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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm living in a home that was foreclosed on in March

Customer Question

Hello.
I'm living in a home that was foreclosed on in March of 2015. I had a lease through August 2015. The bank granted me 90 days past the 26th of March to stay. I provided them with a copy of my lease, per their request, and they demanded that I pay them rent as they are the new landlord. However, they refuse to assume the true role of landlord to make repairs where needed etc.and they will not reimburse me for money I spent on small repairs that were necessary to maintain a suitable standard of living. I've already paid some of my rent in advance to the previous landlord because I thought it would allow my longer tenancy (prior to the final foreclosure decision from the court). Please help! I don't want to pay twice of be forced out eArlier than legal. I'm in maryland.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.
The serious or dangerous conditions include:
•Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
•Lack of adequate sewage disposal; rodent infestation in two or more units.
•Lead paint hazards that the landlord has failed to reduce.
•The existence of any structural defect that presents a serious threat to your physical safety.
•The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable.
Here's a good link you can read: https://www.oag.state.md.us/consumer/landlords.htm#escrow
If you don't have the right to withhold rent and escrow the funds, you still can sue the new landlord for repairs and seek a judgment for the amount at issue.

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