Maryland Landlord breached leasing contract returned partial deposit after 60 days of being given a 30 day notice that I was moving out. The Landlord kept an additional months rent because they stated that I did not mail my move out notice via first class mail. I believe the landlord is mistakenly referring to the clause in the Maryland lease that instructs the landlord to return the security deposit via first class US Mail. I have rented for many years and have never been required to mail my 30 day notice to move out. The landlord was notified via email on 11/30/15 and again personally by phone on 12/1/15. The keys to the residential property were hand carried and delivered to the landlord on 12/21/15.
However the landlord waited and the deposit was returned via certified mail on 1/30/16. The landlord believes that they are justified in taking out January 2016 rent because they did not receive a move out letter in the mail. Although home was vacant in December 2015 I still paid rent for December. I was denied an early move out date so I agreed to 12/31/15, however the home was turned over 10 days earlier on 12/21/15.
Your lease may require you to mail such a notice to move out. Check your leases termination clause.
With regards to the security deposit he did not return it in the required time so you may very well have a claim. I have written more on security deposits at the following link: https://tpf.legal/security-deposit-return
If you do decide to file a claim against your landlord, he is not barred from filing a counter claim against you.
It may or may not be worth pursuing depending on the amount of money in dispute.
It sounds to me that the landlord did send you a letter stating why they were withholding the security deposit within 45 days of you vacating the rental property. However, you may have a claim that the landlord withheld the security deposit without good cause. Whether you are liable for January rent may well depend on whether you properly terminated the tenancy as of December 31. Your message does not provide enough information as to whether you properly terminated the tenancy.
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