Maryland Rent Abatement Clause Providing for a Landlord Remedy and Damages

State:
Multi-State
Control #:
US-OL4021
Format:
Word; 
PDF
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Description

This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

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FAQ

Note that like Virginia, Maryland has also enacted a statute that imposes a duty of mitigation on residential landlords. Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mitigate when negotiating the default provisions of a commercial lease.

In general, the courts expect landlords to complete all safety-related repairs within 30 days or less. If a landlord fails to act within a reasonable amount of time, the tenant can apply to the court to commence the escrow process.

(a) The purpose of this section is to provide tenants with a mechanism for encouraging the repair of serious and dangerous defects which exist within or as part of any residential dwelling unit, or upon the property used in common of which the dwelling unit forms a part.

A civil action must generally be filed within 3 years from the date the cause of action arose, with the following exceptions of interest to tenants and landlords: If the cause of action is based on a judgment of a court or on a lease under seal, the time limit is 12 years.

The tenant in default is secondarily liable for rent for the term of the tenant's original agreement in addition to the tenant's liability for consequential damages resulting from the tenant's breach, if the landlord gives the tenant prompt notice of any default by the sublessee.

?Mitigation of damages? means that the person who has been harmed has to make reasonable efforts to keep from being harmed even more.

The law allows a court to abate your rent, i.e., lower the amount of rent you must pay each month if the conditions in the home are very serious. You must ask the judge to do this at the hearing.

If your landlord has violated the security deposit law, you may sue him/her in district court. Your lawsuit must be filed no later than two years from the end of your tenancy. If you file suit against your landlord and hire an attorney to represent you, you can ask the court for attorneys' fees.

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Maryland Rent Abatement Clause Providing for a Landlord Remedy and Damages