Searching for an apartment can be an incredibly overwhelming and often tedious process. However, when you find a unit within your budget that’s close to work and has the amenities you were hoping for, you may feel like you’ve hit the jackpot. Unfortunately, however, you may find that if the owner of the building you live in changes hands, you may be exposed to increasingly dangerous or unsafe living conditions. As such, if you sustain an injury as a result of unsafe conditions, you may wonder if you are able to hold your landlord liable. The following blog explores what you should know about these matters, including the importance of working with personal injury attorneys in Baltimore County to help you understand your rights and how to proceed.
When Can a Landlord Be Liable for Unsafe Conditions?
Under Maryland law, landlords are legally required to ensure that rental units are not only in compliance with housing and safety laws, but must keep units fit for human habitation. This means that landlords are legally obligated to ensure that there is functional plumbing, heating, and electricity, ensure that stairwells and flooring are free of hazards, and keep a pest-free property. As such, if there is faulty wiring, insufficient lighting, mold exposure, water damage, or bug infestation, among other unsafe conditions, a landlord can face liability.
In order to hold a landlord liable for the injuries you have suffered as a tenant, you’ll need to show the following elements:
- The landlord knew about or should have known about the unsafe conditions
- The landlord failed to provide a warning or remedy the hazard in a reasonable timeframe
- You sustained injuries as a direct result of the unsafe condition on the premises
What Rights Do I Have as a Tenant?
It’s imperative to understand that you have a number of rights afforded to you as a tenant in Maryland. As mentioned, you have the right to receive timely repairs for dangerous conditions and the right to live and safe and habitable units. Additionally, you have the right to be protected from retaliation for filing a report or withholding rent while you are subjected to dangerous conditions in your unit.
Because Maryland law requires safe, sanitary, and livable housing, there is an implied warranty of habitability. It is critical to understand that this is a right that cannot be waived, even if you signed a lease or contract stating otherwise. This warranty allows you to withhold rent in certain extreme circumstances and file a rent escrow action with your district court until the necessary repairs have been made.
How Do I File a Claim Against My Landlord for Injuries I’ve Suffered?
If you have suffered an injury or illness as a result of negligent actions from your landlord, it’s critical to understand your right to file a claim. Generally, the most important thing you should do is seek immediate medical attention and begin gathering documentation of the injury. This includes taking photos and videos of the hazard, as well as gathering any prior communications with your landlord where you brought the issue to their attention.
Next, you’ll want to connect with an experienced personal injury attorney with the Law Offices of Markey & Orsi to help you file a claim. Our team can walk you through this process and represent your best interests to help you in the fight for the justice and compensation you deserve when you have suffered due to the negligent actions of a landlord. When you need help, contact our team today to learn how we can represent you.