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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  16 years real estate, Realtor. Landlord 26 years
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Is it legal for my landlord to refuse hot water because we

Customer Question

Is it legal for my landlord to refuse hot water because we haven't had the trash picked up yet?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Maryland
JA: Has any paperwork been filed?
Customer: No it's only 3 bags of trasg
JA: Anything else you want the lawyer to know before I connect you?
Customer: Trash
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are you saying that the landlord turned off the water alleging that you as a tenant had to pick up trash?

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If not, how did he deny you hot water?

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thanks

Barrister

Customer: replied 10 months ago.
The hot water heater broke he put in a new one but refuses to connect it
Customer: replied 10 months ago.
This all starter from the septic tank being full and backing up in the house which he forced me to pay for so we lost everything in our basement and the remainder of trash is from that but we do not have a trash service so I have to pay someone to pick it up and that won't be until next week
Expert:  Barrister replied 10 months ago.

Ok, then that would be considered illegal retaliation by the landlord and you can sue him in small claims court for breach of contract and ask the judge to award you damages based on his illegal actions.

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A landlord has a legal duty to provide a habitable dwelling and if there is no hot water, then the property is considered to be legally uninhabitable. Under Maryland Code 8-211 the Landlord must repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of occupants, including, but not limited to:

· Lack of heat, light, electricity, or hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant's failure to pay the charges

· Lack of adequate sewage disposal facilities

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So you would have grounds to immediately file suit against the landlord and seek damages for his actions as well as paying to have the water heater connected and then deducting it from the rent or suing him for reimbursement.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister