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<baltimore-city-law heading="§ 9-14.2 Implied warranty of fitness — continuation during tenancy.">
  <section prefix="§" num="9-14.2" heading="Implied warranty of fitness — continuation during tenancy.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In &lt;cite data-path="9|§9-14.2"&gt;this section&lt;/cite&gt; the following words have the meaning indicated unless otherwise apparent from context.</para>
      <para num="(2)" heading="Dwelling.">“Dwelling” means a structure or that part of a structure which is used for or is intended for use, as a home or residence by one person or by two or more persons maintaining a common household.</para>
      <para num="(3)" heading="Notice.">“Notice” means a violation notice from the Department of Housing and Community Development or any other municipal or governmental agency, or a letter sent by the tenant or his agent to the landlord by certified mail, or actual notice of the defects or conditions.</para>
      <para num="(4)" heading="Fit for human habitation.">“Fit for human habitation” means the premises shall not have any conditions which endanger the life, health and safety of the tenants involving vermin or rodent infestation in two or more units, lack of sanitation, lack of heat, lack of running water, or lack of electricity, except where the tenant is responsible for payment of the water and electric charges and where lack of water or electricity is the direct result of the tenant’s failure to pay the water and electric charges.</para>
      <para num="(5)" heading="Reasonable time.">“Reasonable time” means that period of time, after notification, which is required to restore a dwelling to a state fit for human habitation if the landlord pursues the work of restoration with diligence and without culpable delay.  Where there is a dispute between the landlord and the tenant as to what is a reasonable time in a particular instance, it shall be determined as a fact in any legal proceeding in which it is an issue.</para>
    </para>
    <para num="(b)" heading="Continuing warranty.">The warranty of habitability provided in &lt;cite data-path="9|§9-14.1"&gt;Section 9-14.1&lt;/cite&gt; is a continuing warranty, and the tenant may maintain an action for breach of this warranty, at any time during the tenancy, if the dwelling becomes unfit for human habitation.  An action for breach of this warranty may also be maintained as a defense in an action of summary ejectment or distress for rent.</para>
    <para num="(c)" heading="Notice to landlord; reasonable time to repair">No action for breach of warranty may be maintained unless the landlord has notice or knowledge of the conditions which constitute the alleged breach of the warranty of habitability.
The landlord has a reasonable time after notification to repair the defect or damage alleged by the tenant except that there should be a rebuttable presumption that a period in excess of 30 days by the landlord would be unreasonable.  Upon completion of the repairs, the landlord shall notify the tenant or the Department of Housing and Community Development in writing.</para>
    <para num="(d)" heading="Breach as defense to action by landlord.">The tenant may maintain a defense based on &lt;cite data-path="9|§9-14.2"&gt;this section&lt;/cite&gt; to the landlord’s action in summary ejectment or distress for rent.  Damages shall be computed retroactively to the date of the landlord’s actual knowledge of the breach of warranty and shall be the amount of rent paid or owed by the tenant during the time of the breach less the reasonable rental value of the dwelling in its deteriorated condition.</para>
    <para num="(e)" heading="Fault of tenant.">The landlord is not responsible for any defect or damage caused by the tenant, a member of his family, or his visitors which contributes to the uninhabitability of the dwelling; in this instance the tenant shall bear the cost of repair and the cost shall be collected as rent.</para>
    <annotation type="Prior Codifications">1975, ch. 841</annotation>
    <annotation type="Prior Codifications">1986, ch. 557</annotation>
  </section>
</baltimore-city-law>
