Maryland Tenant's Rights
The Landlord and Tenant Act of Maryland regulates many different aspects of the landlord-tenant relationship. A significant part of the act establishes tenant rights and landlord responsibilities to a tenant and the residential unit. Tenants who believe their rights are being violated should consult the Landlord and Tenant Act and take the complaint to a local housing authority.
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Right to Possession and Privacy
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A Maryland tenant has the right to possession and the right to privacy. The right of possession pertains to the legal possession of the rental property. The landlord makes the rental property available to the tenant when the lease term begins. A landlord must make every effort possible to ensure that the tenant receives right of possession. A tenant has the option, under the Maryland Landlord and Tenant Act, to refuse to pay rent or to terminate the lease if there is some reason possession cannot be granted. The right to privacy interjects with the landlord's right of entry. A landlord does have the right to enter the dwelling unit, but the act recommends landlords provide notice before seeking entrance.
Right to Quiet Enjoyment
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A tenant's right to quiet enjoyment provides the tenant with recourse against disruptive behavior of other tenants. The tenant provides a written notice to the landlord asking for the situation to be fixed. The other tenant's disturbances are considered the responsibility of the landlord if he also rents from the landlord. A constructive eviction occurs when the landlord does nothing to fix the complaint. The original tenant cannot enjoy her home in peace, and is forced to leave. A constructive eviction negates the obligation to pay rent and is an affirmative defense in eviction proceedings if the landlord files a lawsuit.
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Repairs
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Repair clauses are usually included in a Maryland rental agreement. The clauses provide information on the types of repairs a landlord is responsible for and repairs a tenant is expected to make. Most major repairs, such as appliance repairs and housing systems, are handled by the landlord. A tenant requests a repair if he feels the repair must be made to ensure habitability of the dwelling.
If the landlord does not make the repair in a reasonable amount of time, the tenant can file a Petition in Action of Rent Escrow. This petition permits the tenant to pay his rent into a court fund until the landlord makes the necessary repairs.
Security Deposit
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The Maryland Landlord and Tenant Act regulates security deposits. The highest security deposit allowed is equal to two months' rental payments. A landlord charging more than this amount opens himself up for legal action from the tenant. The landlord puts the security deposit into a bank account solely for storing security deposits. A landlord is required to return the security deposit, minus repair costs, unpaid rent and cleaning costs, to the tenant within 45 days. Simple interest of 3 percent per year is also required for security deposits larger than $50.
Retaliatory Evictions
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A tenant is protected from retaliatory evictions initiated by the landlord. Retaliatory evictions are initiated when a landlord wishes to retaliate against a tenant for filing a complaint, filing a lawsuit against the landlord or becoming a member of a tenant organization. This part of the act provides an affirmative defense against the landlord in an eviction case of this kind. Evidence provided must support the fact that the eviction was done for no other reason other than retaliating against the tenant.
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References
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