Legal Question in Landlord & Tenant Law in Maryland
I live in Maryland and recently moved out on April 30, 2010 from an apartment that i rented for almost 6 years . They withheld my security deposit for almost 3 month, and just issued me a check in the amount of $873.45 (725.00 dep & 143.75 interest accrued). MD tenant law states that a landlord cannot withhold your sec dep. beyond 45 days. If not, they are liable to pay up to 3 times the amount. Can i cash this check under protest and still sue them for the difference.?
1 Answer from Attorneys
If you want to consider going after the landlord, I would not cash the check. However, you should consider the time and expense it will take you to pursue the landlord. Will you have to miss one or more days of work to attend court? Will you have to hire an attorney to guide you through the legal process?
This is a cut-and-paste from the Maryland Attorney General's webpage on this type of dispute. I thought it might be helpful to you:
"Return of the Security Deposit
Security deposit disputes often involve misunderstandings about when the landlord is entitled to keep the security deposit, and disagreements about whether the tenant caused damage to the rental unit.
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.
If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.
You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving, and your new address. The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be held within five days before or five days after your move-out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit. If the landlord does not, he or she forfeits the right to withhold any part of the security deposit for damages.
Your rights and duties are different if you have been evicted for breach of the lease, or have left the rented property before the lease expired. Under these circumstances, in order for you to receive the security deposit plus interest, you must send a written notice to the landlord by first class mail within 45 days of being evicted or leaving the property. This notice must advise the landlord of your new address and request the return of your deposit. Once the written request is received, the landlord must then take certain steps.
� A list of damages to the rental unit and costs incurred to repair them must be sent to you by first-class mail within 45 days. If the landlord fails to send you a list of damages, the right to withhold the security deposit is forfeited.
� 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."
Best of Luck.
The above does not establish an attorney-client relationship and is for informational purposes only. Cook Legal Services encourages all members of the general public and LawGuru to hire an attorney when faced with legal issues.