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I am following up on a tenant/landlord issue that Lori was…

Good morning, I am following...
Good morning, I am following up on a tenant/landlord issue that Lori was helping me with. The problem has grown. I explained to Lori that the landlord was in violation of the Department of Environment Lead Paint certification. The property failed the state inspections. The landlord has been unwilling to do any kind of repairs to the property. This notice was sent to them in January 2018. Also the property is not legally licensed as a MFD(multifamily dwelling). I informed the landlord that the rent would not be paid until the lead paint issue is resolved. As of today nothing has been done. Presently the landlord has put the eviction process in motion. I need to know if I will need legal representation when the eviction hearing come up. I am also interested in filing a counter suite against the landlord for poor living conditions and the two violations I have stated. Is this something I can do.
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Answered in 1 hour by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability if the place has lead paint and is not licensed. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You usually don't need legal representation at these hearings as most people are unrepresented in these cases, but you're welcome to hire one to present your defenses for you. You could also file a countersuit against the landlord for a breach of the implied warranty of habitability as well.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 26 days ago
Thanks for the good info. Do u know how many days the state of maryland has to seve the eviction notice. I think they are going to spring something on me 1st of april. Does court hearing come first. Should I file a countersite.

You're welcome! They can serve a 30-day eviction notice unless the tenant has done something to violate the terms of the lease. Then it's 14 days. Usually, they have to give notice, wait to see if you move out, then file a lawsuit. Then, when you get the lawsuit, then you can file a countersuit. You could also file your own lawsuit before they file theirs as well on your own if you would like,.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 26 days ago
The landloard is saying if I pay the back rent they will have a hold put on the eviction. But they have not complied with the states demand to repair the lead paint issue. Should I just wait it outand not pay. FInally the lease ends in june if evicted in april am I responsible for may and june rent. Thx

I think that you shouldn't pay until they fix the property. A court would not like what they're doing and they probably know this (or if they don't, they're making a huge mistake). The landlord can't even have you physically removed anyway from the property so you're in good shape.

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Customer reply replied 26 days ago
One last question if evicted does the tenant have to pay for the remaining months. My lease ends in june 2018.Thanks again I will follow up and get busy on these suggestions.
The answer to your question is no. Once they are evicted they are no longer liable for the remaining months.
Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 26 days ago
Got another question. Would it be wise for me to file a compliant to health department (lead paint) and housing code enforcementfd(no license for renting) or save that for court.
I think it would be wise. This way you can get confirmation that it's a violation before you go to court.
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Customer reply replied 24 days ago
Goodday this is mr.white again. I have a couple of questions. When filing a countersuit do you do it before or after the eviction hearing. Do I got to civil or small claims court and last is there a cap on the amount you can sue for in this kind of case.
Customer reply replied 24 days ago
Did u see my last questions
Hello. You can do it before or after the eviction hearing, but it's best to do so before the hearing. It's likely small claims court which is a civil court. 5k is the limit
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Customer reply replied 24 days ago
Thanks
You bet! Would you mind providing me a five star rating today?
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Customer reply replied 16 days ago
Maybe you can help me. Is there a court website that shows pending eviction hearings for baltimore city.

Yes. You should check the civil court in your county because that is where the action has to be brought. Search for your name or the name of the landlord. Regardless, if you were being sued, you'd have to be notifeid so you would know for sure.

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Customer reply replied 16 days ago
Thanks you have been a great help.

It's no problem at all.

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