Rent Escrow in Landlord Tenant Court

• September 15, 2025
• Landlord Law

Maryland landlords have obligations when it comes to promptly repairing a rental property. If you fail to repair serious issues soon enough, you can find yourself facing rent escrow in landlord-tenant court.

It’s important to understand your legal obligations in Maryland. If you receive a court notice, it’s a good idea to contact a Maryland landlord lawyer as soon as possible.

Understanding Rent Escrow in Maryland

When you own rental properties, there’s no shortage of things that can go wrong with the unit. When a heating unit fails or pipes burst, especially in more than one rental property, the repair costs can be prohibitive. But delaying repairs can be even more costly.

Maryland law requires landlords to correct serious defects in a reasonable length of time. Failing to make repairs quickly often leads to legal action.

Common examples of defects and safety issues that Maryland landlords must promptly repair include:

• A lack of heat, hot water, or electricity
• Sewage system failures, such as back-ups, main line obstructions, or collapse
• Rodent infestation present in two or more units
• Physical defects that could harm tenants, such as a crumbling ceiling
• Untreated lead paint
• Conditions that are hazardous to the health of tenants or that are considered a fire hazard.

 

When landlords don’t act quickly to repair these defects, tenants may file a rent escrow action in court. If the court approves the action, the tenant’s rent payments are deposited into an escrow account with the court to be held until the landlord performs the necessary repairs or the money is authorized to be released by the court. While paying into an escrow account, a tenant cannot be evicted for non-payment of rent.

No landlord wants to deal with an escrow action. In addition to the often costly repairs, you also lose the rental income you’re accustomed to until the repairs are made.

It’s always best to consult a Maryland landlord attorney about your options. A lawyer can advise you on whether you’re legally obligated to make certain repairs and how to avoid getting to the point where your tenant files for rent escrow.

Are you a Maryland landlord dealing with rent escrow? Call Lusk Law, LLC at (443) 535-9715 and learn how our Maryland landlord lawyers can help.

Determining the Severity of the Defect

Landlords and tenants won’t always agree on the definition of a “serious” defect. Generally, a tenant would be unable to file an escrow action for conditions such as small cracks in the walls, worn carpeting, or a lack of air conditioning. So long as the property is structurally sound and doesn’t endanger the health or safety of tenants, landlords are not obligated to make repairs.

Some conditions could be considered dangerous, depending on the extent of the problem and who the tenants are. For example, the presence of a small patch of mold on a wall might not be considered a health risk, but if mold were covering a large section of a basement, and the tenant had asthma or small children were living in the home, mold could present a significant health risk.

Landlord Obligations Regarding Lead Paint in Maryland

Maryland law requires landlords whose properties were built before 1978 to do the following before leasing space to tenants:

• Register the property with the Maryland Department of the Environment and pay a $30 annual fee, unless the property is lead free, and then there is a one-time payment of $10.
• Provide tenants with two pamphlets – “Lead Poisoning Prevention: Notice of Tenant’s Rights” and “Protect Your Family From Lead in Your Home” (federal law requires that these pamphlets be provided to tenants if their rental home was built prior to 1978)
• Perform lead hazard reduction treatments, get a risk-reduction certificate, and provide a copy of that certificate to tenants prior to their move-in date.

 

Lead-based paint may be present without harming the health of tenants, but if it begins chipping or peeling, tenants run a risk of inhaling lead dust.

A tenant who notices chipping or peeling paint in a home may send a written Notice of Defect to the landlord, and the landlord has 30 days to perform a modified risk reduction on the property. During lead remediation, pregnant women and children under age 6 may not be present; if tenants must leave the property for more than 24 hours, the landlord must pay for reasonable accommodations and meals for tenants while they’re away.

Learn How a Maryland Landlord Lawyer Can Help

Advocates for Life’s Obstacles and Opportunities

Lusk Law, LLC is a law firm located in Frederick, Maryland. Our experienced Maryland landlord attorneys work with Maryland landlords to help avoid mistakes and navigate legal issues with tenants. If you’re dealing with rent escrow in landlord-tenant court, our legal team can help.

Contact Lusk Law, LLC today at (443) 535-9715 to schedule a consultation with an experienced landlord lawyer in Maryland.