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If you're considering repainting your home in the New Year, look to the great outdoors for inspiration. The color experts at the Paint Quality Institute (PQI) say paint color trends for 2012 will draw upon the natural colors in the American landscape, such as native plants, flowers, rocks and minerals, and the ocean.
Blues will continue to be popular in 2012, says Debbie Zimmer, color expert at PQI. Whether choosing sparkling sea-glass blue or colonial blue-gray, blues are suitable for all living spaces because they are a soothing color that everyone seems to love.
Greens, from sage to forest green, allow homeowners to bring part of the outside world inside. Dining rooms and kitchens are natural spots for different shades of "in-vogue" green, but the color works well in family rooms and bedrooms too.
Violet, inspired by the majestic purple mountains in the West, brings a harmonious combination of patriotic blue and red to the home's interior. Violet can add punch to any room when used as an accent color or be the dominant color in a bedroom.
Also new for 2012 is patterned paint, which can be the focal point in a room, or provide a subtle, textural backdrop to fine furnishings and artwork. For a sleek, stylish look, try classic black and white, which is popular in kitchen designs. Home exteriors are also moving to a more monochromatic palette in 2012. For example, shutters will be painted a shade or two darker than the siding.
Despite the new colors and trends for 2012, Zimmer says one thing will remain the same. "Top quality 100 percent acrylic latex paint will provide the best performance and the best value to budget-conscious homeowners," she says.
Wednesday, December 28, 2011
Saturday, December 17, 2011
Neighborhood Quality Still #1 Factor
Most home buyers begin their search for a new home on the Internet and then contact a REALTOR® to assist them, according to the 2011 National Association of REALTORS® Profile of Home Buyers and Sellers. Homebuyers use a wide variety of resources to search for a home: 88 percent use the Internet, 87 percent work with a real estate agent, 55 percent follow up on yard signs, 45 percent attend open houses and 30 percent browse newspaper ads.
Four out of 10 homebuyers say they first learned about the home they eventually bought from the Internet while 35 percent learned about it from a real estate agent, 11 percent from a yard sign or open house, and 6 percent from a friend or family member.
Neighborhood quality is the most important factor in choosing where to live, cited by 67 percent of buyers followed by the neighborhood’s proximity to jobs
(49 percent), overall affordability (45 percent), and convenience to family and friends (39 percent). Neighborhood design, convenience to shopping, schools, and area amenities and entertainment are also important, while commuting costs continue to factor into buyers’ choice of location, according to the survey.
Despite the difficulties in the housing market in recent years, most buyers still believe in the long-term value of homeownership. Nearly eight out of 10 homebuyers say their home is a good investment, and 45 percent believe it’s a better value than owning stocks.
Four out of 10 homebuyers say they first learned about the home they eventually bought from the Internet while 35 percent learned about it from a real estate agent, 11 percent from a yard sign or open house, and 6 percent from a friend or family member.
Neighborhood quality is the most important factor in choosing where to live, cited by 67 percent of buyers followed by the neighborhood’s proximity to jobs
(49 percent), overall affordability (45 percent), and convenience to family and friends (39 percent). Neighborhood design, convenience to shopping, schools, and area amenities and entertainment are also important, while commuting costs continue to factor into buyers’ choice of location, according to the survey.
Despite the difficulties in the housing market in recent years, most buyers still believe in the long-term value of homeownership. Nearly eight out of 10 homebuyers say their home is a good investment, and 45 percent believe it’s a better value than owning stocks.
Wednesday, December 14, 2011
Selling during the "holidays"?
Selling your home during the holidays is tricky for a host of reasons. It’s not a popular home-buying time; homeowners often host out-of-town guests, which makes it difficult to schedule showings; and agents and would-be buyers are busier than usual. But it is possible to make a sale during the yuletide months. Consider these tips from HGTV.
Keep decorations to a minimum. No matter your religious affiliation, it’s best not to show it off to potential buyers, who may not share the same views. If you have wrapped presents, consider putting them in a corner, away from view. If you must deck the halls, give in to your decorating urges with more neutral wintry pieces. Consider pinecones or snowflakes instead of garlands and colored lights.
Try not to plan open houses on or around Hanukah, Christmas or New Year’s Eve and New Year’s Day. When you do host an open house, make your home feel warm and inviting: Consider placing cookies and holiday-neutral drinks, such as hot chocolate or apple cider, out on a table for guests to take.
And finally, be sure your agent will be available during the holidays. Discuss up front whether he or she will be in town, on call or will have limited hours.
Keep decorations to a minimum. No matter your religious affiliation, it’s best not to show it off to potential buyers, who may not share the same views. If you have wrapped presents, consider putting them in a corner, away from view. If you must deck the halls, give in to your decorating urges with more neutral wintry pieces. Consider pinecones or snowflakes instead of garlands and colored lights.
Try not to plan open houses on or around Hanukah, Christmas or New Year’s Eve and New Year’s Day. When you do host an open house, make your home feel warm and inviting: Consider placing cookies and holiday-neutral drinks, such as hot chocolate or apple cider, out on a table for guests to take.
And finally, be sure your agent will be available during the holidays. Discuss up front whether he or she will be in town, on call or will have limited hours.
PRYING EYES
Open houses are a great way to show off a home, but they also can open you and your home to privacy concerns. Potential buyers will look through nearly every inch of your home, opening closets and storage areas, to get a sense of the space and where they might store their things. Consider ways to protect your belongings — and your confidential information — with these ideas from About.com.
Go through your drawers and cabinets before others do. Potential buyers have reason to open and pull on them to determine how stable fixtures are, and it’s easy to glimpse personal letters and bills tucked innocuously away in drawers. Remove prescription medication from bathroom cabinets, too.
Your home should read like a clean slate, one that anyone could live in, so be sure to remove diplomas, wedding photos and other personal items from walls and tables. This protects your identity by keeping your name, college or church affiliation undisclosed, and gives buyers a blank canvas.
Shut down your computer. Professional hackers can gain a massive amount of personal information in a short period of time if left alone with a computer, so be proactive. If you still have an answering machine, consider turning it off so that buyers don’t hear personal messages or companies calling the home.
The idea of having strangers in your home is unsettling, so be sure your REALTOR® is always present and alert during open houses. Also consider talking to your agent about the benefits and drawbacks of you being there during the open house.¬
Go through your drawers and cabinets before others do. Potential buyers have reason to open and pull on them to determine how stable fixtures are, and it’s easy to glimpse personal letters and bills tucked innocuously away in drawers. Remove prescription medication from bathroom cabinets, too.
Your home should read like a clean slate, one that anyone could live in, so be sure to remove diplomas, wedding photos and other personal items from walls and tables. This protects your identity by keeping your name, college or church affiliation undisclosed, and gives buyers a blank canvas.
Shut down your computer. Professional hackers can gain a massive amount of personal information in a short period of time if left alone with a computer, so be proactive. If you still have an answering machine, consider turning it off so that buyers don’t hear personal messages or companies calling the home.
The idea of having strangers in your home is unsettling, so be sure your REALTOR® is always present and alert during open houses. Also consider talking to your agent about the benefits and drawbacks of you being there during the open house.¬
Friday, December 9, 2011
Off the Market During the Holidays?
Should I Take My Home Off the Market During the Holidays?
When you look at your calendar you may find the months already overloaded with seasonal obligations -- shopping, entertaining, children's pageants, charity work, decorating the house, and so much more. If you are also trying to sell your home, you are under extra pressure to keep your home in "showtime" condition. And that could be the last thing you need before the holiday spirit is broken.
It is understandable why you would be tempted to take your home off the market during the holidays. And the list of justifications is long. If you are too busy, buyers may be also, and you may find your efforts unrewarded with not enough showings. And what if you do get an offer? You may be faced with the possibility of packing and moving during the busiest time of the year. Besides, you can give your house a rest, and it will have better momentum after the holidays. Better to just pack it in and start fresh in January, right?
But wait! Most top Realtors agree that taking your home off the market during the Christmas season is a mistake. The house surely isn't going to sell off the market! What is the advantage of that? So you're busy. Let your Realtor do the work. You can leave in the morning, go to work, go shopping, and let your Realtor take care of things.
The holidays are a wonderful selling period. Why? Because most people take off work sometime during the season. The husband and wife are both off and want to see houses. Most agents like the holidays because the buyers have more time, and they can look at homes together.
Before you take your home off the market, consider the following points:
Although buyer activity may appear to slow down, the buyers who are actively looking during the holidays are that much more serious. Agents believe the home market is no more affected at Christmas than during other "busy" periods. If that were so, the market would shut down throughout the year as families concentrate on spring weddings, June graduations, summer vacations, and autumn back-to-school activities.
Many buyers deliberately choose to shop for a home after the busy spring and summer rush. They know that it will be easier to look, and that negotiations will be less stressful. They may not have children, or they may have grown children, so moving to accommodate the school year isn't a consideration. Finding the right home at the right price, however, is.
Relocating families often don't have a choice when they can leave for their new destination. Although 68% of transferring families have children, many families have to transfer during the middle of the school year. These families are that much more motivated to get their families settled in before either the January semester begins, or to arrange for the move during spring break in March. If you sign a contract by New Year's Eve, the timing couldn't be more perfect.
At Christmas time, our culture focuses on family and the home. Preparing for the indoor activities of winter is one of the most enjoyable periods of family life. Allowing buyers to view your home during this most hospitable of seasons lets them better picture their own family life in the attractive environment you have created.
When is your home ever more beautiful and inviting? You have cleaned and decorated, and your home looks like a picture postcard. If the results are good enough for family and friends, they will surely be good enough to impress your buyers. Get the family team on board to do a five-minute blitz pick-up every morning to keep holiday messes to a minimum.
With many motivated buyers in the marketplace, you may find you have more showings than you would if you sold your home during a busier time of the year.
If you do get a contract, you can arrange the terms to suit your needs. If moving during the holidays isn't an option, you can put in the closing date of your choice. Most people can close 30 to 60 days after a contract is written, so there is plenty of time. Possession and closings are very negotiable.
Written by Realty Times Staff
When you look at your calendar you may find the months already overloaded with seasonal obligations -- shopping, entertaining, children's pageants, charity work, decorating the house, and so much more. If you are also trying to sell your home, you are under extra pressure to keep your home in "showtime" condition. And that could be the last thing you need before the holiday spirit is broken.
It is understandable why you would be tempted to take your home off the market during the holidays. And the list of justifications is long. If you are too busy, buyers may be also, and you may find your efforts unrewarded with not enough showings. And what if you do get an offer? You may be faced with the possibility of packing and moving during the busiest time of the year. Besides, you can give your house a rest, and it will have better momentum after the holidays. Better to just pack it in and start fresh in January, right?
But wait! Most top Realtors agree that taking your home off the market during the Christmas season is a mistake. The house surely isn't going to sell off the market! What is the advantage of that? So you're busy. Let your Realtor do the work. You can leave in the morning, go to work, go shopping, and let your Realtor take care of things.
The holidays are a wonderful selling period. Why? Because most people take off work sometime during the season. The husband and wife are both off and want to see houses. Most agents like the holidays because the buyers have more time, and they can look at homes together.
Before you take your home off the market, consider the following points:
Although buyer activity may appear to slow down, the buyers who are actively looking during the holidays are that much more serious. Agents believe the home market is no more affected at Christmas than during other "busy" periods. If that were so, the market would shut down throughout the year as families concentrate on spring weddings, June graduations, summer vacations, and autumn back-to-school activities.
Many buyers deliberately choose to shop for a home after the busy spring and summer rush. They know that it will be easier to look, and that negotiations will be less stressful. They may not have children, or they may have grown children, so moving to accommodate the school year isn't a consideration. Finding the right home at the right price, however, is.
Relocating families often don't have a choice when they can leave for their new destination. Although 68% of transferring families have children, many families have to transfer during the middle of the school year. These families are that much more motivated to get their families settled in before either the January semester begins, or to arrange for the move during spring break in March. If you sign a contract by New Year's Eve, the timing couldn't be more perfect.
At Christmas time, our culture focuses on family and the home. Preparing for the indoor activities of winter is one of the most enjoyable periods of family life. Allowing buyers to view your home during this most hospitable of seasons lets them better picture their own family life in the attractive environment you have created.
When is your home ever more beautiful and inviting? You have cleaned and decorated, and your home looks like a picture postcard. If the results are good enough for family and friends, they will surely be good enough to impress your buyers. Get the family team on board to do a five-minute blitz pick-up every morning to keep holiday messes to a minimum.
With many motivated buyers in the marketplace, you may find you have more showings than you would if you sold your home during a busier time of the year.
If you do get a contract, you can arrange the terms to suit your needs. If moving during the holidays isn't an option, you can put in the closing date of your choice. Most people can close 30 to 60 days after a contract is written, so there is plenty of time. Possession and closings are very negotiable.
Written by Realty Times Staff
Thursday, December 8, 2011
"Deck Your Home with Lots of Safety"
"Deck Your Home with Lots of Safety"
The holiday season has arrived and it's a great time for sharing with family and friends. The holiday season also serves as a time filled with candles, lights, Christmas trees, and lots of cooking. AmeriSpec® consistently delivers professional home inspections, so it's only right that we would want to help protect your clients' homes during the busy holiday season.
By following a few tips and inspecting items around the home, you and your clients can help create a safe and fun atmosphere:
Inspect Your Candles
• Candles should be placed where they will not be blown over or easily knocked down.
• Try to use battery powered candles instead.
Inspect Your Lights
• When you exit the room or go to sleep, remember to turn off any and all lights.
• Evaluate your string of lights and if you notice any imperfections, refrain from using them.
Inspect Your Christmas Tree
• Tree should be placed at least 3 feet away from any heat source.
• Keep your tree hydrated because dry trees are more likely to catch on fire.
Inspect Your Cooking
• Make sure someone is present at all times while food is cooking.
• Keep items that burn easily away from the stove (paper, plastic, dishwasher towels and more).
Help your clients deck their home with lots of safety this holiday season. For more tips and information, contact AmeriSpec today!
"Deck the Halls Safely this Season." www.homesafetycouncil.org. Home Safety Council, n.d.. Web. 4 Nov. 2011
The holiday season has arrived and it's a great time for sharing with family and friends. The holiday season also serves as a time filled with candles, lights, Christmas trees, and lots of cooking. AmeriSpec® consistently delivers professional home inspections, so it's only right that we would want to help protect your clients' homes during the busy holiday season.
By following a few tips and inspecting items around the home, you and your clients can help create a safe and fun atmosphere:
Inspect Your Candles
• Candles should be placed where they will not be blown over or easily knocked down.
• Try to use battery powered candles instead.
Inspect Your Lights
• When you exit the room or go to sleep, remember to turn off any and all lights.
• Evaluate your string of lights and if you notice any imperfections, refrain from using them.
Inspect Your Christmas Tree
• Tree should be placed at least 3 feet away from any heat source.
• Keep your tree hydrated because dry trees are more likely to catch on fire.
Inspect Your Cooking
• Make sure someone is present at all times while food is cooking.
• Keep items that burn easily away from the stove (paper, plastic, dishwasher towels and more).
Help your clients deck their home with lots of safety this holiday season. For more tips and information, contact AmeriSpec today!
"Deck the Halls Safely this Season." www.homesafetycouncil.org. Home Safety Council, n.d.. Web. 4 Nov. 2011
Saturday, December 3, 2011
Last Fall's to-do list
Last year's Fall to-do list(see next blog for this year's reminder:
Yard:
• Rake and compost leaves
• Seed and feed your lawn
• Winterize your sprinkler system
• Mulch flowerbeds
• Drain outside faucets and cover them when appropriate
• Drain and store hoses
Roof:
• Trim limbs and vegetation away from roof
• Inspect roof and roof vents for any needed repairs
• Replace any loose or damaged shingles
• Clean gutters and downspouts
Foundation and Exterior Masonry:
• Clean fireplaces and chimneys
• Check chimney mortar for any deterioration
• Make sure downspouts and grading all direct water away from the house
Doors and Windows:
• Inspect caulking and paint for damage and repair as needed
• Oil door hinges and garage door moving parts
• Make sure all storm windows are securely in position
Heating and Cooling:
• Arrange for annual inspection and cleaning of heating systems
• Rinse off A/C compressor/condensing coil unit to remove debris and dirt
• Consider upgrading to a programmable thermostat
• Change the furnace filter (when needed)
• Check smoke and carbon monoxide detectors
• Check and clean humidifier
Plumbing and Interior:
• Inspect and repair any damaged caulking in tubs, showers, sinks, toilets and backsplashes
• Check pressure relief valves on water heaters
• Inspect refrigerant lines for missing or damaged insulation
• During wet weather, check ceiling and around all doors and windows for unwanted moisture
• Check attic ventilation
• Make sure dryer vent is clean
You might want to advise your clients to seek professional assistance for some of these suggestions. AmeriSpec inspectors are available to help meet your clients home inspection needs, and are trained to meet or exceed the highest home inspection industry standards. To learn more about AmeriSpec, contact your local office today.
DID YOU KNOW?
Vent-free gas logs use less gas than regular vented gas logs. They also produce more heat than traditional fireplaces, because none of the warm air generated escapes through a chimney.
For more information please visit www.amerispec.com
Courtesy of: AmeriSpec Home Inspection Services
50 Post Office Road
Waldorf, MD 20602
301-843-9960
800-834-2700
Yard:
• Rake and compost leaves
• Seed and feed your lawn
• Winterize your sprinkler system
• Mulch flowerbeds
• Drain outside faucets and cover them when appropriate
• Drain and store hoses
Roof:
• Trim limbs and vegetation away from roof
• Inspect roof and roof vents for any needed repairs
• Replace any loose or damaged shingles
• Clean gutters and downspouts
Foundation and Exterior Masonry:
• Clean fireplaces and chimneys
• Check chimney mortar for any deterioration
• Make sure downspouts and grading all direct water away from the house
Doors and Windows:
• Inspect caulking and paint for damage and repair as needed
• Oil door hinges and garage door moving parts
• Make sure all storm windows are securely in position
Heating and Cooling:
• Arrange for annual inspection and cleaning of heating systems
• Rinse off A/C compressor/condensing coil unit to remove debris and dirt
• Consider upgrading to a programmable thermostat
• Change the furnace filter (when needed)
• Check smoke and carbon monoxide detectors
• Check and clean humidifier
Plumbing and Interior:
• Inspect and repair any damaged caulking in tubs, showers, sinks, toilets and backsplashes
• Check pressure relief valves on water heaters
• Inspect refrigerant lines for missing or damaged insulation
• During wet weather, check ceiling and around all doors and windows for unwanted moisture
• Check attic ventilation
• Make sure dryer vent is clean
You might want to advise your clients to seek professional assistance for some of these suggestions. AmeriSpec inspectors are available to help meet your clients home inspection needs, and are trained to meet or exceed the highest home inspection industry standards. To learn more about AmeriSpec, contact your local office today.
DID YOU KNOW?
Vent-free gas logs use less gas than regular vented gas logs. They also produce more heat than traditional fireplaces, because none of the warm air generated escapes through a chimney.
For more information please visit www.amerispec.com
Courtesy of: AmeriSpec Home Inspection Services
50 Post Office Road
Waldorf, MD 20602
301-843-9960
800-834-2700
Have a Warm and Safe Winter
November 2011
Take Action Now for a Warmer and Safe Winter
Question: Is there anything I can do to help prepare my home for the upcoming winter months?
Answer: Yes, the following steps listed below can help prepare your home for winter and help provide the protection and comfort you expect.
Start outside:
• Make sure your gutters and downspouts are clear of debris and functioning properly.
• Check the roof and flashings around all surface projections (roof penetrations) and sidewalls (joints between roof and vertical services).
• Drain and winterize all outside faucets and the sprinkler system. Empty any water hoses, coil and store.
• Repair any damage to sidewalks, driveways, and steps before ice or snow makes them worse due to the freeze/thaw cycle.
• Make sure your chimney is clear of bird nests and leaves. Consider calling in a professional chimney sweep to remove soot and creosote.
• Check and repair any gaps in weather-stripping or calk around doors and windows. Failure to do so could add up to 10% to your winter heating bill.
• Make sure doors and windows have no missing or loose glazing putty.
• Winterize the lawn mower and clean, sharpen and oil all metal gardening tools before storing. Make sure your snow removal tools are operational and ready to go (if applicable).
Follow this checklist inside your home:
• Consider having a professional inspect and service your furnace. Also, be sure to replace the furnace filters and clean and adjust the humidifier (if applicable).
• Clean heating ducts, grills, and registers.
• Clean lint and any other debris out of dryer vents pipes.
• Test smoke and carbon monoxide monitors as well as fire extinguishers.
• Reprogram your thermostat for the winter weather. Keeping your thermostat no higher than 68 degrees when people are home will help control energy costs.
• Unclog slow running drains.
• Make sure bath and shower caulking is intact.
• If your home is not insulated or under-insulated, seriously consider air sealing the air leakage pathways between the home and attic, and installing insulation in your attic to reduce drafts and heating costs.
Not only will it give you a warm feeling now to know your home is in good shape for winter, you'll probably feel cozier all season long.
Compliments of: InspectorSM - asktheinspector@amerispec.com.
301-843-9960
Take Action Now for a Warmer and Safe Winter
Question: Is there anything I can do to help prepare my home for the upcoming winter months?
Answer: Yes, the following steps listed below can help prepare your home for winter and help provide the protection and comfort you expect.
Start outside:
• Make sure your gutters and downspouts are clear of debris and functioning properly.
• Check the roof and flashings around all surface projections (roof penetrations) and sidewalls (joints between roof and vertical services).
• Drain and winterize all outside faucets and the sprinkler system. Empty any water hoses, coil and store.
• Repair any damage to sidewalks, driveways, and steps before ice or snow makes them worse due to the freeze/thaw cycle.
• Make sure your chimney is clear of bird nests and leaves. Consider calling in a professional chimney sweep to remove soot and creosote.
• Check and repair any gaps in weather-stripping or calk around doors and windows. Failure to do so could add up to 10% to your winter heating bill.
• Make sure doors and windows have no missing or loose glazing putty.
• Winterize the lawn mower and clean, sharpen and oil all metal gardening tools before storing. Make sure your snow removal tools are operational and ready to go (if applicable).
Follow this checklist inside your home:
• Consider having a professional inspect and service your furnace. Also, be sure to replace the furnace filters and clean and adjust the humidifier (if applicable).
• Clean heating ducts, grills, and registers.
• Clean lint and any other debris out of dryer vents pipes.
• Test smoke and carbon monoxide monitors as well as fire extinguishers.
• Reprogram your thermostat for the winter weather. Keeping your thermostat no higher than 68 degrees when people are home will help control energy costs.
• Unclog slow running drains.
• Make sure bath and shower caulking is intact.
• If your home is not insulated or under-insulated, seriously consider air sealing the air leakage pathways between the home and attic, and installing insulation in your attic to reduce drafts and heating costs.
Not only will it give you a warm feeling now to know your home is in good shape for winter, you'll probably feel cozier all season long.
Compliments of: InspectorSM - asktheinspector@amerispec.com.
301-843-9960
Monday, November 28, 2011
Thanksgiving was wonderful. Family. Fun. Food. I am grateful for my family, for being able to see and hug them for Thanksgiving and for all their help preparing my home and preparing food to share with friends the week before. It has been a great November. I look forward to the holiday celebrations, installations and Ladies of Good Cheer activities in the coming weeks.
Real Estate Tip: Nationally, home values are expected to decline another 5-6% over the next year, turning around sometime next year depending on where you live and then seeing a national appreciation of about 1 % per year for the foreseeable future. I heard this at both the national Council of Residential Specialists(CRS) conference in Anaheim this month as well as the Maryland Association of REALTORS(R)(MAR)annual conference in September from Steve Harney. He says if you are thinking of selling, you would do better to list now rather than wait until next Spring. He also says that there may never be a better time to buy than now and in the early part of next year while rates are historically low and prices are bottoming out.
Happy Holidays!
Real Estate Tip: Nationally, home values are expected to decline another 5-6% over the next year, turning around sometime next year depending on where you live and then seeing a national appreciation of about 1 % per year for the foreseeable future. I heard this at both the national Council of Residential Specialists(CRS) conference in Anaheim this month as well as the Maryland Association of REALTORS(R)(MAR)annual conference in September from Steve Harney. He says if you are thinking of selling, you would do better to list now rather than wait until next Spring. He also says that there may never be a better time to buy than now and in the early part of next year while rates are historically low and prices are bottoming out.
Happy Holidays!
Wednesday, November 16, 2011
Moisture in Crawl Spaces
Why is Moisture Control in Crawl Spaces So Important?
We all know that crawl spaces can be easily overlooked or forgotten by homeowners. However, elevated moisture levels in crawl spaces can eventually have serious negative effects on the home's structure as well as the health of the people who live there.
Moisture in crawl spaces is a common problem that can contribute to rotted sills and rim joists, mold problems, and insect infestation if not controlled. It has also been associated with health issues that can accompany mold, mildew, and other problem organisms.
What are Some Ways to Control moisture?
There are a number of steps that can be taken to reduce moisture levels in crawl spaces. Some items to consider are:
• Ventilation - Especially in colder climates, crawl spaces should be ventilated to the outdoors to increase air circulation and prevent moister buildup.
• Grading - Ideally, the crawl space grade should be higher than the outside surface grade, and grading around the home's perimeter should always slope away from the foundation.
• Vapor barriers - depending on the climate, using a vapor barrier on crawl space floors will aid in controlling excess moisture.
• Vent wells - Vent wells should be used if the foundation vents to the crawlspace are fully or partially below grade.
Vented or Closed Crawl Spaces?
There has been considerable debate in many areas about the benefits and disadvantages of vented vs. closed crawl spaces. Some building codes, particularly in warm, humid climates, have been moving toward requiring closed spaces. Research continues on this topic at both local and national levels. Homeowners should consult with their local building department to determine current requirements before making a decision on changing their crawlspace specifications.
Article courtesy of Pillar To Post Professional Home Inspection
Pillartopost.com
We all know that crawl spaces can be easily overlooked or forgotten by homeowners. However, elevated moisture levels in crawl spaces can eventually have serious negative effects on the home's structure as well as the health of the people who live there.
Moisture in crawl spaces is a common problem that can contribute to rotted sills and rim joists, mold problems, and insect infestation if not controlled. It has also been associated with health issues that can accompany mold, mildew, and other problem organisms.
What are Some Ways to Control moisture?
There are a number of steps that can be taken to reduce moisture levels in crawl spaces. Some items to consider are:
• Ventilation - Especially in colder climates, crawl spaces should be ventilated to the outdoors to increase air circulation and prevent moister buildup.
• Grading - Ideally, the crawl space grade should be higher than the outside surface grade, and grading around the home's perimeter should always slope away from the foundation.
• Vapor barriers - depending on the climate, using a vapor barrier on crawl space floors will aid in controlling excess moisture.
• Vent wells - Vent wells should be used if the foundation vents to the crawlspace are fully or partially below grade.
Vented or Closed Crawl Spaces?
There has been considerable debate in many areas about the benefits and disadvantages of vented vs. closed crawl spaces. Some building codes, particularly in warm, humid climates, have been moving toward requiring closed spaces. Research continues on this topic at both local and national levels. Homeowners should consult with their local building department to determine current requirements before making a decision on changing their crawlspace specifications.
Article courtesy of Pillar To Post Professional Home Inspection
Pillartopost.com
Saturday, October 22, 2011
Related Renters
Did you know that it is illegal in Baltimore County, which surrounds Baltimore City like a big donut, to rent to more than 2 unrelated tenants? Honestly, in 2009(October) the citizens of Baltimore County (or their representatives at some level of government)decided that landlords should not be allowed to rent to more than 2 unrelated people or they would face fines of $1,000.00 per day(if a complaint is filed)until the landlord complied with the law (by eliminating the overage, I suppose). There are SO MANY colleges and universities surrounding Baltimore. There is probably a silver lining here somewhere. Only families and small groups of "unrelated people" can live in Baltimore County in sinngle family dwellings which will force students who want to live together in groups of 3 or 4 to either find a "boarding house" or move to Baltimore City and hope to live on a convenient bus route to take to school. I am being to have a new appreciation of the term "single family dwelling".
According to the Towson University website:
"Rental House Statutes
In Baltimore County, no more than 2 unrelated people may live together in a single-family dwelling. Houses converted into apartments units are included. In that case, only two per apartment are allowed.
In Baltimore City, the codes are more complex, but in basic, no more than 4 unrelated people may live together in a single-family dwelling."
The Maryland State's Attorney has this on-line information:
"Consumer Publications List
Landlords and Tenants: Tips on Avoiding Disputes
Maryland Attorney General's Office, Consumer Protection Division
This booklet provides you with information about Maryland landlord/tenant laws. It covers topics dealing with applications, leases, security deposits, rent escrow, lead paint hazards, eviction, and where to seek help if problems arise. In reviewing this material, keep in mind that many Maryland counties and Baltimore City have different landlord/tenant laws that may provide additional protections or require that you follow different procedures.
A free, printed copy of this booklet may be ordered by calling the Consumer Protection Division at (410) 576-6500.
This booklet is also available in PDF format; click here.
Application Fees
Leases
Rent Receipts
Security Deposits
Right to Take Possession at Beginning of Lease
Lease Renewals
Breaking a Lease
Rent Escrow: When the Landlord Fails to Make Repairs
Lead-Based Paint Hazards
Eviction
Assistance With Rental Problems
Relevant Laws
Frequently Asked Questions
APPLICATION FEES
Q. Renee applied for an apartment and paid a $25 application fee. The next day she found another apartment she liked better. She asked the first landlord if he would refund her application fee, but he said the fee was nonrefundable. Did the landlord have the right to keep the fee?
A: Yes. A landlord may keep an application fee of $25 or less.
If a landlord rents more than four units on one piece of property, the lease application must explain what your obligations and rights are if an application fee is taken.
An application fee is any fee other than a security deposit paid to a landlord before a lease is signed. You should never sign a lease until your application has been accepted.
Landlords use application fees to cover the costs of processing an application, such as running a credit check. A landlord is entitled to keep an application fee of $25 or less. If the fee is more than $25, the landlord must refund any amount that was not actually used to process your application. The excess amount must be returned to you within 15 days after you've moved in or after you or the landlord has given written notification that the rental won't take place.
If the landlord withholds more than $25 of an application fee from you, you should ask the landlord to provide a written explanation of exactly what expenses were incurred, and what the cost of each item was. If you are not satisfied with the explanation, you may want to pursue the matter further.
If, at the time you fill out an application, a landlord asks for money to hold an apartment, it may not be clear to you that you are being asked for a security deposit. It is not wise to pay a security deposit until your application has been accepted and you are signing a lease. Before you pay any money, you should confirm with the landlord whether it will be refunded if you decide not to rent or if the landlord decides not to rent to you. Ask the landlord to write that information on a receipt. This could save you from having to fight to get the money refunded later.
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LEASES
Q. Larry made an oral agreement with a landlord that he would rent an apartment on a month-to-month basis for $600 a month, that he would pay the utilities, and move in on the 15th of the following month. Is this a legal contract?
A. Yes. Oral leases are legal for lease terms of less than one year. However, a written lease is strongly recommended to help landlords and tenants avoid disputes.
A landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the State. Otherwise the landlord and tenant may orally agree on what the rent and other terms of the rental will be. If you enter into such an oral contract, it is very important that you know your and your landlord's legal rights and responsibilities. You should also have a clear understanding with your landlord about all terms in the agreement. However, it would be to your advantage to clarify things by having your agreement with the landlord in a written lease.
Many landlords use a standard lease for all their tenants. However, there is nothing to prevent you from negotiating your own terms with the landlord. Additional terms can be written on the agreement, and terms that are unacceptable to you can be crossed out. Of course the landlord has to agree to these terms as well. Be sure that all changes are dated and initialed by both you and the landlord.
Maryland law requires that a landlord who offers five or more dwelling units for rent in Maryland must include in each lease a statement that the premises will be available in a reasonably safe, habitable condition; or, if that is not the agreement, a statement concerning the condition of the premises. The lease must also specify the landlord's and the tenant's obligations as to heat, gas, electricity, water, and repair of the premises.
A lease may not contain any provision that denies rights granted to tenants under Maryland law. The lease may not:
· authorize a confessed judgment, whereby you waive all rights to defend yourself;
· impose a late rent penalty higher than 5 percent of the amount owed;
· impose a late rent penalty higher than $3 a week where rent is paid weekly (not to exceed $12 a month);
· give the landlord the right to evict or take any of your personal possessions without a court judgment;
· provide for less than 30 days' notice to terminate your lease.
Advance Copy of the Lease
If you request it in writing, a landlord must give you a copy of a lease before you decide whether to rent. It must include all terms agreed upon, complete in every detail, but it does not have to state your name and address, the date you are moving in, or identification and rental rate of your unit.
It is a very good idea that you get a copy of the lease to read in advance. Before you sign a lease, you should be aware of all the terms it includes, including when rent is due, late fees, procedures for giving notice at the end of the lease, automatic renewal provisions and return of the security deposit. You should also read and make sure you can live with the rules regarding pets, parking, storage areas, noise, requirements to cover floors with carpeting, trash, maximum number of occupants, and move-out procedures.
RENT RECEIPTS
A landlord is required to give a tenant a receipt for a rent payment if the tenant makes the payment in cash or if the tenant requests a receipt. (In Anne Arundel County, a landlord is required to give a receipt unless the payment is by check or unless the tenant rents the property for commercial or business purposes.)
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SECURITY DEPOSITS
A security deposit is any money paid by a tenant to a landlord that protects the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of the lease.
The security deposit may not be more than two months' rent. If you are overcharged, you have the right to recover up to three times the extra amount charged, plus reasonable attorney's fees.
You must receive a receipt for the security deposit. The receipt can be included in the written lease. There is a $25 penalty if the landlord fails to give you a receipt.
The receipt or lease should tell you of your right to receive from the landlord a written list of all existing damages in the rental property, if you make a written request for it within 15 days of taking occupancy. If a list of the existing damages is not provided, the landlord may be liable for three times the security deposit, less any damages or unpaid rent.
The landlord must put the security deposit in an escrow account. When returning security deposits of $50 or more, the landlord must include simple interest of 3 percent per year, accrued at six-month intervals from the date the security deposit was paid (1.5 percent every six-month period).
Return of the Security Deposit
Security deposit disputes often involve misunderstandings about when the landlord is entitled to keep the security deposit, and disagreements about whether the tenant caused damage to the rental unit.
Q. Benny broke his lease when he bought a house. The landlord was able to rent to a new tenant three days after Benny moved out. However, he said he was keeping Benny's security deposit because Benny had broken the lease. Was the landlord entitled to keep the money?
A. No, not the entire amount. A landlord may only withhold from the security deposit an amount equal to actual damages suffered. The landlord didn't incur any expenses in re-renting, and there was no damage to the apartment, so his only loss was the three days of lost rent.
Q. Carrie lived in an apartment for five years. When she moved out, the landlord kept her security deposit to repaint the apartment and replace the living room carpet. Was the landlord entitled to keep the money?
A. No. Unless Carrie damaged the carpet or the walls beyond ordinary wear, the landlord could not keep any money from the security deposit. A landlord may not keep a tenant's security deposit to pay for improvements needed due to normal wear and tear.
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.
If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.
You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving, and your new address. The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be held within five days before or five days after your move-out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit. If the landlord does not, he or she forfeits the right to withhold any part of the security deposit for damages.
Your rights and duties are different if you have been evicted for breach of the lease, or have left the rented property before the lease expired. Under these circumstances, in order for you to receive the security deposit plus interest, you must send a written notice to the landlord by first class mail within 45 days of being evicted or leaving the property. This notice must advise the landlord of your new address and request the return of your deposit. Once the written request is received, the landlord must then take certain steps.
• A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
• The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney's fees.
"Damage" or Normal Wear and Tear?
This is often the point on which landlords and tenants disagree. Unfortunately there are no hard and fast rules that fit every situation. However, common sense suggests that carpeting will need to be replaced periodically, and walls will need repainting, due to normal wear and tear. A landlord must expect to bear these costs as part of doing business. If, however, a tenant scorched a large area of the carpeting, or dragged an appliance over it and ripped it, that could reasonably be considered damage. Leaving small holes from picture hooks in the wall would be wear and tear, while knocking a hole in the wall that would require drywall or plaster repair could be damage.
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RIGHT TO TAKE POSSESSION AT BEGINNING OF LEASE
Q. Zack was supposed to move into his new apartment on March 1st. However, the previous tenant did not move out on time and the landlord said the apartment would not be ready until the 6th. What could Zack do?
A: Zack had the right to cancel his lease and get back any prepaid rent or security deposit he had paid to the landlord. If he chose to wait for the apartment, he could find temporary lodging, put his furniture into storage, and have the landlord pay for those expenses as well as additional moving expenses. He would not owe rent for the days he was not able to occupy the apartment.
If a landlord fails to allow you to take possession of your rental unit at the beginning of your lease, you have the right to cancel the lease with a written notice to the landlord. Also, the landlord is liable to you for any damages you suffer as a result of not being able to move in at the beginning of the lease, whether or not you decide to cancel the lease. Unfortunately, while the landlord may be legally responsible for the your expenses in this situation, it may not be easy to obtain payment. You may have to take the landlord to court and then undertake collection efforts.
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LEASE RENEWALS
Q. Linda knew she had to give her landlord 30 days' notice before moving out. Six weeks before the end of her lease, Linda told a rental office employee that she would move out at the end of the lease. Later, the rental office notified her that her lease had automatically renewed, because she hadn't given the notice in writing, as required by the lease. Was the landlord allowed to do this?
A: Yes. To protect yourself, always give the landlord notice of your intention to move out in writing, and keep a copy for yourself.
Many leases contain a provision that allows the lease to automatically renew for another term, or to renew on a month-to-month basis, unless either the landlord or the tenant gives prior notice that they will not renew. Note how many days' notice you will have to give the landlord if you do not wish to renew the lease. If you fail to give this notice in time, you could find your lease automatically renewed.
You should give the notice in writing and be sure that the landlord receives it on time. Send the notice by certified mail if you want to have proof that it was received on time.
An automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show your signature, initials or witnessed mark acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.
Other leases do not have automatic renewal provisions, so you must sign a new lease if you wish to continue renting.
Rent Increases or Other Changes in Terms
If you wish to continue renting, be sure you know whether any of the terms of the lease will change. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew or not. If your lease does not automatically renew, be sure to thoroughly read the new lease you will sign. It is a new contract between you and the landlord and any of the terms may be different from the terms in your original lease.
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BREAKING A LEASE
Q. Janet notified her landlord that she had to break her lease, as she was getting married. The landlord said she would be responsible for the rent for the remaining four months of the lease if he did not find a new tenant. Was the landlord correct?
A. Yes.
A lease obligates you to pay rent through the end of the lease. If you break your lease, the landlord can hold you responsible for the rent due through the remainder of the lease. However, a landlord is required to make a reasonable effort to re-rent the apartment to limit losses. If the landlord is able to re-rent the unit, you are only responsible for the rent until the date the new tenant moves in. However, a landlord with multiple vacant units is not required to put a new tenant into the unit you have vacated. Also, a landlord can hold you responsible for costs of re-renting, such as advertising for a new tenant.
Some written leases have a clause that allows the tenant to cancel the lease with a certain amount of notice, and perhaps the payment of a fee, such as two month's rent. Some other leases contain a clause that allows a tenant to cancel the lease if the tenant is transferred by an employer to a location a certain number of miles away. Under Maryland law, military personnel who have received orders for a permanent change of station (or temporary duty for more than three months) may end a lease with proper notice.
It's wise to think ahead before signing a long-term lease. If you anticipate buying a house, getting married or having to move for some other reason in the near future, ask the landlord to give you a six-month lease or a month-to-month lease. If you anticipate a job transfer, ask the landlord to add a job transfer clause to the contract that would allow you to end the lease early, with appropriate notice.
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RENT ESCROW: WHEN THE LANDLORD FAILS TO MAKE REPAIRS
Q. During the winter months there was very little heat in Sally's apartment. After calling the landlord several times about the problem, she sent a written complaint that was ignored. Sally then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. Can Sally stop paying rent until the landlord fixes the problem?
A. No, if she stopped paying rent the landlord could evict her. However, Sally has the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the district court instead of paying rent to her landlord.
Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.
The serious or dangerous conditions include, but are not limited to:
Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
Lack of adequate sewage disposal; rodent infestation in two or more units.
Lead paint hazards that the landlord has failed to reduce.
The existence of any structural defect that presents a serious threat to your physical safety.
The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by providing actual notice or by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.
The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.
Before an escrow account can be established, the court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. Once the escrow account is established, you must continue to regularly pay rent into this account.
Baltimore City has a rent escrow law that is very similar to the state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where such a rent escrow law has been adopted, you must follow procedures required in the local law for setting up an escrow account.
You also may withhold rent without establishing an escrow account, but you still must notify the landlord by certified mail of the problems in the unit and of your refusal to pay the rent. However, the landlord could take you to court and try to evict you. You then may defend yourself by telling the court your reasons for withholding rent. If the court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved.
Besides rent escrow, what else can a tenant do if a landlord does not make repairs?
One thing a tenant can do is to report the landlord to local authorities. Under a law that was passed by the Maryland General Assembly in 1986, every county in the state must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City already have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaints and, if the landlord is cited for violations, repairs will have to be made.
LANDLORD RETALIATION AGAINST TENANTS
Q. Julie and two other tenants in her apartment complex circulated a petition to form a tenants' group to deal with the landlord's failure to make repairs. The landlord's nephew, who is also a tenant in the complex, reported this activity to the landlord. Julie was notified by the landlord that her rent would increase by $100 a month. Does Julie have to pay the higher rent or face eviction?
A. No.
A landlord cannot evict you, increase your rent, or fail to provide services because you organize or join a tenant's organization. Nor could the landlord take any of these actions if you had complained to him, filed a complaint against him with the housing inspection department or other agency, or filed a lawsuit. However, you would have to prove that retaliation was the only reason for the landlord's action.
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LEAD-BASED PAINT HAZARDS
Q. Carl and Sandra rented an older rowhome. Because they had young children, they asked the landlord if the home had lead paint. The landlord said she had recently painted the walls and woodwork and there was no chipping paint, so they didn't need to worry. Should Carl and Sandra be satisfied with that answer?
A. No. At the very least, both federal and Maryland law requires a landlord renting an older home (built before 1978 for federal law, before 1950 for Maryland law) to give a tenant a specific pamphlet about lead paint hazards. More importantly, Maryland law requires landlords renting homes built before 1950 to give the tenant a Risk Reduction Certificate proving the property has had lead risk reduction measures taken.
Lead-based paint found in older homes is extremely dangerous to young children and pregnant women. Lead poisoning can cause learning disabilities, hearing loss, attention deficit disorder, loss of IQ, speech development delays, hyperactivity, and aggressive behavior in children. In pregnant women, it can cause abnormal fetal development and miscarriage.
What Maryland Law Provides:
A landlord renting a property built before 1950 in Maryland must meet three requirements before renting a property to you:
register the property and pay a $10 fee annually to the Maryland Department of the Environment,
give you the pamphlets "Lead Poisoning Prevention: Notice of Tenant's Rights" and "Protect Your Family From Lead in Your Home," and
perform Full Risk Reduction Measures (lead hazard treatments) in the property and get a Risk Reduction Certificate, and give you a copy of the certificate before you move in.
If a tenant sends a written "Notice of Defect" to a landlord that there is chipping, peeling paint or a child with elevated blood lead level in the property, the landlord must respond by performing Modified Risk Reduction Measures within 30 days after receiving the notice. Pregnant women and children under 6 years old must not be in the house while Risk Reduction Treatments are being performed. If you are required to leave your house for more than 24 hours while treatments are performed, the property owner must pay for reasonable expenses for overnight housing and meals for your family to stay in temporary lead-safe housing.
It is illegal in Maryland for a landlord to retaliate and evict a tenant primarily because the tenant or a housing inspector sends a notice to the landlord informing him or her that there are lead hazards in the property or that there is a child with an elevated blood lead level in the property.
Requirements of Federal Law:
Federal law (Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992) requires that a landlord renting a property built before 1978 disclose any known lead-based paint hazards on the property to the tenant before the lease is final. The landlord must also give the tenant a "Protect Your Family From Lead in Your Home" pamphlet explaining the dangers of lead-based paint hazards.
Fair Housing Reminder
It may be illegal for a landlord to require that a family disclose the blood lead levels of their children prior to the approval of their rental application, or to discriminate by refusing to rent to families with children or families with lead-poisoned children. Some landlords have been sued for these actions.
More Information
For more information on the dangers associated with lead-based paint and how to deal with it in your home, contact the Coalition to End Childhood Lead Poisoning at (800) 370-LEAD or the Maryland Department of the Environment (MDE) at (800) 776-2706. The MDE also has helpful information for tenants and landlords, including copies of the mandated pamphlets, at its LeadLine website (www.mde.state.md.us/health/lead/). If you suspect your child has been exposed to lead-based paint, call your child's doctor immediately to request a blood test.
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EVICTION
Q. Joe and two fellow college students rented a house. The lease stated that only three non-related adults could occupy the house, but Joe invited two more students to move in to share costs. After neighbors complained about loud parties, the landlord discovered the extra tenants. He told the students he was evicting all of them for breach of lease and they had to be out of the house by the weekend. Could the landlord do that?
A. No. The landlord can evict the students, but not immediately. State law requires the landlord to first give the tenant one month's advance notice that he is ending the lease and the reason why.(If the breach of lease involves tenant behavior that constitutes a danger to other people or property, the landlord must only give 14 days advance notice.) If the tenant fails to move out, the landlord has to go to court to get an eviction judgment.
Eviction is a legal procedure. The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to district court to get a judgment against you. If a landlord moves your belongings out of the home, changes the locks, or cuts off utilities without a court order, you should call the police and an attorney or legal services organization.
A landlord cannot evict you simply because you have filed a complaint or a lawsuit against him or her or have joined a tenant's association. This is called a "retaliatory eviction," and you may be able to stop an eviction by showing the court that your landlord is evicting you solely for one of these reasons.
A landlord can evict you for:
Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed.
Holding over.' If you do not move out when your lease has ended, your landlord may evict you for "holding over." The landlord must prove that he or she gave you proper notice (at least one month's advance written notice) of the ending of your lease.
Breach of lease. A landlord may evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give you one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others'safety). The landlord will have to prove that you violated your lease and that the violation was a serious one.
In addition, the state's attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities.If your landlord begins an eviction proceeding, you will receive an official summons to attend a hearing. The summons may be served on you in person, but most often it is mailed and/or posted on the rental property. Don't ignore it. Go to the hearing and be on time! If you don't show up the landlord will probably win.
The hearing gives you the chance to tell your side of the story. For example, you may be able to prove that you did pay the rent, or that you tried to pay the rent but the landlord wouldn't accept it, or that the landlord didn't give you a month's written notice that you had violated your lease and had to move out.
If the judge finds the landlord's case more convincing, he or she will rule in favor of the landlord. Within five working days, the landlord can file for a court order for the eviction, called a "warrant of restitution," and arrange for a sheriff to oversee the eviction.
You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.
On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility.
Help for Tenants Facing Eviction
Baltimore Neighborhoods, Inc. offers information to tenants (and landlords) statewide about their rights and responsibilities in eviction: toll-free (800) 487-6007.
If an eviction would leave you homeless, you may be eligible for help from an eviction prevention program offered by a non-profit housing assistance group or your local government. One such program is offered by Baltimore City's Department of Social Services: (410) 878-8650.
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ASSISTANCE WITH RENTAL PROBLEMS
The Attorney General's Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord.
Downtown Baltimore Office
200 St. Paul Place, 16th Floor
Baltimore, MD 21202-2021
Complaint Line:
(410) 528-8662 or
1 (888) 743-0023 toll-free
9 a.m. to 3 p.m., M-F
TDD for hearing impaired person: (410) 576-6372
Website: www.oag.state.md.us/consumer (consumers can download a consumer complaint form)
Branch Offices
Cumberland Telephone Assistance
(301) 722-2000
9 a.m. to 12 p.m., 3rd Tuesday of each month
Frederick Telephone Assistance
(301) 694-1071
9 a.m. to 1 p.m., 2nd and 4th Thursday of each month
Western Maryland Branch Office
44 North Potomac Street, Suite 104
Hagerstown, MD 21740
(301) 791-4780
8:30 a.m. to 4:30 p.m., Mon-Fri.
Eastern Shore Branch Office
201 Baptist Street
Salisbury, MD 21801
(410)713-3620
8:30 a.m. to 4:30 p.m., Mon-Fri.
Southern Maryland Branch Office
15045 Burnt Store Road
Hughesville, MD 20637
Mailing address:
P.O. Box 745
Hughesville, MD 20637
301-274-4620 or toll-free 1-866-366-8343
9:30 a.m. to 2:30 p.m.,Tuesdays
Although the Consumer Protection Division covers the entire state, some counties also have their own consumer protection offices that could help you with rental problems. Find out if your county has its own landlord-tenant laws that might offer you extra protection. These two counties have a consumer affairs division that can try to help you with your dispute:
Howard County Office of Consumer Affairs
6751 Columbia Gateway Drive
Columbia, Maryland 21046
(410) 313-6420
Montgomery County Division of Consumer Affairs
100 Maryland Avenue, Suite 330
Rockville, Maryland 20850
(240) 777-3636
The Legal Aid Bureau
The Legal Aid Bureau, Inc. is a private non-profit law firm that offers free legal services to people with limited incomes. If you require legal help to resolve a landlord-tenant dispute, and are financially eligible for the Bureau's services, you can go to one of the Legal Aid offices located throughout the state.
Central Legal Aid 500 E. Lexington Street Baltimore, MD 21202 (410) 539-5340; (800) 999-8904
Anne Arundel County Office 229 Hanover Street Annapolis, MD 21401 (410) 269-0846 Baltimore/ (410) 263-8330 Anne Arundel Co./ (202) 261-1956 D.C. Metro area
Baltimore County Office 29 West Susquehanna Avenue Suite 305 Towson, MD 21204 (410) 296-6705
Cherry Hill Office 2490 Giles Road Baltimore, MD 21225 (410) 355-4223
Harford/Cecil County Office 5 N. Main Street Suite 200 Bel Air, MD 21014 (410) 836-8202 Harford Co. (410) 879-3755 Baltimore Co. (800) 444-9529
Howard County Office District Court, 2nd Floor 3451 Court House Drive Ellicott City, MD 21043 (410) 480-1057
Lower Eastern Shore Office 111 High Street Salisbury, MD 21801 (410) 546-5511
Metropolitan Maryland (Montgomery, Prince George's and Howard Counties) Office 6811 Kenilworth Avenue Calvert Building, Suite 500 Riverdale, MD 20737 (301) 927-6800
Midwestern Maryland Office (Frederick, Washington and Carroll Counties) 203A Broadway Frederick, MD 21701 (301) 694-7414/(800)679-8813
Montgomery County Office 14015 New Hampshire Avenue Silver Spring, MD 20904 (301) 879-8752
Northeastern Maryland Office (Harford and Cecil Counties) 5 North Main Street, Suite 200 Bel Air, MD 21014 (410) 836-8282 Harford Co./(410) 879-3755 Baltimore
Southern Maryland Office Route #231, 15364 Prince Frederick Road, Hughesville, MD 20637 (301) 932-6661 Charles Co./ (301) 884-5935 St. Mary's Co./ (410) 535-3278 Calvert Co.
Upper Eastern Shore Office 210 Marlboro Road Easton MD 21601 (410) 763-9676
Western Maryland Office 110 Greene Street Cumberland, MD 21502 (301) 777-7474 Allegany Co./ (301) 334-8832 Garrett Co.
Other Resources
You may also get help from these groups:
The Public Justice Center's Tenant Advocacy Project. Assists low-income tenants in Baltimore to improve substandard housing conditions and prevent unjust evictions.
500 E. Lexington St.
Baltimore, Maryland 21202
(410) 625-9409
Baltimore Neighborhoods, Inc. A tenant rights organization.
2217 St. Paul Street Baltimore, MD 21218 (410) 243-6007
Local Code Enforcement Agencies (check your local directory)
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Some Laws Concerning Landlord-Tenant Issues in Maryland
You can access these laws at many county libraries or look up specific sections of Maryland laws through Lexis-Nexis at http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Maryland law:
Annotated Code of Maryland
Real Property, Title 8: Landlord and Tenant
8-205 Requirement of landlord to give tenant receipt
8-203 Automatic renewal provisions
8-203.1 Security deposit receipt
8-204 Right of tenant to possession at beginning of lease
8-208.1 Retaliatory evictions
8-208.2 Retaliatory actions for informing landlord of lead poisoning hazards
8-211 Repair of dangerous defects; rent escrow
8-2121.1 Liability of military personnel receiving certain orders
8-213 Applications for leases; deposits
8-401-403 Eviction
Real Property, Title 8A: Mobile Home Parks
Environment
6-801-852 Lead paint hazards
Federal law
Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992
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Frequently Asked Questions
My landlord has not repaired my dishwasher. Can I hold back part of my rent until he does? Not paying your full rent may put you at risk of being evicted. See section on rent escrow for situations that might qualify for rent escrow.
The landlord says I damaged the carpet, but the stains were there when I moved in. What can I do? If you noted the stains on a move-in inspection form that you submitted to the landlord, you have proof that you did not cause the stains. If you didn't note the stains as pre-existing, you have no proof and the landlord may have a right to hold back part of your security deposit.
Do I have a grace period for late rent payments?
Your lease may give you a certain period of time (for example, five days) before a late fee is assessed. However, a landlord may legally begin eviction proceedings as soon as your rent is late.
Can a landlord evict me just by telling me to leave or else he will put my things on the street? No, a landlord must go to court to get a judgment against you first.
I was supposed to move in on the first of the month. The other tenant hasn't moved out. What are my rights? See section on Right to Take Possession at Beginning of Lease.
A landlord wouldn't rent to me, and I think it is a case of discrimination. Who do I complain to? The Maryland Commission on Human Relations investigates complaints of housing discrimination based on race, color, religion, national origin, sex, age, familial status, or physical or mental handicap. Call;
410-767-8600 in Baltimore
410-713-3611 in Salisbury
301-797-8521 in Hagerstown
301-880-2740 in Leonardtown or,
toll-free in Maryland 1-800-673-6247.
Do I have to pay the last month's rent? I thought that was what the security deposit was for. You are obligated to pay rent through the end of the lease, including the last month. If you paid all your rent and didn't cause any damages, the landlord will return your security deposit.
Is there any limit to how much my landlord can increase the rent for a new lease term? Maryland state law has no rent control provisions, although local jurisdictions may have rent control laws. See section on lease renewals.
Updated January 2002
Maryland Attorney General's Consumer Protection Division
Consumer hotline: (410) 528-8662 or 1 (888) 743-0023 toll-free"
Whew, that was a lot. On top of that landlords and tenants need to abide by condo and homeowner association rules which vary from place to place and from time to time.
Best wishes,
Linda
According to the Towson University website:
"Rental House Statutes
In Baltimore County, no more than 2 unrelated people may live together in a single-family dwelling. Houses converted into apartments units are included. In that case, only two per apartment are allowed.
In Baltimore City, the codes are more complex, but in basic, no more than 4 unrelated people may live together in a single-family dwelling."
The Maryland State's Attorney has this on-line information:
"Consumer Publications List
Landlords and Tenants: Tips on Avoiding Disputes
Maryland Attorney General's Office, Consumer Protection Division
This booklet provides you with information about Maryland landlord/tenant laws. It covers topics dealing with applications, leases, security deposits, rent escrow, lead paint hazards, eviction, and where to seek help if problems arise. In reviewing this material, keep in mind that many Maryland counties and Baltimore City have different landlord/tenant laws that may provide additional protections or require that you follow different procedures.
A free, printed copy of this booklet may be ordered by calling the Consumer Protection Division at (410) 576-6500.
This booklet is also available in PDF format; click here.
Application Fees
Leases
Rent Receipts
Security Deposits
Right to Take Possession at Beginning of Lease
Lease Renewals
Breaking a Lease
Rent Escrow: When the Landlord Fails to Make Repairs
Lead-Based Paint Hazards
Eviction
Assistance With Rental Problems
Relevant Laws
Frequently Asked Questions
APPLICATION FEES
Q. Renee applied for an apartment and paid a $25 application fee. The next day she found another apartment she liked better. She asked the first landlord if he would refund her application fee, but he said the fee was nonrefundable. Did the landlord have the right to keep the fee?
A: Yes. A landlord may keep an application fee of $25 or less.
If a landlord rents more than four units on one piece of property, the lease application must explain what your obligations and rights are if an application fee is taken.
An application fee is any fee other than a security deposit paid to a landlord before a lease is signed. You should never sign a lease until your application has been accepted.
Landlords use application fees to cover the costs of processing an application, such as running a credit check. A landlord is entitled to keep an application fee of $25 or less. If the fee is more than $25, the landlord must refund any amount that was not actually used to process your application. The excess amount must be returned to you within 15 days after you've moved in or after you or the landlord has given written notification that the rental won't take place.
If the landlord withholds more than $25 of an application fee from you, you should ask the landlord to provide a written explanation of exactly what expenses were incurred, and what the cost of each item was. If you are not satisfied with the explanation, you may want to pursue the matter further.
If, at the time you fill out an application, a landlord asks for money to hold an apartment, it may not be clear to you that you are being asked for a security deposit. It is not wise to pay a security deposit until your application has been accepted and you are signing a lease. Before you pay any money, you should confirm with the landlord whether it will be refunded if you decide not to rent or if the landlord decides not to rent to you. Ask the landlord to write that information on a receipt. This could save you from having to fight to get the money refunded later.
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LEASES
Q. Larry made an oral agreement with a landlord that he would rent an apartment on a month-to-month basis for $600 a month, that he would pay the utilities, and move in on the 15th of the following month. Is this a legal contract?
A. Yes. Oral leases are legal for lease terms of less than one year. However, a written lease is strongly recommended to help landlords and tenants avoid disputes.
A landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the State. Otherwise the landlord and tenant may orally agree on what the rent and other terms of the rental will be. If you enter into such an oral contract, it is very important that you know your and your landlord's legal rights and responsibilities. You should also have a clear understanding with your landlord about all terms in the agreement. However, it would be to your advantage to clarify things by having your agreement with the landlord in a written lease.
Many landlords use a standard lease for all their tenants. However, there is nothing to prevent you from negotiating your own terms with the landlord. Additional terms can be written on the agreement, and terms that are unacceptable to you can be crossed out. Of course the landlord has to agree to these terms as well. Be sure that all changes are dated and initialed by both you and the landlord.
Maryland law requires that a landlord who offers five or more dwelling units for rent in Maryland must include in each lease a statement that the premises will be available in a reasonably safe, habitable condition; or, if that is not the agreement, a statement concerning the condition of the premises. The lease must also specify the landlord's and the tenant's obligations as to heat, gas, electricity, water, and repair of the premises.
A lease may not contain any provision that denies rights granted to tenants under Maryland law. The lease may not:
· authorize a confessed judgment, whereby you waive all rights to defend yourself;
· impose a late rent penalty higher than 5 percent of the amount owed;
· impose a late rent penalty higher than $3 a week where rent is paid weekly (not to exceed $12 a month);
· give the landlord the right to evict or take any of your personal possessions without a court judgment;
· provide for less than 30 days' notice to terminate your lease.
Advance Copy of the Lease
If you request it in writing, a landlord must give you a copy of a lease before you decide whether to rent. It must include all terms agreed upon, complete in every detail, but it does not have to state your name and address, the date you are moving in, or identification and rental rate of your unit.
It is a very good idea that you get a copy of the lease to read in advance. Before you sign a lease, you should be aware of all the terms it includes, including when rent is due, late fees, procedures for giving notice at the end of the lease, automatic renewal provisions and return of the security deposit. You should also read and make sure you can live with the rules regarding pets, parking, storage areas, noise, requirements to cover floors with carpeting, trash, maximum number of occupants, and move-out procedures.
RENT RECEIPTS
A landlord is required to give a tenant a receipt for a rent payment if the tenant makes the payment in cash or if the tenant requests a receipt. (In Anne Arundel County, a landlord is required to give a receipt unless the payment is by check or unless the tenant rents the property for commercial or business purposes.)
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SECURITY DEPOSITS
A security deposit is any money paid by a tenant to a landlord that protects the landlord against damage to the rented property, failure to pay rent, or expenses incurred due to a breach of the lease.
The security deposit may not be more than two months' rent. If you are overcharged, you have the right to recover up to three times the extra amount charged, plus reasonable attorney's fees.
You must receive a receipt for the security deposit. The receipt can be included in the written lease. There is a $25 penalty if the landlord fails to give you a receipt.
The receipt or lease should tell you of your right to receive from the landlord a written list of all existing damages in the rental property, if you make a written request for it within 15 days of taking occupancy. If a list of the existing damages is not provided, the landlord may be liable for three times the security deposit, less any damages or unpaid rent.
The landlord must put the security deposit in an escrow account. When returning security deposits of $50 or more, the landlord must include simple interest of 3 percent per year, accrued at six-month intervals from the date the security deposit was paid (1.5 percent every six-month period).
Return of the Security Deposit
Security deposit disputes often involve misunderstandings about when the landlord is entitled to keep the security deposit, and disagreements about whether the tenant caused damage to the rental unit.
Q. Benny broke his lease when he bought a house. The landlord was able to rent to a new tenant three days after Benny moved out. However, he said he was keeping Benny's security deposit because Benny had broken the lease. Was the landlord entitled to keep the money?
A. No, not the entire amount. A landlord may only withhold from the security deposit an amount equal to actual damages suffered. The landlord didn't incur any expenses in re-renting, and there was no damage to the apartment, so his only loss was the three days of lost rent.
Q. Carrie lived in an apartment for five years. When she moved out, the landlord kept her security deposit to repaint the apartment and replace the living room carpet. Was the landlord entitled to keep the money?
A. No. Unless Carrie damaged the carpet or the walls beyond ordinary wear, the landlord could not keep any money from the security deposit. A landlord may not keep a tenant's security deposit to pay for improvements needed due to normal wear and tear.
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.
If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.
You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving, and your new address. The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be held within five days before or five days after your move-out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit. If the landlord does not, he or she forfeits the right to withhold any part of the security deposit for damages.
Your rights and duties are different if you have been evicted for breach of the lease, or have left the rented property before the lease expired. Under these circumstances, in order for you to receive the security deposit plus interest, you must send a written notice to the landlord by first class mail within 45 days of being evicted or leaving the property. This notice must advise the landlord of your new address and request the return of your deposit. Once the written request is received, the landlord must then take certain steps.
• A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
• The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney's fees.
"Damage" or Normal Wear and Tear?
This is often the point on which landlords and tenants disagree. Unfortunately there are no hard and fast rules that fit every situation. However, common sense suggests that carpeting will need to be replaced periodically, and walls will need repainting, due to normal wear and tear. A landlord must expect to bear these costs as part of doing business. If, however, a tenant scorched a large area of the carpeting, or dragged an appliance over it and ripped it, that could reasonably be considered damage. Leaving small holes from picture hooks in the wall would be wear and tear, while knocking a hole in the wall that would require drywall or plaster repair could be damage.
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RIGHT TO TAKE POSSESSION AT BEGINNING OF LEASE
Q. Zack was supposed to move into his new apartment on March 1st. However, the previous tenant did not move out on time and the landlord said the apartment would not be ready until the 6th. What could Zack do?
A: Zack had the right to cancel his lease and get back any prepaid rent or security deposit he had paid to the landlord. If he chose to wait for the apartment, he could find temporary lodging, put his furniture into storage, and have the landlord pay for those expenses as well as additional moving expenses. He would not owe rent for the days he was not able to occupy the apartment.
If a landlord fails to allow you to take possession of your rental unit at the beginning of your lease, you have the right to cancel the lease with a written notice to the landlord. Also, the landlord is liable to you for any damages you suffer as a result of not being able to move in at the beginning of the lease, whether or not you decide to cancel the lease. Unfortunately, while the landlord may be legally responsible for the your expenses in this situation, it may not be easy to obtain payment. You may have to take the landlord to court and then undertake collection efforts.
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LEASE RENEWALS
Q. Linda knew she had to give her landlord 30 days' notice before moving out. Six weeks before the end of her lease, Linda told a rental office employee that she would move out at the end of the lease. Later, the rental office notified her that her lease had automatically renewed, because she hadn't given the notice in writing, as required by the lease. Was the landlord allowed to do this?
A: Yes. To protect yourself, always give the landlord notice of your intention to move out in writing, and keep a copy for yourself.
Many leases contain a provision that allows the lease to automatically renew for another term, or to renew on a month-to-month basis, unless either the landlord or the tenant gives prior notice that they will not renew. Note how many days' notice you will have to give the landlord if you do not wish to renew the lease. If you fail to give this notice in time, you could find your lease automatically renewed.
You should give the notice in writing and be sure that the landlord receives it on time. Send the notice by certified mail if you want to have proof that it was received on time.
An automatic renewal provision in a lease must provide a space for the tenant to give written acknowledgment agreeing to the provision. If the landlord cannot show your signature, initials or witnessed mark acknowledging that provision, the landlord cannot enforce an automatic renewal of the lease.
Other leases do not have automatic renewal provisions, so you must sign a new lease if you wish to continue renting.
Rent Increases or Other Changes in Terms
If you wish to continue renting, be sure you know whether any of the terms of the lease will change. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew or not. If your lease does not automatically renew, be sure to thoroughly read the new lease you will sign. It is a new contract between you and the landlord and any of the terms may be different from the terms in your original lease.
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BREAKING A LEASE
Q. Janet notified her landlord that she had to break her lease, as she was getting married. The landlord said she would be responsible for the rent for the remaining four months of the lease if he did not find a new tenant. Was the landlord correct?
A. Yes.
A lease obligates you to pay rent through the end of the lease. If you break your lease, the landlord can hold you responsible for the rent due through the remainder of the lease. However, a landlord is required to make a reasonable effort to re-rent the apartment to limit losses. If the landlord is able to re-rent the unit, you are only responsible for the rent until the date the new tenant moves in. However, a landlord with multiple vacant units is not required to put a new tenant into the unit you have vacated. Also, a landlord can hold you responsible for costs of re-renting, such as advertising for a new tenant.
Some written leases have a clause that allows the tenant to cancel the lease with a certain amount of notice, and perhaps the payment of a fee, such as two month's rent. Some other leases contain a clause that allows a tenant to cancel the lease if the tenant is transferred by an employer to a location a certain number of miles away. Under Maryland law, military personnel who have received orders for a permanent change of station (or temporary duty for more than three months) may end a lease with proper notice.
It's wise to think ahead before signing a long-term lease. If you anticipate buying a house, getting married or having to move for some other reason in the near future, ask the landlord to give you a six-month lease or a month-to-month lease. If you anticipate a job transfer, ask the landlord to add a job transfer clause to the contract that would allow you to end the lease early, with appropriate notice.
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RENT ESCROW: WHEN THE LANDLORD FAILS TO MAKE REPAIRS
Q. During the winter months there was very little heat in Sally's apartment. After calling the landlord several times about the problem, she sent a written complaint that was ignored. Sally then reported this condition to the city housing inspector, who issued a notice of violation to the landlord. Can Sally stop paying rent until the landlord fixes the problem?
A. No, if she stopped paying rent the landlord could evict her. However, Sally has the right to have adequate heat in her apartment. By following certain steps, she can deposit her rent money into an escrow account established at the district court instead of paying rent to her landlord.
Under Maryland law, if a landlord fails to repair serious or dangerous defects in a rental unit, you have the right to pay your rent into an escrow account established at the local district court. But the law is very specific about the conditions under which rent may be placed in escrow. You must give the landlord proper notice and adequate time to make the repairs before you have the right to place rent in escrow. The escrow account can only be set up by the court.
The serious or dangerous conditions include, but are not limited to:
Lack of heat, light, electricity or water, unless you are responsible for the utilities and the utilities were shut off because you didn't pay the bill.
Lack of adequate sewage disposal; rodent infestation in two or more units.
Lead paint hazards that the landlord has failed to reduce.
The existence of any structural defect that presents a serious threat to your physical safety.
The existence of any condition that presents a serious fire or health hazard.
Rent escrow is not provided for defects that just make the apartment or home less attractive or comfortable, such as small cracks in the floors, walls or ceiling.
In order to withhold rent for conditions that constitute a threat to life, health or safety you must notify the landlord by providing actual notice or by certified mail, or the landlord must receive notice of the violations from an appropriate government agency such as the local housing department.
The landlord then has a reasonable amount of time after receipt of the notice in which to correct the conditions. If the landlord fails to do this, you may go to court to file a rent escrow action asking to pay the rent to the court.
Before an escrow account can be established, the court will hold a hearing to listen to both sides of the story. If the facts call for a rent escrow account to be set up, the judge can take several actions, including returning all or part of the money to you as compensation, returning all or part of the money to you or the landlord in order to make repairs, or appointing a special administrator to ensure that the repairs are made. Once the escrow account is established, you must continue to regularly pay rent into this account.
Baltimore City has a rent escrow law that is very similar to the state law. Therefore, Baltimore residents must exercise their rent escrow rights under city law. If you reside in a county where such a rent escrow law has been adopted, you must follow procedures required in the local law for setting up an escrow account.
You also may withhold rent without establishing an escrow account, but you still must notify the landlord by certified mail of the problems in the unit and of your refusal to pay the rent. However, the landlord could take you to court and try to evict you. You then may defend yourself by telling the court your reasons for withholding rent. If the court agrees that the condition of your home or apartment poses a serious threat to your life, health or safety, you will be required at that time to put your rent payments into an escrow account until the dispute is resolved.
Besides rent escrow, what else can a tenant do if a landlord does not make repairs?
One thing a tenant can do is to report the landlord to local authorities. Under a law that was passed by the Maryland General Assembly in 1986, every county in the state must adopt a housing code that meets minimum statewide standards. Some counties and Baltimore City already have comprehensive housing and building codes that are enforced by local authorities. The local authorities will investigate your complaints and, if the landlord is cited for violations, repairs will have to be made.
LANDLORD RETALIATION AGAINST TENANTS
Q. Julie and two other tenants in her apartment complex circulated a petition to form a tenants' group to deal with the landlord's failure to make repairs. The landlord's nephew, who is also a tenant in the complex, reported this activity to the landlord. Julie was notified by the landlord that her rent would increase by $100 a month. Does Julie have to pay the higher rent or face eviction?
A. No.
A landlord cannot evict you, increase your rent, or fail to provide services because you organize or join a tenant's organization. Nor could the landlord take any of these actions if you had complained to him, filed a complaint against him with the housing inspection department or other agency, or filed a lawsuit. However, you would have to prove that retaliation was the only reason for the landlord's action.
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LEAD-BASED PAINT HAZARDS
Q. Carl and Sandra rented an older rowhome. Because they had young children, they asked the landlord if the home had lead paint. The landlord said she had recently painted the walls and woodwork and there was no chipping paint, so they didn't need to worry. Should Carl and Sandra be satisfied with that answer?
A. No. At the very least, both federal and Maryland law requires a landlord renting an older home (built before 1978 for federal law, before 1950 for Maryland law) to give a tenant a specific pamphlet about lead paint hazards. More importantly, Maryland law requires landlords renting homes built before 1950 to give the tenant a Risk Reduction Certificate proving the property has had lead risk reduction measures taken.
Lead-based paint found in older homes is extremely dangerous to young children and pregnant women. Lead poisoning can cause learning disabilities, hearing loss, attention deficit disorder, loss of IQ, speech development delays, hyperactivity, and aggressive behavior in children. In pregnant women, it can cause abnormal fetal development and miscarriage.
What Maryland Law Provides:
A landlord renting a property built before 1950 in Maryland must meet three requirements before renting a property to you:
register the property and pay a $10 fee annually to the Maryland Department of the Environment,
give you the pamphlets "Lead Poisoning Prevention: Notice of Tenant's Rights" and "Protect Your Family From Lead in Your Home," and
perform Full Risk Reduction Measures (lead hazard treatments) in the property and get a Risk Reduction Certificate, and give you a copy of the certificate before you move in.
If a tenant sends a written "Notice of Defect" to a landlord that there is chipping, peeling paint or a child with elevated blood lead level in the property, the landlord must respond by performing Modified Risk Reduction Measures within 30 days after receiving the notice. Pregnant women and children under 6 years old must not be in the house while Risk Reduction Treatments are being performed. If you are required to leave your house for more than 24 hours while treatments are performed, the property owner must pay for reasonable expenses for overnight housing and meals for your family to stay in temporary lead-safe housing.
It is illegal in Maryland for a landlord to retaliate and evict a tenant primarily because the tenant or a housing inspector sends a notice to the landlord informing him or her that there are lead hazards in the property or that there is a child with an elevated blood lead level in the property.
Requirements of Federal Law:
Federal law (Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992) requires that a landlord renting a property built before 1978 disclose any known lead-based paint hazards on the property to the tenant before the lease is final. The landlord must also give the tenant a "Protect Your Family From Lead in Your Home" pamphlet explaining the dangers of lead-based paint hazards.
Fair Housing Reminder
It may be illegal for a landlord to require that a family disclose the blood lead levels of their children prior to the approval of their rental application, or to discriminate by refusing to rent to families with children or families with lead-poisoned children. Some landlords have been sued for these actions.
More Information
For more information on the dangers associated with lead-based paint and how to deal with it in your home, contact the Coalition to End Childhood Lead Poisoning at (800) 370-LEAD or the Maryland Department of the Environment (MDE) at (800) 776-2706. The MDE also has helpful information for tenants and landlords, including copies of the mandated pamphlets, at its LeadLine website (www.mde.state.md.us/health/lead/). If you suspect your child has been exposed to lead-based paint, call your child's doctor immediately to request a blood test.
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EVICTION
Q. Joe and two fellow college students rented a house. The lease stated that only three non-related adults could occupy the house, but Joe invited two more students to move in to share costs. After neighbors complained about loud parties, the landlord discovered the extra tenants. He told the students he was evicting all of them for breach of lease and they had to be out of the house by the weekend. Could the landlord do that?
A. No. The landlord can evict the students, but not immediately. State law requires the landlord to first give the tenant one month's advance notice that he is ending the lease and the reason why.(If the breach of lease involves tenant behavior that constitutes a danger to other people or property, the landlord must only give 14 days advance notice.) If the tenant fails to move out, the landlord has to go to court to get an eviction judgment.
Eviction is a legal procedure. The landlord can't just tell you that you have to move or throw out your belongings. To evict you, a landlord must go to district court to get a judgment against you. If a landlord moves your belongings out of the home, changes the locks, or cuts off utilities without a court order, you should call the police and an attorney or legal services organization.
A landlord cannot evict you simply because you have filed a complaint or a lawsuit against him or her or have joined a tenant's association. This is called a "retaliatory eviction," and you may be able to stop an eviction by showing the court that your landlord is evicting you solely for one of these reasons.
A landlord can evict you for:
Non-payment of rent. Your landlord can begin the eviction process as soon as your rent due date has passed and you have not paid the rent. In most instances, you can stop the eviction any time before the sheriff actually comes to evict you by paying the rent that is owed.
Holding over.' If you do not move out when your lease has ended, your landlord may evict you for "holding over." The landlord must prove that he or she gave you proper notice (at least one month's advance written notice) of the ending of your lease.
Breach of lease. A landlord may evict you for breaking some part of your lease (for example, by having more people living in the home than the lease permits). Before going to court, the landlord must give you one month's advance written notice ending the lease (only 14 days' notice is required when the tenant has exhibited behavior that constitutes a threat to others'safety). The landlord will have to prove that you violated your lease and that the violation was a serious one.
In addition, the state's attorney, the county attorney, or community associations may bring an eviction action against tenants involved in illegal drug activities.If your landlord begins an eviction proceeding, you will receive an official summons to attend a hearing. The summons may be served on you in person, but most often it is mailed and/or posted on the rental property. Don't ignore it. Go to the hearing and be on time! If you don't show up the landlord will probably win.
The hearing gives you the chance to tell your side of the story. For example, you may be able to prove that you did pay the rent, or that you tried to pay the rent but the landlord wouldn't accept it, or that the landlord didn't give you a month's written notice that you had violated your lease and had to move out.
If the judge finds the landlord's case more convincing, he or she will rule in favor of the landlord. Within five working days, the landlord can file for a court order for the eviction, called a "warrant of restitution," and arrange for a sheriff to oversee the eviction.
You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.
On the date of an eviction, the sheriff will come to the rental unit to order the tenant and everyone inside to leave. The landlord or the landlord's employees can then remove all property from the unit and put it on the public right-of-way while the sheriff supervises. Once the property is moved from the unit, it is the tenant's responsibility.
Help for Tenants Facing Eviction
Baltimore Neighborhoods, Inc. offers information to tenants (and landlords) statewide about their rights and responsibilities in eviction: toll-free (800) 487-6007.
If an eviction would leave you homeless, you may be eligible for help from an eviction prevention program offered by a non-profit housing assistance group or your local government. One such program is offered by Baltimore City's Department of Social Services: (410) 878-8650.
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ASSISTANCE WITH RENTAL PROBLEMS
The Attorney General's Consumer Protection Division has a Mediation Unit that can help you try to resolve a dispute with a landlord.
Downtown Baltimore Office
200 St. Paul Place, 16th Floor
Baltimore, MD 21202-2021
Complaint Line:
(410) 528-8662 or
1 (888) 743-0023 toll-free
9 a.m. to 3 p.m., M-F
TDD for hearing impaired person: (410) 576-6372
Website: www.oag.state.md.us/consumer (consumers can download a consumer complaint form)
Branch Offices
Cumberland Telephone Assistance
(301) 722-2000
9 a.m. to 12 p.m., 3rd Tuesday of each month
Frederick Telephone Assistance
(301) 694-1071
9 a.m. to 1 p.m., 2nd and 4th Thursday of each month
Western Maryland Branch Office
44 North Potomac Street, Suite 104
Hagerstown, MD 21740
(301) 791-4780
8:30 a.m. to 4:30 p.m., Mon-Fri.
Eastern Shore Branch Office
201 Baptist Street
Salisbury, MD 21801
(410)713-3620
8:30 a.m. to 4:30 p.m., Mon-Fri.
Southern Maryland Branch Office
15045 Burnt Store Road
Hughesville, MD 20637
Mailing address:
P.O. Box 745
Hughesville, MD 20637
301-274-4620 or toll-free 1-866-366-8343
9:30 a.m. to 2:30 p.m.,Tuesdays
Although the Consumer Protection Division covers the entire state, some counties also have their own consumer protection offices that could help you with rental problems. Find out if your county has its own landlord-tenant laws that might offer you extra protection. These two counties have a consumer affairs division that can try to help you with your dispute:
Howard County Office of Consumer Affairs
6751 Columbia Gateway Drive
Columbia, Maryland 21046
(410) 313-6420
Montgomery County Division of Consumer Affairs
100 Maryland Avenue, Suite 330
Rockville, Maryland 20850
(240) 777-3636
The Legal Aid Bureau
The Legal Aid Bureau, Inc. is a private non-profit law firm that offers free legal services to people with limited incomes. If you require legal help to resolve a landlord-tenant dispute, and are financially eligible for the Bureau's services, you can go to one of the Legal Aid offices located throughout the state.
Central Legal Aid 500 E. Lexington Street Baltimore, MD 21202 (410) 539-5340; (800) 999-8904
Anne Arundel County Office 229 Hanover Street Annapolis, MD 21401 (410) 269-0846 Baltimore/ (410) 263-8330 Anne Arundel Co./ (202) 261-1956 D.C. Metro area
Baltimore County Office 29 West Susquehanna Avenue Suite 305 Towson, MD 21204 (410) 296-6705
Cherry Hill Office 2490 Giles Road Baltimore, MD 21225 (410) 355-4223
Harford/Cecil County Office 5 N. Main Street Suite 200 Bel Air, MD 21014 (410) 836-8202 Harford Co. (410) 879-3755 Baltimore Co. (800) 444-9529
Howard County Office District Court, 2nd Floor 3451 Court House Drive Ellicott City, MD 21043 (410) 480-1057
Lower Eastern Shore Office 111 High Street Salisbury, MD 21801 (410) 546-5511
Metropolitan Maryland (Montgomery, Prince George's and Howard Counties) Office 6811 Kenilworth Avenue Calvert Building, Suite 500 Riverdale, MD 20737 (301) 927-6800
Midwestern Maryland Office (Frederick, Washington and Carroll Counties) 203A Broadway Frederick, MD 21701 (301) 694-7414/(800)679-8813
Montgomery County Office 14015 New Hampshire Avenue Silver Spring, MD 20904 (301) 879-8752
Northeastern Maryland Office (Harford and Cecil Counties) 5 North Main Street, Suite 200 Bel Air, MD 21014 (410) 836-8282 Harford Co./(410) 879-3755 Baltimore
Southern Maryland Office Route #231, 15364 Prince Frederick Road, Hughesville, MD 20637 (301) 932-6661 Charles Co./ (301) 884-5935 St. Mary's Co./ (410) 535-3278 Calvert Co.
Upper Eastern Shore Office 210 Marlboro Road Easton MD 21601 (410) 763-9676
Western Maryland Office 110 Greene Street Cumberland, MD 21502 (301) 777-7474 Allegany Co./ (301) 334-8832 Garrett Co.
Other Resources
You may also get help from these groups:
The Public Justice Center's Tenant Advocacy Project. Assists low-income tenants in Baltimore to improve substandard housing conditions and prevent unjust evictions.
500 E. Lexington St.
Baltimore, Maryland 21202
(410) 625-9409
Baltimore Neighborhoods, Inc. A tenant rights organization.
2217 St. Paul Street Baltimore, MD 21218 (410) 243-6007
Local Code Enforcement Agencies (check your local directory)
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Some Laws Concerning Landlord-Tenant Issues in Maryland
You can access these laws at many county libraries or look up specific sections of Maryland laws through Lexis-Nexis at http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Maryland law:
Annotated Code of Maryland
Real Property, Title 8: Landlord and Tenant
8-205 Requirement of landlord to give tenant receipt
8-203 Automatic renewal provisions
8-203.1 Security deposit receipt
8-204 Right of tenant to possession at beginning of lease
8-208.1 Retaliatory evictions
8-208.2 Retaliatory actions for informing landlord of lead poisoning hazards
8-211 Repair of dangerous defects; rent escrow
8-2121.1 Liability of military personnel receiving certain orders
8-213 Applications for leases; deposits
8-401-403 Eviction
Real Property, Title 8A: Mobile Home Parks
Environment
6-801-852 Lead paint hazards
Federal law
Title X - The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992
Back to top
Frequently Asked Questions
My landlord has not repaired my dishwasher. Can I hold back part of my rent until he does? Not paying your full rent may put you at risk of being evicted. See section on rent escrow for situations that might qualify for rent escrow.
The landlord says I damaged the carpet, but the stains were there when I moved in. What can I do? If you noted the stains on a move-in inspection form that you submitted to the landlord, you have proof that you did not cause the stains. If you didn't note the stains as pre-existing, you have no proof and the landlord may have a right to hold back part of your security deposit.
Do I have a grace period for late rent payments?
Your lease may give you a certain period of time (for example, five days) before a late fee is assessed. However, a landlord may legally begin eviction proceedings as soon as your rent is late.
Can a landlord evict me just by telling me to leave or else he will put my things on the street? No, a landlord must go to court to get a judgment against you first.
I was supposed to move in on the first of the month. The other tenant hasn't moved out. What are my rights? See section on Right to Take Possession at Beginning of Lease.
A landlord wouldn't rent to me, and I think it is a case of discrimination. Who do I complain to? The Maryland Commission on Human Relations investigates complaints of housing discrimination based on race, color, religion, national origin, sex, age, familial status, or physical or mental handicap. Call;
410-767-8600 in Baltimore
410-713-3611 in Salisbury
301-797-8521 in Hagerstown
301-880-2740 in Leonardtown or,
toll-free in Maryland 1-800-673-6247.
Do I have to pay the last month's rent? I thought that was what the security deposit was for. You are obligated to pay rent through the end of the lease, including the last month. If you paid all your rent and didn't cause any damages, the landlord will return your security deposit.
Is there any limit to how much my landlord can increase the rent for a new lease term? Maryland state law has no rent control provisions, although local jurisdictions may have rent control laws. See section on lease renewals.
Updated January 2002
Maryland Attorney General's Consumer Protection Division
Consumer hotline: (410) 528-8662 or 1 (888) 743-0023 toll-free"
Whew, that was a lot. On top of that landlords and tenants need to abide by condo and homeowner association rules which vary from place to place and from time to time.
Best wishes,
Linda
Monday, September 26, 2011
Water Laws & Rain Barrels...Colorado Style!
Wow, you think installing a rain barrel is difficult near you...check out the water laws in Colorado! Copied from the Adobe Gold website: http://www.adobegold.com/property-information/colorado-water-info/#.ToDCvylPN84.email which my sister sent me! Read on:
"Learn why Colorado has so many 35 acre parcels….
Water Laws in the West are certainly different than in most parts of the United States. This explanation is a very simple one, if more information is needed we will be happy to assist you in any way or refer you to someone who can.
From the 1850′s to 1870′s prospectors introduced a new beneficial use of water to secure rights to use the available water. “First in Time equaled First in Right!” Between 1870 and 1969 Cattle Ranching and Farming progressed to use this system also. This pertains to surface water and well water that might be drawn from a surface source. Example: If you have 35 miners, ranchers or farmers who own rights to draw water from a certain surface water source each will have a specified amount of water that they can take from the source . If in a dry year there is only enough water to allow numbers 1-20 to have water then numbers 21-35 won’t have water. This is First in Time, First in Right. Water rights are sold separate from surface rights and usually will cost more than the land itself. But this pertains to surface water in most cases.
As of 1972 property owners in Colorado were required to own at least 35 acres in order to get a Domestic Well permit. This was to limit the impact on the water supplies. Note: This is not a Water Right! This is just a permit from the State of Colorado to secure water for your household. A Domestic Well Permit allows you to supply water to your Residence and outbuildings, irrigate up to only 1 (one) acre of land, and to water your Livestock. Commercial uses are permitted differently.
Note: Domestic Well Permits and their uses are subject to change. Local Counties also may make changes as to the number of wells or uses of those wells. So be sure to inquire when you are making a purchase as to the current status of wells in the area you plan to purchase.
You will find current Water information on our State’s Web Site here Colorado Division of Water Resources
If you have less than 35 acres (34.99 or less) you are issued a “House Hold Use Only” permit which is for use inside your home only. If you need to wash your vehicles, water your livestock/horses, or water your garden you will have to haul water for that purpose. Outside faucets are also restricted. You are not allowed to use it for any purpose other than in the household.
This explains why most Mountain Properties are sized at least 35 acres or larger. The good side of this is that this has restricted developments with 1-5 acre parcels all over the mountain sides and preserves our open space and forests to share with the wildlife. We feel that this 35 acre requirement has been good for Colorado land owners.
In this area we are not tapping into underground aquifers but underground streams, cracks and fizzures to find water. This makes finding water a bit harder to find in some places. Well dowsers are commonly used to locate water. We can recommend an excellent dowser to you, just email or call for more information.
What about costs for drilling a well in the mountains?
If you figure about $18 to $20 per foot for a completed well with casing and pump you will be pretty close. Most wells in the surrounding mountain areas west of Trinidad are between 400 to 800 feet deep on average. Recently I have heard the cost to drill an 800 foot well is about $15,000 not including the cost of installing the pump and that pump for an 800 foot deep well could cost between $6,000 and $12,000 depending on pump size and other factors.
Some people elect not to drill a well and they instead install a cistern (water holding tank made of plastic or concrete) and haul water from town or have it delivered by a local company. A cistern will usually hold between 1000-3000 gallons of water depending on your household needs. You can purchase a 300-500 gallon water tank that will fit on your trailer or in the back of a pickup and when you go into town you fill it up at the City Water Department for about 3¢ per gallon.
If you are concerned about the risks of finding water be sure to take a look at Santa Fe Trail Ranch as it is one of only a few Mountain Ranches in this area that has a city supplied water water system. This is very rare indeed and this ranch will be desireable because of its guaranteed water source.
Please feel free to ask us any questions you may have about Colorado Water Laws. If we don’t feel we can answer your question we will point you in the right direction to find the answer you need.
We understand that they most likely are different than your states Water Laws. Also, for your information, in our area of Colorado we have very little surface water in the way of Ponds, Streams, Creeks or Rivers available on properties. Southern Colorado, being very arid, receives most of its moisture from yearly snow fall. And because it is arid any surface water tends to evaporate pretty fast. Gosh where I come from, what they call a river here is not even a good creek. But what we do have here is excellent year round climate with four seasons, very low humidity and awesome incredible views of the snow capped mountains and a quiet peaceful lifestyle that can’t be matched!
Come visit with us and see for yourself what makes Southern Colorado so special. Call us today! We look forward to hearing from you.
Colorado Water Well Permit Locator
Many times when you find a property that you are interested in you will want to check and see what kind of water well history the neighboring properties have. And you can do this by visiting this web page
http://www.dwr.state.co.us/WellViewWeb/
(Note: it is possible that this webpage link could change so if that happens go to the Colorado Division of Water Resources main website at http://www.water.state.co.us/ and look for the link for the Online Data Tools)
Download the Permit Locater User’s Guide here:
http://www.dwr.state.co.us/WellViewWeb/documentation/WellView_Help.pdf "
Aren't you glad now that you just have to fill out a request from your local Village or HOA Association?
Best wishes,
Linda
"Learn why Colorado has so many 35 acre parcels….
Water Laws in the West are certainly different than in most parts of the United States. This explanation is a very simple one, if more information is needed we will be happy to assist you in any way or refer you to someone who can.
From the 1850′s to 1870′s prospectors introduced a new beneficial use of water to secure rights to use the available water. “First in Time equaled First in Right!” Between 1870 and 1969 Cattle Ranching and Farming progressed to use this system also. This pertains to surface water and well water that might be drawn from a surface source. Example: If you have 35 miners, ranchers or farmers who own rights to draw water from a certain surface water source each will have a specified amount of water that they can take from the source . If in a dry year there is only enough water to allow numbers 1-20 to have water then numbers 21-35 won’t have water. This is First in Time, First in Right. Water rights are sold separate from surface rights and usually will cost more than the land itself. But this pertains to surface water in most cases.
As of 1972 property owners in Colorado were required to own at least 35 acres in order to get a Domestic Well permit. This was to limit the impact on the water supplies. Note: This is not a Water Right! This is just a permit from the State of Colorado to secure water for your household. A Domestic Well Permit allows you to supply water to your Residence and outbuildings, irrigate up to only 1 (one) acre of land, and to water your Livestock. Commercial uses are permitted differently.
Note: Domestic Well Permits and their uses are subject to change. Local Counties also may make changes as to the number of wells or uses of those wells. So be sure to inquire when you are making a purchase as to the current status of wells in the area you plan to purchase.
You will find current Water information on our State’s Web Site here Colorado Division of Water Resources
If you have less than 35 acres (34.99 or less) you are issued a “House Hold Use Only” permit which is for use inside your home only. If you need to wash your vehicles, water your livestock/horses, or water your garden you will have to haul water for that purpose. Outside faucets are also restricted. You are not allowed to use it for any purpose other than in the household.
This explains why most Mountain Properties are sized at least 35 acres or larger. The good side of this is that this has restricted developments with 1-5 acre parcels all over the mountain sides and preserves our open space and forests to share with the wildlife. We feel that this 35 acre requirement has been good for Colorado land owners.
In this area we are not tapping into underground aquifers but underground streams, cracks and fizzures to find water. This makes finding water a bit harder to find in some places. Well dowsers are commonly used to locate water. We can recommend an excellent dowser to you, just email or call for more information.
What about costs for drilling a well in the mountains?
If you figure about $18 to $20 per foot for a completed well with casing and pump you will be pretty close. Most wells in the surrounding mountain areas west of Trinidad are between 400 to 800 feet deep on average. Recently I have heard the cost to drill an 800 foot well is about $15,000 not including the cost of installing the pump and that pump for an 800 foot deep well could cost between $6,000 and $12,000 depending on pump size and other factors.
Some people elect not to drill a well and they instead install a cistern (water holding tank made of plastic or concrete) and haul water from town or have it delivered by a local company. A cistern will usually hold between 1000-3000 gallons of water depending on your household needs. You can purchase a 300-500 gallon water tank that will fit on your trailer or in the back of a pickup and when you go into town you fill it up at the City Water Department for about 3¢ per gallon.
If you are concerned about the risks of finding water be sure to take a look at Santa Fe Trail Ranch as it is one of only a few Mountain Ranches in this area that has a city supplied water water system. This is very rare indeed and this ranch will be desireable because of its guaranteed water source.
Please feel free to ask us any questions you may have about Colorado Water Laws. If we don’t feel we can answer your question we will point you in the right direction to find the answer you need.
We understand that they most likely are different than your states Water Laws. Also, for your information, in our area of Colorado we have very little surface water in the way of Ponds, Streams, Creeks or Rivers available on properties. Southern Colorado, being very arid, receives most of its moisture from yearly snow fall. And because it is arid any surface water tends to evaporate pretty fast. Gosh where I come from, what they call a river here is not even a good creek. But what we do have here is excellent year round climate with four seasons, very low humidity and awesome incredible views of the snow capped mountains and a quiet peaceful lifestyle that can’t be matched!
Come visit with us and see for yourself what makes Southern Colorado so special. Call us today! We look forward to hearing from you.
Colorado Water Well Permit Locator
Many times when you find a property that you are interested in you will want to check and see what kind of water well history the neighboring properties have. And you can do this by visiting this web page
http://www.dwr.state.co.us/WellViewWeb/
(Note: it is possible that this webpage link could change so if that happens go to the Colorado Division of Water Resources main website at http://www.water.state.co.us/ and look for the link for the Online Data Tools)
Download the Permit Locater User’s Guide here:
http://www.dwr.state.co.us/WellViewWeb/documentation/WellView_Help.pdf "
Aren't you glad now that you just have to fill out a request from your local Village or HOA Association?
Best wishes,
Linda
Thursday, September 15, 2011
Soggy Bottom
I learned a lot at the MAR conference. Gems to share: Property values are projected to come down another 5-6% in the next 12 months and then slowly begin to rise again according to Steve Harney. The "bottom" is an historical event which we can only clearly define when it has passed according to CRS President, Frank Serio. While we are in what I call the "Soggy Bottom" it is still a Buyer's Market, after we gain firm footing again, it will be a Seller's Market. Enjoy the lovely weather!
Sunday, March 6, 2011
Real Economy - Sell-A-Bration
Spring is just around the corner and Sellers are getting their homes ready for market. Buyers are hoping to take advantage of low interest rates and good weather to find a home to call their own. Smart Buyers and Sellers realize that it is advantagious to buy (yes, and sell) when prices are lower because some of the costs associated with transfering ownership are also lower which can save money overall. The resulting mortgage payments are also lower when rates are lower, increasing buying power and lowering the cost of the mortgage over the life of the loan. Rents continue to rise in this area and there has been increased demand for rentals this past year.
I attended Sell-A-Bration in February for the first time and I was very pleased and learned a lot. Anyone thinking of attending next year, I highly recommend it!
Best wishes and stay dry! Linda
I attended Sell-A-Bration in February for the first time and I was very pleased and learned a lot. Anyone thinking of attending next year, I highly recommend it!
Best wishes and stay dry! Linda
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