Constructive Eviction and Tenant Rights in Maryland
Under normal circumstances, a tenant has a legal obligation to pay the rent by a specific day of the month, for the duration of the lease agreement. Sometimes, legitimate circumstances occur that make it impossible for the tenant to continue living in the dwelling. If the property owner has the responsibility for fixing the situation, the tenant has the legal option of moving out of the house or apartment as result of the constructive eviction.
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Constructive Eviction
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Construction eviction refers to the action a tenant takes to move out of a unit that in no longer habitable. Generally, the tenant has the burden of proving to the court that the property owner's actions or failure to act made the unit impossible to occupy to collect damages. If the tenant cannot demonstrate to the court that the landlord's at fault for the condition that causes them to move, the tenant may have to compensate the owner for lost rent.
Dangerous Defects
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One key element that must exist for a construction eviction concerns whether the property owner fails to fix a problem that makes the unit uninhabitable. Circumstances that produce substandard living situations include lack of heat during the winter, water shutoff or a structurally unsound porch. Courts have rule landlords who do not remedy such situations, constructive evict the tenant. Section 8-211 of the Maryland statutes address this issue.
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Quiet Enjoyment
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For a situation to qualify as a valid constructive eviction, the landlord has to have some control over the matter that causes the unit to become uninhabitable. Possible reasons include the failure of property owners to remedy a situation concerning an excessively loud or threatening tenant, when they have knowledge of the problem.
In addition, property owners who harass a tenant, shut off the utilities or enter a tenant's apartment without proper notice or a legitimate reason, engages in constructive eviction of the tenant. This section of the law goes under the heading of "quiet enjoyment" under Section 8-204 of the Maryland codes.
Abandonment
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The third and final element necessary for constructive eviction involves the tenant moving out the premises after a reasonable period. The tenant has an obligation to notify the property owner of the uninhabitable conditions of the dwelling in writing before moving. If the property owner does not remedy the condition in a reasonable amount of time, the tenant may move out of the rental unit.
If the court rules the landlord had responsibility and failed to address the issue, landlord must reimburse the expenses the tenant incur for moving, including moving costs, legal expenses and other outlays associated with the eviction.
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