roommate won't return security deposit

[tommys67]

What is the name of your state? MD

i rented a room from an individual and signed a homemade contract that stated i would provide 30 days notice upon leaving. i was not able to provide 30 days notice because my roommate was out of town. i could have if he would have been in town. i finally emailed him which resulted in 24 days notice. he now refuses to refund any portion of my deposit. he never mentioned that my deposit would not be returned in full the entire time. i also paid to stay there for the first 10 days in january. my argument rests upon good faith, principle and the spirit of the agreement. i could have easily given him an additional weeks rent even though i wouldn't have been there ensuring an entire 30 day notice. do i have an argument or is it moot since i signed a homemande contract. more detailed information upon request. thank you in advance.

 

[JETX]

'Homemade' lease or not, you still had a lease. And since the 'landlord' has exercised to seize your deposit by using the lease, he/she needs to be in FULL compliance with your states landlord-tenant laws.

MD Code:
"§ 8-203.
(e) (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."

So, keep quiet until the 45 days has expired (give a few extra days, just in case), then send the landlord a very nicely worded demand letter by certified RRR mail. Include a citation to the above statute and that if you don't receive your FULL deposit back within ____ days (7?) from receipt, that you will consider taking legal action for 3 times the amount of the deposit!!

Further, there are other requirements that the landlord must comply with that they are very probably in violation (like required receipt for deposit, etc.). Take a look and see if you can find anymore:
http://mlis.state.md.us/cgi-win/web_statutes.exe?grp&8-203