Implied Warranty of Habitability in Maryland

Every state has some version of an implied warranty of habitability, which guarantees a renter the right to things like hot water and electricity—basically, everything necessary to keep a residence safe and habitable. This warranty is in every lease, whether specifically stated or not, and it can't be waived by the landlord or the tenant. The Maryland code lays out a warranty of habitability that, unlike most other states, explicitly mentions several issues it does not apply to.

Maryland's warranty of habitability is relatively specific

Maryland’s statute¹ is fairly detailed and lists examples of the kinds of problems that would and would not be covered by this warranty. Some examples of the covered issues include the following:

• Lack of heat, electricity, or running water
• Lack of functioning toilets
• Serious structural defects that present a real possibility of harm
• Rodent infestation
• Anything that would cause a serious health or fire hazard

This list is not meant to be comprehensive—other issues could be covered by the warranty, as well. For example, a court in Maryland determined that the presence of lead-based paint in an area that was accessible to children was a violation of the code.²

Maryland's warranty also includes a list of things that are not covered

Maryland's code takes the unusual step of listing some issues that are not covered by the warranty.³ These include:

• Aesthetic issues such as worn-out rugs, carpets, and paint
• Small cracks in the walls, floors, or ceilings
• Absence of linoleum or tile
• Absence of air conditioning

Since it gets quite hot in Maryland during the summer, chances are the final point simply refers to apartments without air conditioning—not a malfunctioning air conditioning system, particularly if it was advertised as an amenity when a tenant signed their lease.

It’s also important to note that both the statute and Maryland case law⁴ require that the lack of heat, electricity, or water cannot be caused by a tenant's failure to pay the bill. Otherwise, the situation is not considered a breach of the warranty.

Tenants must inform their landlord of the breach

To legally remedy the situation, a tenant must first notify their landlord of the breach of the warranty. This notice may be delivered in three ways:⁵

1. A letter sent by certified mail that lists the problems with the rental unit
2. "Actual notice" of the problems (for instance, a tenant hand-delivers a letter detailing the problems to their landlord)
3. A written notice from a local government agency stating the conditions that are in violation of housing codes

Landlords generally have a maximum of 30 days to make a repair

Once the notice has been delivered, a landlord has a "reasonable" amount of time to make the necessary repairs. What's considered "reasonable" will vary based on the facts of the case and takes into account "the severity of the defects or conditions and the danger which they present to the occupants."⁶ A repair would need to be made quickly if a broken pipe was spraying water all over a tenant's apartment, for instance.

For less time-sensitive issues, the law presumes that repairs should be made within 30 days of notice. However, a landlord can make a case to the court that 30 days wasn't enough time.

Tenants in Maryland have several options if the landlord won't make a repair

If a repair hasn't been made within 30 days, tenants in Maryland have a few different ways they can remedy the situation. They can stop paying rent to the landlord, and instead pay that money into an escrow account with the court. Tenants may also claim constructive eviction and break their lease. However, in order to do so, a landlord’s conduct would have to be particularly egregious.

Related articles

[1] Maryland Code, Real Property § 8-211(e)

[2] Fishkind Realty v. Sampson, 508 A.2d 478 (Md. 1986)

[3] Maryland Code, Real Property § 8-211(f)

[4] Legg v. Castruccio, 642 A.2d 906 (Md. Ct. Spec. App. 1994)

[5] Maryland Code, Real Property § 8-211(g)

[6] Maryland Code, Real Property § 8-211(h)