Holding rent??

[mdlandlady]

What is the name of your state? Maryland

I am a landlord. The house I'm renting out had carpet damage from when I was living there. When my tenants moved in, I told them I would replace the carpet, which I have no problem with at all. Never did I promise a time frame and there was nothing in writing. But I never denied telling them that. This was about 2-3 months ago.

I received a letter via email from them stating that they intend to withhold June's rent and subsequent late fee until the carpet is installed to "our" satisfaction- meaning me and them. The carpet won't go in til the middle or end of this month.

What is my right here? I have a default clause in the lease and I have NOT agreed to this arrangement either verbally or in writing.

Thanks for any advice.....

 

[treese]

Your tenants are pushing it.

Unless the carpet poses a dangerous condition, rent withholding does not apply.


Begin the eviction process for non-payment.

From: http://www.oag.state.md.us/Consumer/landlords.htm#escrow

Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.

The serious or dangerous conditions include, but are not limited to:

Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
Lack of adequate sewage disposal; rodent infestation in two or more units.
Lead paint hazards that the landlord has failed to reduce.
The existence of any structural defect that presents a serious threat to your physical safety.
The existence of any condition that presents a serious fire or health hazard.


Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.




Main page: http://www.oag.state.md.us/Consumer/landlords.htm

 

[LindaP777]

Ditto what treese said. Give them notice. File for eviction. They can not legally withhold rent for new carpet.

 

[Ellerge]

Withholding rent!

Evict! NOW.

 

[Alaska landlord]

I don’t know if you have a lease or a rental agreement with your tenants, but you now know the people you are now dealing with. If they are m2m tenants then issue them their 30 day notice that you are terminating their lease. The matter of evicting due to non payment of rent will have to wait till they are delinquent. Once that has been established issue a notice to quit and follow up with an eviction notice if needed. Never make promises to your tenants that you are not able to keep.

This is partially your fault tenants are not strangers to empty promises by landlords. If they didn’t like the carpet you should have told them to take it or leave it. Do you know how inconvenient and problematic it is to replace a carpet in a house full of stuff?

 

[Who's Liable?]

Evict for non-payment of rent... Unless you have a clause in your lease that specifically states the tenant can withhold rent for used carpeting...

 

[BoredAtty]

As pointed out by others, withholding the rent is not the proper way for the tenants to force you to change the carpet.

However, I recommend that you change the carpet as you agreed to do and collect the rent + late fee after it's done. In Maryland, tenants have a right of redemption, so assuming your tenants will eventually pay the rent, eviction will not occur. You'll have wasted your time filing for possession and going to court, especially given that you are planning on changing the carpet this month anyway. Why give yourself that headache for nothing?

As an aside, look at the situation from your tenants' perspective. They took your word for it that you'll fix the carpet, and 2 or 3 months later there has been zero progress. It doesn't sound like they're deadbeats -- they probably just don't want to feel like their home is a dump.