Legal Question in Civil Litigation in Maryland

In a civil case, a writ of garnishment on property other than wages, specifically a security deposit held by a landlord. After garnishment is ordered can a plaintiff request that a defendant's landlord turn over the security deposit that is being held for any damages while the defendant still resides in the landlord's property or do the plaintiff have to wait until the defendant vacates the property? Also does the plaintiff only collect the amount remaining after the landlord deducts for any damages, if any at all?


Asked on 1/14/10, 9:19 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The landlord has priority over the deposit, and can hold it until all of the conditions precedent to release of the deposit back to the tenant are satisfied. Obviously if there are deductions due to damages, the landlord would only release the balance to the judgment creditor.

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Answered on 1/19/10, 10:47 am


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