When The Landlord Will Not Fix It
Real Prop. § 8-211 — rent escrow for dangerous defects, and a presumption that 30 days is too long
Maryland's rent escrow law reaches defects that are a fire hazard or a serious and substantial threat to the life, health or safety of the occupants: no heat, light, electricity, or hot or cold running water (unless the tenant pays the utility and it was cut off for nonpayment), inadequate sewage disposal, rodents in two or more units, a dangerous structural defect, or any condition that is a health or fire hazard. It does not reach defects that only spoil the look of the place, small cracks, missing floor covering, or the absence of air conditioning.
Notice, then a reasonable time. The tenant notifies the landlord by a certified letter listing the defects, by actual notice, or through a written violation notice from a government agency. The landlord then has a reasonable time to repair, a question of fact for the court, and more than 30 days from receiving notice is presumed unreasonable.
If the landlord refuses or fails to repair within a reasonable time, the tenant may bring an action of rent escrow and pay the rent into court, or refuse to pay rent and raise the defects as a defense when the landlord sues for rent or possession. Relief depends on paying the rent the lease requires into court, unless the court changes the amount. A tenant is presumed entitled to have a request for rent abatement decided. Among the orders the court may make, alone or together:
- End the lease and return the unit to the landlord, subject to the tenant's right of redemption.
- Reduce the rent by an amount fair for the conditions found.
- Order the landlord to make the repairs.
- Pay escrowed money out for repairs, or to the tenant if no repairs or good faith effort to repair are made within 6 months of the escrow decision.
The remedy is not available to a monthly tenant with three judgments of possession for unpaid rent in the 12 months before the action, and it is a defense that the tenant or the tenant's household or guests caused the defect, or that the landlord was denied reasonable entry to repair. A tenant who obtains relief may recover reasonable attorney's fees and costs. If the landlord still has not repaired within 90 days after the court finds the conditions exist, the tenant may ask the District Court for an injunction.
Sources for this section (1)
- Md. Code, Real Prop. § 8-211 — Rent escrow for dangerous conditions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.