Legal Question in Real Estate Law in Maryland

Is a lease void with no heat and hotwater was condemned prior to moving in?

I rented a house from a owner/real estate agent. The boiler provides heat and hot water by oil. I purchased oil although my landlord was supposed to fill the tank prior to renting to us. Once oil was in the boiler it would not turn on. We contacted the oil company the owner was suppose to have a contract with. They sent out a agent who called in the serial number and discovered this boiler had been condemned 7 months ago. I had been in the house all but two days. The owner denied everything and asked that she be given time to fix it. I gave her time but she hired a guy who patched it. The boiler smoked,and fumes went throughout the house. It could not be used. I went 38 days without heat and hot water through out November and December. I later found the original documents from the oil company in the house. Secondly everyone that came into the house came down with the flu. Once the boiler was finally replaced, insulation was moved and that's when we spotted mold. We had it sampled and it was ''black mold''. It took the owner 32 days to remove it. We are schedulede to go to court next month. We have never missed a rental payment. We are asking the judge to pay us for the months we were there without heat and hotwater.


Asked on 1/27/09, 9:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Is a lease void with no heat and hotwater was condemned prior to moving in?

You could have voided the lease and moved out in view of the problem. Since you stayed, you may be entitled to reimbursement of any expenses you incurred related to the lack of heat.

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Answered on 1/28/09, 9:48 am


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