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Security Deposit - No Written Notice When Moved out

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nataliavv

Junior Member
What is the name of your state?Maryland

Hi,
Thanks for responding to my question.

My landlord is refusing to return me my security deposit of 1 1/2 months, which amonts to total $875 ($550 + 225). Do I have a chance to get some money from her if I go to court in Maryland? This is a lot of money, so that's why I was considering going to court.

Here's my situation.

- occupied July 26 2003 - April 20 2005
- no written lease existed, this was verbal lease
- no verbal / written agreement about me giving my landlords 30 days notice if I move out existed
- 2 co-owners/landlords of the property - female owns 2/3, male owns 1/3
- the male owner/landlord also became my boyfriend 2 weeks after I moved in
- I told both owners verbally at the end of March 2005 that I was planning to buy my own property, and even sent e-mails to my boyfriend/landlord with property links
- he broke up with me on April 20th 2005, a year and a half after us being together, and I moved out on that same day because it was such an extraneous circuimstance and I could not be in that house in this extremely difficult emotional situation (we were planning to get married eventually)
- because I was very distraught when he broke up with me, I FAILED TO PROVIDE WRITTEN NOTICE by US Mail or on paper (didn't know about it, and didn't even think about looking up the law.... the breakup was very difficult for me and affected my judgement) about moving out
- I have e-mail correspondence between my boyfriend and myself as proof of our relationship
- It's been 4 months since I moved out, and landlords NEVER SENT ME WRITTEN ITEMIZED COSTS that they keep from me
- I had to pay rent in May for my temporary housing, so I was hit with 2 May's rents because this landlady doens't want to give me my money back

Thank you very much for your time!!
 


south

Senior Member
You were legally obligated to give the correct notice you were leaving; walking out the front door will not work for you.

A judge could not care less about the sleeping arrangements I am sure you would scream you have rights if the boyfriend had thrown you out instead of you walking out.

The judge will follow the state law if no agreement.




nataliavv said:
What is the name of your state?Maryland

Hi,
Thanks for responding to my question.

My landlord is refusing to return me my security deposit of 1 1/2 months, which amonts to total $875 ($550 + 225). Do I have a chance to get some money from her if I go to court in Maryland? This is a lot of money, so that's why I was considering going to court.

Here's my situation.

- occupied July 26 2003 - April 20 2005
- no written lease existed, this was verbal lease
- no verbal / written agreement about me giving my landlords 30 days notice if I move out existed
- 2 co-owners/landlords of the property - female owns 2/3, male owns 1/3
- the male owner/landlord also became my boyfriend 2 weeks after I moved in
- I told both owners verbally at the end of March 2005 that I was planning to buy my own property, and even sent e-mails to my boyfriend/landlord with property links
- he broke up with me on April 20th 2005, a year and a half after us being together, and I moved out on that same day because it was such an extraneous circuimstance and I could not be in that house in this extremely difficult emotional situation (we were planning to get married eventually)
- because I was very distraught when he broke up with me, I FAILED TO PROVIDE WRITTEN NOTICE by US Mail or on paper (didn't know about it, and didn't even think about looking up the law.... the breakup was very difficult for me and affected my judgement) about moving out
- I have e-mail correspondence between my boyfriend and myself as proof of our relationship
- It's been 4 months since I moved out, and landlords NEVER SENT ME WRITTEN ITEMIZED COSTS that they keep from me
- I had to pay rent in May for my temporary housing, so I was hit with 2 May's rents because this landlady doens't want to give me my money back

Thank you very much for your time!!
 

nataliavv

Junior Member
Hi south, thanks for your reply.

What about the fact that the landlord waited 4 months until she responded to my request to return me my deposit?

There's something in the law that I saw on-line that says that the landlord is supposed to send me a list in WRITING WITHIN 45 DAYS of me MOVING OUT with explanations and items of what she's withholding from my security deposit. The law said that if landlord DOESN'T send me this statement, she FORFEITS her rights to keep ANY portion of my security deposit. I repeatedly made attempts to contact her by e-mail and by phone regarding this, and she waited 4 months until she provided me answer by e-mail.

this is what I found on some internet sites:
--------------
When the tenancy has been properly ended, the landlord has 45 days to send an itemized list of any charge to the security deposit and to return any balance. Simple interest is due at the rate of 2% for every 6 month period that the landlord has had the security deposit. If the landlord improperly fails to return the security deposit and interest, the landlord can be sued for up to three times the total amount which is due. At the time the tenant gives the security deposit, the landlord must inform the tenant in writing of tenant▓s right to be present at a final inspection at the end of the tenancy.
------------
also this:
• A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
-----
also this:
These include but may not be limited to allowing the tenant to be present at a “move-out” inspection, providing a written list of alleged damages within 45 days, and returning the deposit or portion owed, with interest required by law, within the 45 day period. Landlords may also keep the deposit to cover rent or bills that the tenant owes but has not paid.
----------------------

Does this matter in my situation at all?

Thanks much again, I appreciate your time.
 

south

Senior Member
Yep that part you are in the right, the landlord is required to send you notice within X-days (most states 21 days) of deductions to deposit etc.

You could take it to court but you will probably be counter sued for the rent owed on the notice period, could end up as a wash or worse.

Work out what would be owed on rent if you are required to give 30-60 days notice in your state then that is what you will owe..



nataliavv said:
Hi south, thanks for your reply.

What about the fact that the landlord waited 4 months until she responded to my request to return me my deposit?

There's something in the law that I saw on-line that says that the landlord is supposed to send me a list in WRITING WITHIN 45 DAYS of me MOVING OUT with explanations and items of what she's withholding from my security deposit. The law said that if landlord DOESN'T send me this statement, she FORFEITS her rights to keep ANY portion of my security deposit. I repeatedly made attempts to contact her by e-mail and by phone regarding this, and she waited 4 months until she provided me answer by e-mail.

this is what I found on some internet sites:
--------------
When the tenancy has been properly ended, the landlord has 45 days to send an itemized list of any charge to the security deposit and to return any balance. Simple interest is due at the rate of 2% for every 6 month period that the landlord has had the security deposit. If the landlord improperly fails to return the security deposit and interest, the landlord can be sued for up to three times the total amount which is due. At the time the tenant gives the security deposit, the landlord must inform the tenant in writing of tenant▓s right to be present at a final inspection at the end of the tenancy.
------------
also this:
• A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
-----
also this:
These include but may not be limited to allowing the tenant to be present at a “move-out” inspection, providing a written list of alleged damages within 45 days, and returning the deposit or portion owed, with interest required by law, within the 45 day period. Landlords may also keep the deposit to cover rent or bills that the tenant owes but has not paid.
----------------------

Does this matter in my situation at all?

Thanks much again, I appreciate your time.
 
Last edited:

nataliavv

Junior Member
South,
Thanks again. Yes, I'll talk both to her and my ex-boyfriend and try to reason whith them out of court. Hopefully they'll give me half of what they keep. The security deposit was 875, which was 1 and 1/2 months rent, and she can claim only 30 days rent amount, so she does owe me at least $250. Even with utilities subtracted, she can't just keep it all. Before I moved out, she told me that she'll give it all back to me, and I didn't have to worry about the notice. Obviously, she lied. Additionally, she IGNORED my e-mails and phone calls about security deposit situation for 4 months, and hopefully judge will not like that.

Thanks again!
 

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