeframe within which the problem must be resolved.
You can check the status of your complaint online or by phone. If your complaint remains unresolved after 30 days, civil penalties or referral to court may be imposed. Good-faith filers of habitability complaints will be protected from eviction and rent increases for 6 months. To escalate a habitability complaint to rent escrow or small claims court, the complaint, along with any notice served by certified mail requiring "reasonable time", provides a stronger basis for filing in those venues.
What Qualifies as a Serious Housing Code Violation
The Livability Code identifies serious housing violations in Baltimore County as a "serious defect" that has the potential to create a fire hazard or pose a significant threat to the health, safety, or life of people unless corrected within a reasonable timeframe.
Once tenants provide a written notice to their landlord detailing the required repairs and their landlord fails to repair any defect within a reasonable timeframe, usually within 30 days, the tenant has certain options available to them through the use of rent escrows.
Major housing defects include a lack of hot or cold running water, heat, and electric lights. Other significant defects include improper sewage disposal, infestations of rodents or insects, and the presence of lead-based paint and other hazardous materials on the property, off which the property owner had prior knowledge.
Importance of Knowing Tenant Rights with Absent Landlords
Tenants in Baltimore County can utilize their knowledge of tenant rights to defend themselves against irresponsible landlords and ensure a safe and healthy living environment by opening a rent escrow account and having local authorities enforce their rights. If tenants are not educated about their rights, they may be subjected to severe conditions, such as a lack of heat in the winter or dealing with pest problems in the apartment, which pose a health risk to them and can result in wrongful eviction from rental units.
If a tenant files a complaint with a county agency for violations of the livability code, the tenant will receive six months of protection from eviction, rent increases, or loss of essential services, regardless of whether the landlord has remedied the violation. During this time, the landlord must provide proof of "good cause" in order to take any action.
Learning about tenant rights will help tenants file for rent escrow in the District Court. Tenants can also obtain police reports regarding the termination of essential services and pursue criminal charges against a landlord for their actions. Additionally, tenants can request that counties inspect properties for compliance with state policies to prevent neglect.
A landlord’s absence can create challenges for tenants. One such challenge is the landlord’s lack of oversight or accountability. As a result, a tenant may feel compelled to escalate their issue with the landlord. However, if a tenant escalates the issue correctly and uses the proper channels, it will be effective. For example, if a tenant has a complaint, they should notify the appropriate authorities and register their complaint accordingly. Tenants should be aware of their rights in this scenario, and escalation of an issue only has meaning if it leads to a positive solution for the problem at hand.
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