• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Going to Court and need advice - re: rental deposit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

spunky17

Guest
I'm located in Maryland. We fulfilled our year lease with our previous landlord and left the house in excellent condition. He is known for not giving back deposits so I made sure to take pictures of everything! I have a total of 81 pictures of the house. We found out today that he isn't going to give us our deposit back. We are going to take him to small claims court. Will the pictures be enough to hold up in court? What should I expect? Any advice or help would be great
 


E

eberha14

Guest
Before suing, I would wait first and see if he follows the law regarding return of the security deposit.

According to Maryland law, if you gave your forwarding address he has thirty days after the termination of occupancy to send you a written list of deductions and the amounts he is deducting. This must be done through the mail, not a phone call. Make sure you save the envelopes for the postmark dates. If he fails to send a letter within 30 days, he forfeits any claim to the deposit for damages. (After this, no argument over the appropriateness of the damage deductions from the security deposit is relevant in court, because he will have forfeited any right to keep any of it for damages.)

Also, within 45 days of move-out he is required to send you a refund of the amount not deducted. Failure to do this means that you are entitled to up to treble(triple) back on the amount withheld, plus attorney's fees.

Basically, if he never sends that written list of deductions or sends it late, and doesn't return your security deposit within 45 days, you could get an attorney and sue him in district court for triple back on your security deposit, plus attorney's fees. Or, you could use small claims court. But I'd recommend going through an attorney.

Now, if he does end up following these rules, THEN sue him in small claims court as you were going to, arguing each deduction with your pictures, etc. BTW, do not use certified mail to serve him the papers if you sue in small claims. Ask that the sheriff's office serve the papers.

Keep in mind that he can only deduct for breach of lease reasons, actual damages beyond normal wear and tear, and unpaid rent.

(See excerpts from state statute below
============================================
Maryland Real Property Law: Security deposits:

§ 8-203.
(h) (1) If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 30 days after the termination of the tenancy, a written list of the damages claimed under subsection (g)(1) together with a statement of the cost actually incurred.
(2) If the landlord fails to comply with this requirement, he forfeits the right to withhold any part of the security deposit for damages.


(f) (1) Within 45 days after the end of the tenancy, the landlord shall return the security deposit to the tenant together with simple interest which has accrued in the amount of 4 percent per annum, less any damages rightfully withheld.


(2) Interest shall accrue at six-month intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded.


(3) Interest shall be payable only on security deposits of $50 or more.


(4) If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top