Maryland tenants facing mold often start in the District Court with rent escrow. That remedy can be valuable, but it serves a different purpose from a claim for personal injury. Understanding the difference can help you avoid steps that limit your rights later.
Under Real Property Article Sections 8-211 and 8-212 of the Maryland Code, a tenant may ask the District Court to address conditions that pose a serious and substantial threat to life, health, or safety. The tenant pays rent into the court instead of to the landlord while the case proceeds. The court may order repairs, reduce rent, or end the lease. Rent escrow focuses on fixing the home, not on paying for an illness.
A tenant who becomes ill from mold may pursue a separate claim for negligence and related theories in the Circuit Court. That claim can seek compensation for medical expenses, lost wages, pain and suffering, and damaged belongings. Maryland's Consumer Protection Act, Commercial Law Article Section 13-408, also allows a person injured by a deceptive trade practice to recover damages for the injury or loss and, under that section, reasonable attorney's fees.
Problems arise when a tenant settles a rent escrow or other case on terms that reach further than the tenant intended. A settlement, a release, or a dismissal with prejudice can cut off claims that arise from the same facts. Before you sign a release, a lease termination agreement, or a settlement in any proceeding with your landlord, make sure it expressly preserves your claim for mold injury.
Tenants who file their own Circuit Court cases sometimes find that early choices are hard to undo. Deadlines for experts, the claims stated in the complaint, and the timing of the case can all limit what a lawyer can do later. If you have already filed something yourself, bring every court paper to your consultation so a lawyer can see where the case stands.
To discuss a Maryland mold injury claim, e-mail chris@attorneybeard.com or call (410) 267-0227.
