Montgomery Maryland Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
Maryland
County:
Montgomery
Control #:
MD-1047LT
Format:
Word; 
Rich Text
Instant download

Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

The landlord must give the tenant at least 1 weeks notice of termination. The tenant does not need to pay rent for any period where the premises is uninhabitable.

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

Refusing to Accept Rent Payments as a Means of Intimidation Actually, refusing the rent as an attempt to threaten the tenant into leaving or retracting a complaint is landlord harassment.

Tenant harassment is when a landlord knowingly takes actions that cause harm to a tenant and serve no lawful purpose ? including repeated acts that substantially interfere with the comfort, peace or quiet enjoyment of a tenant's rental unit.

Breach of Covenant of Quiet Enjoyment This means a landlord must guarantee that: (1) Tenant can take possession of the property at the beginning of the lease term; and (2) That the landlord will not disturb tenant's possession of the property.

Landlords are prohibited from harassing or retaliating against tenants who exercise their legal rights. In Tennessee, the landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.

The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .

As a landlord, you're not technically liable for nuisance tenants or occupiers of your property. However, you may be liable if you've allowed the tenants to cause the nuisance or if, when renting out your property, you were aware that nuisance was inevitable or almost certainly going to occur.

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service.

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

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Montgomery Maryland Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates