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Amber E.
Amber E., Attorney
Category: Landlord-Tenant
Satisfied Customers: 1482
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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I have called my rental office twice and worked over and

Customer Question

Hello.....I have called my rental office twice and worked over and spoke to someone in the office 3 times about a leak in my bathroom that's causing mold and the ceiling to tear. So now I want out of my lease because the first phone call was made on March 28 2017 and now I have a leak in the living room and plus I went to the hospital for breathing problems ...... So I can break my lease for the apartment not being safe for me to live in ???
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Temple Hills Maryland
JA: Has anything been filed or reported?
Customer: I informed them of the leak 5 times
JA: Anything else you want the lawyer to know before I connect you?
Customer: I really just don't want this apartment to go on my credit history that why I need help as far as what I should do . I pay my rent every month I just tired and it's about to be two months and they still haven't fixed the problems yet and this is the second water problem I have had
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Amber E. replied 3 months ago.

Good morning,

Landlords are obligated to provide what we call "habitable housing," meaning housing that is up to local and state housing codes. When conditions pose a "health hazard," courts generally find that the tenant has been “constructively evicted” and will allow them out of the lease obligation. Maryland law (Md. Code Ann. [Real Prop.] § § 8-211, 8-211.1) sets out the specific requirements for the procedures you must follow before moving out because of a major repair problem. There are quite a few, so I won't list them here, they are pretty self explanatory. BUT, key among these procedures is providing written notice of the defect. Unfortunately, this is the step many don't know to make as many tenants believe verbal notification is sufficient, but proper procedure generally requires written notice as described there.

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