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Trying to get my deposit back while we do not have the written lease but verbal agreement

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Amy0109

New member
What is the name of your state? - Maryland

I moved out in March because one of my roommates (the Landlord) asked me to pay half of the other roommate's rent. She told me to pay that amount in January, which was not my original agreement to begin with, so I did not pay and just paid my rent, and then I gave her 3 month notice of moving out.

A few weeks ago, the Landlord sent a message to two of us (myself and the other roommate (the Tenant A) who moved out in January) and stated I am not getting back the deposit and the other will get a full refund.

We lived in a house where the Landlord signed the lease contract by herself to rent this house because the Tenant A and I shared our potential move-out within a year and shared the reasons. My reason is that I can't pay the half of the other tenant's rent. Before we all moved in and the Landlord signed the contract, I asked her if she is sure to sign the contract by herself because of potential risks that she might face, but she said she would sublease or take someone else as a roommate. A few weeks after this conversation, she asked me and the Tenant A for deposit because the security deposit for the house was a lot of money for her, so each of the Tenant and I both contributed $1075 as a deposit with checks.

There is no written agreement, and all we have is text messages (3 month notices of moving out, etc.) and check of the deposit.

I am speaking up for my rights and asking for fairness because the Tenant A will receive a full refund though the Landlord is trying to keep my deposit. Tenant A and I both:

1) Shared our potential move within a year
2) had the same verbal agreement
3) gave the Landlord a notice of moving out 3 months ahead (text message)

I am considering taking this case to Small Court in the county. Is it worth it?
 


quincy

Senior Member
What is the name of your state? - Maryland

I moved out in March because one of my roommates (the Landlord) asked me to pay half of the other roommate's rent. She told me to pay that amount in January, which was not my original agreement to begin with, so I did not pay and just paid my rent, and then I gave her 3 month notice of moving out.

A few weeks ago, the Landlord sent a message to two of us (myself and the other roommate (the Tenant A) who moved out in January) and stated I am not getting back the deposit and the other will get a full refund.

We lived in a house where the Landlord signed the lease contract by herself to rent this house because the Tenant A and I shared our potential move-out within a year and shared the reasons. My reason is that I can't pay the half of the other tenant's rent. Before we all moved in and the Landlord signed the contract, I asked her if she is sure to sign the contract by herself because of potential risks that she might face, but she said she would sublease or take someone else as a roommate. A few weeks after this conversation, she asked me and the Tenant A for deposit because the security deposit for the house was a lot of money for her, so each of the Tenant and I both contributed $1075 as a deposit with checks.

There is no written agreement, and all we have is text messages (3 month notices of moving out, etc.) and check of the deposit.

I am speaking up for my rights and asking for fairness because the Tenant A will receive a full refund though the Landlord is trying to keep my deposit. Tenant A and I both:

1) Shared our potential move within a year
2) had the same verbal agreement
3) gave the Landlord a notice of moving out 3 months ahead (text message)

I am considering taking this case to Small Court in the county. Is it worth it?
Your text exchanges are all you have to evidence any rental agreement?

What was the reason the landlord gave you for keeping your deposit?
 

Amy0109

New member
Your text exchanges are all you have to evidence any rental agreement?

What was the reason the landlord gave you for keeping your deposit?
Thanks for your response, quincy.
I am going through any evidence of rental agreement in our text messages, but I will double check.

The reasons why she gave me for keeping the deposit is the financial burden that was imposed on her. She even said I should owe more, but she is forgiving me for extra $660. Her math is

$375/month (Half of the tenant A's rent) - $120 (I felt bad, so I gave extra money for February) = $630
$550/month (my rent from April to June because I left 3 months before the lease ended) = $1,650

Her argument is that Tenant A left with the reason she shared before, but I am leaving with different reason and imposing the Landlord on a tough situation.

I knew it's going to be tricky, so I made sure that I am not signing or leaving my name on the lease.
 

Zigner

Senior Member, Non-Attorney
When you first rented the place, did you agree to live for for any set length of time?
 

Amy0109

New member
Thanks, Ziegner, for your response. I said I can't promise to live that long because my immigration status is fragile and I might need to leave the country. I said no matter what happens, I will give 3 month of rent or notice. That's why I said I can't sign or move in unless she is fine with me moving out earlier.
 

Zigner

Senior Member, Non-Attorney
Then she can't withhold your deposit for the reason that she gave. You may need to sue her if you can't come to an acceptable resolution.
 

adjusterjack

Senior Member
The LL has been violating both sections of the Maryland security deposit statute from the getgo:

https://law.justia.com/codes/maryland/2019/real-property/title-8/subtitle-2/sect-8-203/

https://law.justia.com/codes/maryland/2019/real-property/title-8/subtitle-2/sect-8-203-1/

Your cancelled check for your share of the security deposit (get a copy from your bank) is evidence that you paid it separately.

She has 45 days from move out to return it to you less any hold back for damage and there are strict requirements on how she has to do that.

If she fails to comply there are additional penalties that can be exacted when you sue her.

Show her the statutes and maybe she'll change her tune. If not you'll either have to sue her for the money, or kiss the money goodbye.
 

Amy0109

New member
Thank you all so much for the information! While this landlord thinks I agree to live until the lease ends, which I did not, is there a law for "verbal agreement"? I double checked all the text messages, and we do not have any written conversation for the lease. All I can say is that I was aware that I should not sign or put my name on any documents there because I can't guarantee to stay until the end of lease.
 

quincy

Senior Member
Thank you all so much for the information! While this landlord thinks I agree to live until the lease ends, which I did not, is there a law for "verbal agreement"? I double checked all the text messages, and we do not have any written conversation for the lease. All I can say is that I was aware that I should not sign or put my name on any documents there because I can't guarantee to stay until the end of lease.
As long as you gave advance notice to the landlord that you were leaving, I don’t see how the landlord can expect to withhold your deposit money - unless there is evidence of damage to the property beyond normal wear and tear.

Your landlord should never have let you or the other tenant move into the house without a written lease. A lease protects both the tenant and the landlord from disputes winding up in court.

It appears that, unless you and the landlord can settle the matter, it will be up to a court to decide whether you are entitled to a refund of your deposit, based on best testimony and best evidence.

Good luck.
 

JakobOhio

Junior Member
sounds to me this is more of a subleasing issue and wouldn't it just be a MTM tenancy without a written agreement?
It sounds like the "Landlord" rented the house, lived in and that house and had 2 roommates (OP and other roommate that moved out) that had their own bedrooms. There was no written lease in any form and all leasing information was just text messages?

I
 

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