sueing ex landlord for not returning deposit?

[quantcook]

What is the name of your state? MD
two years ago, I moved out a condo i rented from a private landlord.
the landlord has a office cleaning business, i asked him about the cost he charge for move out cleaning o his 2 bedroom condo, the price he charged is twice what I found on craigslist. so I went with the craigslist lady who has been doing this for years.
the carpet is totally cleaned and so are the other bathrooms and kitchen.
during move out inspection, the landlord purposely said this is not even clean, and repeated the words many times.
finally he touhed the top of the ceiling fan blade and said there's oil and dirts on it, he then hold $300 of my deposit and returned the rest.
he never showed any receipt of any cleaning work he has done to that ceiling fan.
I have reached out to MD attorney general and consumer protection department but they have limited authority to help in this matter, they are nice people and tried their best so.

now i'm back to same place in Maryland, can I sue the landlord to get the $300 back?

 

[LdiJ]

What is the name of your state? MD
two years ago, I moved out a condo i rented from a private landlord.
the landlord has a office cleaning business, i asked him about the cost he charge for move out cleaning o his 2 bedroom condo, the price he charged is twice what I found on craigslist. so I went with the craigslist lady who has been doing this for years.
the carpet is totally cleaned and so are the other bathrooms and kitchen.
during move out inspection, the landlord purposely said this is not even clean, and repeated the words many times.
finally he touhed the top of the ceiling fan blade and said there's oil and dirts on it, he then hold $300 of my deposit and returned the rest.
he never showed any receipt of any cleaning work he has done to that ceiling fan.
I have reached out to MD attorney general and consumer protection department but they have limited authority to help in this matter, they are nice people and tried their best so.

now i'm back to same place in Maryland, can I sue the landlord to get the $300 back?

You might possibly still be within the statute of limitations to sue based on a contract (3 years), but I haven't been able to find anything specific on landlord tenant law.

Do a google search for landlord/tenant law for MD and read everything that you can find, even if you are not sure that it pertains.

 

[adjusterjack]

can I sue the landlord to get the $300 back?

You can sue.

But after two years, I doubt if you'll win.

 

[quantcook]

You can sue.

But after two years, I doubt if you'll win.

it took so long just because i was out of country for past two years.
i found an article about MD tenant law at https://www.peoples-law.org/security-deposits
the landlord didn't give me any notice , written or oral about the cost of fixing what he alleged.
what about my downside, if i press charge and lost in the case, do I have to cover his attorney fee and court fee?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Notice to Tenant
If the landlord withholds any part of the security deposit, he or she must send to the tenant by first class mail to the tenant’s last known address, a written list of the damages the landlord claims, together with a statement of costs the landlord has actually spent to make the repairs. If the landlord fails to do this within 45 days after end of the lease, he or she loses the right to keep any part of the security deposit for damages.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~`

 

[adjusterjack]

it took so long just because i was out of country for past two years.

Well, you have up to 3 years from the breach. It's up to you if you want to do it.

what about my downside, if i press charge and lost in the case, do I have to cover his attorney fee and court fee?

Court fees if you lose, yes. Though I don't know if there are any fees just to respond, though there is a fee for a counter claim.

As for attorney fees, you'll have to check your lease to see if there is a bi-lateral attorney fee provision, something like loser pays winner's attorney fees. If there isn't anything like that then each party pays his own attorney though I doubt that your former LL will hire an attorney just to fight a $300 lawsuit.

 

[quantcook]

Well, you have up to 3 years from the breach. It's up to you if you want to do it.



Court fees if you lose, yes. Though I don't know if there are any fees just to respond, though there is a fee for a counter claim.

As for attorney fees, you'll have to check your lease to see if there is a bi-lateral attorney fee provision, something like loser pays winner's attorney fees. If there isn't anything like that then each party pays his own attorney though I doubt that your former LL will hire an attorney just to fight a $300 lawsuit.

there's clause about attorney's fee in the lease. probably this will indicate the attorney fee responsibility
47. ATTORNEY’S FEES AND COURT COSTS: Should any action be brought by either party hereto to enforce any provision of
this Lease, the prevailing party in such action shall be reimbursed by the other party for all reasonable attorney’s fees, necessary
expenses, and court costs incurred by the prevailing party in the action.

 

[adjusterjack]

Yep, that's what I was referring to.

 

[quantcook]

Yep, that's what I was referring to.

what kind of evidence or what is the chance that the case will end in my favor in such landlord/tenant dispute?
the owner was just trying to get an execuse to hold my deposit. and he got a few cases against him with the condo management in the past, most of them ended with against him.
i still have the move out picture, it can demonstrate the cleaness of the whole house.

 

[quantcook]

Yep, that's what I was referring to.

if want to play safe, i can sue the landlord for not showing the receipt of $300 cleaning cost instead of sueing him straight for keeping $300 back?
in that way, he would just show me the receipt and if no receipt, he should return me the money.
only worry is he may fabricate a receipt somehow with someone and saying this is the cost of cleaning.

 

[quantcook]

ok. so the case are closed. the judge has ruled in my favor for both cases, landlord lost in the one he sued back and lost in the case I sued him for withholding my $300 deposit.
2 weeks after hearing, i received an email from landlord saying he will send me a check at end of Oct, but almost 2 weeks has passed and I haven't received anything.

so what's the action I can take now?
In the case, i only sued for 1 times the security he withhold, it is quite a favor for landlord given Maryland law allows tenant to sue up to 3 times the amount that was withhold.
If i can take further action since landlord has not returned the money back, shall I increase the amount to 2 times? my argument is, this hearing has taken quite some of my time, drive to circuit court house to file the case, attended the first hearing which was rescheduled to a later date, and all those hearing and filing need me to take time off from my work.
thanks

 

[adjusterjack]

You sued for $300 you won $300 plus your filing and process service fees and any post-judgment interest that has accrued.

No, you cannot add more to it than that.

If you know where the landlord works, you can garnish his wages. If you know where he banks you can levy his bank account. For that it would help if you kept a copy of the check that he did give for part of the deposit. If you didn't keep a copy check with your online banking to see if your bank automatically provides copies when you make the deposit. That will give you his bank information. You can add any fees to your entitlement.

If you don't have any of theat information you can have the LL summoned to court for a Debtor's Examination where he will have to reveal, under oath, all of that information.

 

[quantcook]

You sued for $300 you won $300 plus your filing and process service fees and any post-judgment interest that has accrued.

No, you cannot add more to it than that.

If you know where the landlord works, you can garnish his wages. If you know where he banks you can levy his bank account. For that it would help if you kept a copy of the check that he did give for part of the deposit. If you didn't keep a copy check with your online banking to see if your bank automatically provides copies when you make the deposit. That will give you his bank information. You can add any fees to your entitlement.

If you don't have any of theat information you can have the LL summoned to court for a Debtor's Examination where he will have to reveal, under oath, all of that information.

the LL has his own company, and the rent check I paid him previously was paid to the property management company so his bank info is not revealed to me. He paid me the rest of deposit back by cash.

so If i summoned the LL back to court for a debtor's examination, who will be responsible to find a debtor ? court or me?
and I assume LL will be responsible for any up front cost that associated with this right?

 

[zddoodah]

so If i summoned the LL back to court for a debtor's examination, who will be responsible to find a debtor ? court or me?

You.

and I assume LL will be responsible for any up front cost that associated with this right?

Not sure what you're contemplating. You may be able to recover certain post-judgment costs, which would include the cost of serving judgment debtor exam papers.

 

[adjusterjack]

o If i summoned the LL back to court for a debtor's examination, who will be responsible to find a debtor ? c

I don't know what you mean by "find a debtor." The debtor is the person or business that is named as the defendant on your judgment so you already know who and where your debtor is.

Did you get a judgment against the landlord as an individual or against a company? Or both? Look at your judgment before answering that question.

Here's a Maryland guide to post judgment debt collection:

https://courts.state.md.us/sites/default/files/import/district/forms/civil/dccv060br.pdf

Here's a form provided by the court:

https://mdcourts.gov/sites/default/files/court-forms/ccdccv032.pdf

Here are the rules referred to. One is for district court. The other is for circuit court.

https://casetext.com/rule/maryland-court-rules/title-3-maryland-rules-of-civil-procedure-district-court/chapter-600-judgment/rule-3-633-discovery-in-aid-of-enforcement

https://casetext.com/rule/maryland-court-rules/title-2-maryland-rules-of-civil-procedure-circuit-court/chapter-600-judgment/rule-2-633-discovery-in-aid-of-enforcement

 

[quantcook]

I don't know what you mean by "find a debtor." The debtor is the person or business that is named as the defendant on your judgment so you already know who and where your debtor is.

Did you get a judgment against the landlord as an individual or against a company? Or both? Look at your judgment before answering that question.

Here's a Maryland guide to post judgment debt collection:

https://courts.state.md.us/sites/default/files/import/district/forms/civil/dccv060br.pdf

Here's a form provided by the court:

https://mdcourts.gov/sites/default/files/court-forms/ccdccv032.pdf

Here are the rules referred to. One is for district court. The other is for circuit court.

https://casetext.com/rule/maryland-court-rules/title-3-maryland-rules-of-civil-procedure-district-court/chapter-600-judgment/rule-3-633-discovery-in-aid-of-enforcement

https://casetext.com/rule/maryland-court-rules/title-2-maryland-rules-of-civil-procedure-circuit-court/chapter-600-judgment/rule-2-633-discovery-in-aid-of-enforcement

thanks adjusterjack.
i just sent 15 questionnaires to the defendant as interrogatories.