Skip to main content

I need help in learning my rights as a tenant in getting my deposit back from a rental I lived in for almost 7 years.

Baltimore, MD |

I rented a condo unit from the owner directly and for the past 6 years everything went smooth they even asked me to stay another year at times when I was prepared to move. Then 8/2012 they brought in a property management company who was a nightmare so bad I did not renew another year. They have violated my right so bad and now they are ignoring me as to try and keep my $2400 deposit. I asked to be notified of the walk through I requested it in writing. They did not notify me of the walk through and is ignoring my requests for my deposit. I lived in the unit for almost 7 years and due to how they treated me they are trying not to give me my deposit back. It has been 30 days from the day I moved out.

+ Read More

Attorney answers 4

Best Answer
Posted

IF the landlord fails to return your security deposit -- or provide an itemized list of any deductions for costs actually incurred in connection with any damages which may have been caused at the property -- then you have grounds for a civil suit for up to 3x the amount of the security deposit plus attorneys fees. Maryland law allows a landlord 45 days within which to return a security deposit. Feel free to contact my office if, after 45 days, it has not been returned.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Asker

Posted

Thank you very much, What about my request to be present at the walk thru , I thought they had to notify me 15 days after move out ? They never notified me so they went ahead with the walkthru without notifying me. I sent a written request to b notified

Brandy Ann Peeples

Brandy Ann Peeples

Posted

By law, the landlord does have to allow you to be present at a walkthrough and notify you of same if you provided the landlord with a letter advising the landlord of your new address and that you'd like to be present. By what you've said, it sounds as if you've complied.

Asker

Posted

I have requested to be at the walk thru and provided my new address. They have also communicated thru email with me but since I have moved out (May31,2013) They are ignoring me. They did the walk thru since its now been 33 days since I left.

Asker

Posted

Hello again, You told me to call you if they still haven't notified me about my deposit or they have not sent the deposit. Its been 41 days now and it doesn't look like they are going to do anything. I also read in the Maryland laws about security deposits and it says if the landlord is planning to deduct from the security deposit for any reason they must within 30 days send me a written itemized letter with any deductions and how much they spent. If they donot do this within 30 days, I can sue for three times the amount of deposit and they cannot deduct anything because they are in default?

Brandy Ann Peeples

Brandy Ann Peeples

Posted

It has to be 45 days -- not 30. But yes, you can sue for 3 times the deposit if the landlord fails to follow this statutory requirement.

Posted

In Florida a deposit cannot be kept unless and until proper notice is given to the tenant.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Asker

Posted

Thank you, I am in MD, is it the same? Also they never let me know about the walk through and I was told they have to notify me if I request to be at the walk through which I did.

Posted

"The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney's fees."
See http://www.oag.state.md.us/Consumer/landlords.htm#deposits

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Asker

Posted

Thank you very much,

Posted

Assuming you gave proper notice to terminate the lease, you are entitled to a written itemization of damages the cost of which the landlord intends to withhold from your security deposit. The landlord has 45 days to provide such a notice. Did you provide your forwarding address to the landlord?

This should not be construed as formal legal advice or the offer of the formation of an attorney/client relationship. There is no substitute for taking the time to consult directly with an attorney regarding your specific legal needs and issues.

Asker

Posted

Yes, I did. I believe I've done all that I needed to do. I have even received other mail from them not tied to the deposit but it proves the have my address. I have had many problems with the property management and I am use to them making up fees for things not true. I caught them in the act . They think the tenant is dumb. I just want most of my deposit back.

Debra Sue Friedman

Debra Sue Friedman

Posted

If you haven't received an itemization of damages and/or return of deposit by end of 45 days, you may want to seek assistance.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer