I live in Maryland. the apartment complex I live in is like a slum landlord. We have had a mice infestation for over 2 years and they just bought and exterminator out to do something about it 2 weeks ago. We also have an infestation of ants and now we believe that we have also found roaches. They're trying to blame it on the construction in the area, but the contrusction only startedd in the past year. When we put in maintenance calls, they don't respond, take they're time responding, or say that they handled the problem and did not. Also we have had to change the locks on the door because someone from the maintenance staff was in our apartment eating the food, watching the TV, and we have had DVD's and CD's go missing but nobody knows anything.
How do I put my rent into escrow and do I need an attorney?
You may do two things if a dangerous condition exists in your rented home.
1. You may file a lawsuit to mandate repairs. The court will schedule a hearing.
2. You may stop paying rent. If the landlord sues you, then you may use the escrow law in your defense, and ask the judge to set up an escrow account.
Your landlord must know about the problem but not fix the problem within a reasonable amount of time.
It seems he knows about the mice problem, and is trying to fix it with an exterminator.
Now you have a insect infestation and that is a new problem. The landlord should be notified by you in writing. Phone calls to the maintenance department are not enough. If the landlord receives a violation notice from the Health Department, he will have been adequately notified of the problem. So contact the Health Department and let them investigate. You say your apartment complex is a slum, then you should document all the repairs that are needed.
The landlord must be given a reasonable amount of time to correct the problem, perhaps 30 days depending on the severity of the infestation, possibly less time. It doesn't matter what they blame it on (construction or whatever). If the condition exists, that's all that matters.
Hopefully, the exterminator will be able to take care of both the mice and the insects. If the problems still exists after the exterminator's visit, then document the condition of the problem as extensively as you can.
If you changed the locks on your door, you must make sure the landlord and his exterminator have access to your apartment, otherwise the court may rule you are preventing the landlord from taking care of the problem and making needed repairs.
Also if there are any other repairs to be done in your home, the landlord must have access. Read your lease. You may be required to provide the landlord (or his agents, the maintenance department) with a key to your new locks.
You asked about using an attorney. You have to use your judgement as to whether you need one and want to pay the expense of one, or not. It is a court proceeding. Your evidence must be solid, your case must be solid for you to prevail. Remember if you decide to stop paying rent to your landlord, and the judge decides in your favor allowing an escrow account, then all the rent due as of that day must be paid to the escrow account. It could be several months. In other words, if you stop paying rent to the landlord, do not spend it on anything else because it will need to be deposited into the escrow account eventually. On the decision of the judge, money from the escrow account may be used to pay a third party to complete the repairs. If the repairs are not completed within 6 months after the escrow account if created, it's possible the judge may return the money to you.
If you are in an apartment complex, it might help your case if several tenants band together and follow the same legal course of action. Contact your neighbors and find out if any of them have already started legal action.
For more help, your city might have a Neighborhood Housing Office or Tenant's Rights Office that will discuss the problems you face, and offer advice for free.
The person eating your food and stealing dvd's is a separate problem. Call the police and report it. Send a written complaint and a copy of the police report to both the landlord and the maintenance company.
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How do I put my rent into escrow and do I need an attorney?
file a complaint with the Health Department in your area. File a complaint with the Police Department as well. Usually the Health Department will come out an investigate your complaint then your slum landlord will have to come up with Papers or something to prove that they fixed the problem. Take pictures!!!!!Talk to a lawyer. Y have u lived there 2 years!!
Keep a record of everytime you call the landlord for something. include when they responded, if they responded, time you called etc.
