What can I do to prepare for court against my landlord?

UPDATED: Jun 7, 2012

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What can I do to prepare for court against my landlord?

My landlord knew about the mold issue that I have for a month or so didn’t show signs of wanting to take care of the issue until I didn’t hand her the rent. Her workers are not licenesed to handle mold issue and she wanted her workers to look at the problem, I told her I needed a 24 hr noticed and she replied, “F… you”. I told my landlord to take me to court. When I moved in this place wasen’t lead inspected will that help me also.

Asked on June 7, 2012 under Real Estate Law, Maryland


Rebecca Coleman

Answered 10 years ago | Contributor

Maryland law requires a landlord to repair and eliminate conditions which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to life, health, or safety of the occupants. If the landlord fails to make the repair, you have the right to pay your rent into an escrow account with the district court, but you cannot just stop paying all together. There are very specific procedures you must follow, and you must give the landlord notice and time to make repairs. You must also file a "Petition of Action in Rent Escrow" form with the court (available on the district court's website). The court will then decide if the situation warrants creating an escrow account until the problem is fixed. You can and should do this before your landlord takes you to court to evict you.

As to the lead inspection, under Maryland law, your landlord should not be able to file an eviction action unless she has a current lead inspection certificate, but as long as she gets the certificate (even if it is after you move in) she will be able to file for eviction.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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