Landlord/Tenant Law Question

[Dennis Hill]

I could really use some advise from the BP Community!  I am having some difficulty with one of my tenants.  Here's the scenario - I have/had my tenant set up on biweekly automatic rent payments through her workplace payroll.  She has missed the last 2 payments.  The property is in need of a new HW Heater.  She just reported she had no hot water Friday.  I had a plumber come out to assess this issue Mon.  My question is can I delay installation of the new HW Heater until rent is paid?  I feel it's my only recourse/leverage at this point since courts will not process evictions in the state of MD as a result of Corona Virus/COVID-19 pandemic!  I'd really appreciate any advise you all are able to offer!

[Mike McCarthy]

@Dennis Hill negative. Without providing the essentials, water, hot water, heat, etc. you’re eliminating (or at least reducing) your ability to evict. There are processes that tenants can follow to withhold/escrow rent that are perfectly legal for an unhabitable house.

Fix the water heater and talk to her about catching up on rent payments. Discuss a payment plan. Maybe she’s trying to screw you, or maybe she’s been let go and needs some help getting by - as a lot of people will need in the coming months. Try to work out something that works for both of you.