Do I have a legal recourse to break my lease?

[jmartinezclark]

In March 2009, I signed a 2-year lease on a historic (built in 1920) apartment in downtown Baltimore. After I moved in, I discovered a non-evident defect in the leased premises; the heater system didn't get to a comfortable temperature (above 68 degrees) due to many air leaks in all doors and windows, and poor window insulation due to the age of the windows. The heater system never "cycled" (never turned itself off) and stayed "on" all the time; as a consequence, my first electric bill was $961.

I complained with the landlord, a professional management company, and it refused to take a definitive action to remedy the situation; after much complaining, the landlord accepted to pay for half of the electric bill as a one-time courtesy/consideration. Additionally, the landlord sent one of his maintenance workers to Home Depot to buy and install some basic weatherstripping tape around the windows; the work done was very unprofessional and didn't even cover the big air gaps in the doors and windows.

After I complained about the unprofessionalism of the job done in the premises, the landlord said that he would consider hiring a company to do a professional weatherstripping job in all the windows. A company came and gave the landlord an estimate for $2,000. The landlord refused to pay this amount and offered me to pay 50% of it so that the job could be done in the premises. I refused citing that it was his property and his responsibility to take care of this issue. I threatened the landlord with trying to use the Baltimore City Rent Court to obtain a Rent Escrow to have him pay for the necessary repairs. I even sent the landlord a certified letter giving him proper notice of the condition of the leased premises. A few days after the landlord received my notice, it accepted to pay the $2,000 to have a professional company do the weatherstripping job only in the windows. I complained saying that according to the US Department of Energy, weatherstripping only represents about a 10% savings on an electric bill. Other things, including a professional energy audit to determine leaks, changing the windows, etc. needed to be done to completely weatherproof the property.

I asked the landlord for a reduction in rent in lieu of the defects in the leased premises. The landlord refuses to reduce the rent or to do all the recommended repairs to weatherstrip the leased premises.

Upon further research, I read about the Maryland Reduction of Lead Risk in Housing Law and how the landlord had to have the property registered with the Maryland Department of Environment (MDE), which the landlord has failed to do since 2006. I also read that the landlord should have had the leased premises inspected for lead and should have given me a Lead Paint Risk Reduction Certificate before I moved in, which he failed to do.

Since I cannot afford to pay close to $1,000 per month in electrical charges to cool or heat the leased premises, it looks like my best option is to move out. Do I have a legal recourse to have the Baltimore City Court break this lease?

Thanks for any help!

 

[Michael Wechsler]

Your legal recourse, from my perspective, is constructive eviction. Essentially it means that your lease has been breached and you were forced to move out. This is typically done but there is risk involved. I've seen tenants not pay any rent given what is obviously an absurd problem and then force the landlord to take them to court and try to explain to the court why the landlord is justified. A $1,000 bill due to the landlord's defective heating system? From what I can see, they are required to maintain the heating system properly and this is a clear failure to do so.

There is also the issue of lead, which you may want to raise and the management company will know you're not an idiot and obviously will research and use the appropriate authorities as needed.

You may want to discuss this with the landlord first before moving out, since you have an existing dialogue. If there is an agreement, document it by sending a written letter to confirm your agreement.

If this were me, I'd try to find another place as soon as possible and give the landlord notice, especially if the dialogue goes nowhere. I'd send copies of the pictures of the windows and also detail the fact that the landlord should have given you notice of the significant problems that existed which he knew or should have known. I would say exactly what you said - it is unreasonable and impossible for you to pay $1,000 per month for heating due to the obvious defects in the apartment that are not visible to a new, prospective tenant.

Good luck with this. I think that you should be able to negotiate your way out or you might do well by letting them know that you'll be discussing the matter with the appropriate authorities and about their further ability to rent the place. Whatever you agree, if you do, make sure you get a written release or that you follow up with a note, sent via a certified method, confirming the agreement.

 

[jmartinezclark]

thelawprofessor,

Thank you very much for your kind reply.