City of Takoma Park: Department of Housing and Community Development What is a Defective Tenancy A defective tenancy is defined as any condition in a rental facility which constitutes a violation of the terms of the lease or provision of the law governing rental housing in Takoma Park. A defective tenancy may be caused by either a landlord or a tenant. An example of a defective tenancy caused by a tenant would be someone who does not maintain his/her rental unit in a clean and sanitary manner, or possibly a tenant having more people living in the rental unit than are allowed on the lease. A defective tenancy caused by a landlord could be any repair or maintenance that needs to be done on the rental property. The first step necessary to correct a defective tenancy is to inform the offending party of the problem in writing, asking for immediate correction. If, for example, a tenant is experiencing a defective tenancy by having a problem with a leaking faucet, the first step would be for the tenant to notify the landlord in writing of the problem. If after a week, there has been no response, the tenant may call the Code Enforcement Division of the Department of Housing and Community Development and ask that an inspector investigate and verify the existence of the violation. A correction order will be mailed to the owner and a time limitation will be given for the landlord to repair the defect, if the inspector is able to verify the violation. Failure of the landlord to correct the violation may result in the city pursuing the matter in court. In cases of emergencies (e.g. lack of any utility, cooking facility, refrigerator, unsafe or hazardous conditions) the landlord should be notified by telephone and if there is no response, then the Code Enforcement Division should be immediately advised. If a defective tenancy is serious enough to cause actual damages or a reduction of service, the tenant can also file a complaint with the Commission on Landlord Tenant Affairs (COLTA) asking for relief of the defective tenancy and a partial reimbursement of rent for the time it has existed. If a landlord has a tenant who is not abiding by the terms of the lease, (e.g. poor housekeeping, failure to abide by the property rules) a one month notice may be given to the tenant requesting that he/she correct the problem or vacate the unit. If correction does not occur, then the landlord may contact the Code Enforcement Division and an inspector will investigate and issue a correction order to the tenant if the inspector is able to verify the violation. In addition the landlord can file a complaint with COLTA for relief of the defective tenancy or can proceed directly to court and pursue eviction. The following identifies some of the major landlord and tenant responsibilities: LANDLORD: A) Maintaining the rental facility and making all repairs and arrangements necessary to keep each rental unit and the building and ground in good, clean and safe condition. B) Providing and maintaining appropriate receptacles and conveniences for recycling and for the removal of rubbish and garbage. C) Supplying hot and cold water, heat and air conditioning as required by the code. (Heat: from October 1 - April 30 with a room temperature not falling below 68 degrees; Air Conditioning: For buildings with mechanical refrigeration, from May 15 to September 15) D) Painting each vacant unit as necessary and repainting all rental units at least once every 5 years with lead free paint. TENANT: A) Keeping the rental unit in a clean and sanitary condition and operating all appliances, electrical and plumbing fixtures in a safe and proper manner. B) Ensuring that the tenant or guest of the tenant do not destroy, damage or remove any part of the rental facility or the equipment and facilities. C) Complying with all written rules of the rental facility which are consented to in writing or which become effective after the onset of the tenancy and are reasonably necessary for the peaceful enjoyment, health, safety and welfare of people lawfully on the property or for the preservation of the property. D) Providing the landlord with keys to any lock that the tenant installs or allows to be installed which controls access to any part of the rental unit. E) Disposing of all garbage and recyclable in a clean and sanitary manner. Any further questions regarding defective tenancy can be directed to the Department of Housing and Community Development at (301) 270-5900.