Legal Question in Landlord & Tenant Law in Maryland

I signed a lease around 3 months ago for a house with 3 other people. I stayed there for about 3 days and moved back home for a while. I then got into another college and accepted their admission offer. I paid rent and utilities every single month. I was supposed to receive my security deposit back of $575.00 today. But I got a letter saying that I wouldn't be receiving anything back because it cost the landlord $575.00 exactly to post signs and take calls. There was no damage to the house and I did pay everything I owed for the house. Can he legally keep the security deposit? He sent me a generalize lists of costs, but didn't put how much each labor actually cost. I have heard he rips off other student and I'm sure he is doing the same to me. I am currently studying law and looked up whatever I could. I can't find any clause saying he can charge me for this. He can only withhold the rent for damage and any unpaid rent/utilities. I was told to call him tomorrow and tell him I am taking him to small claims court. Am I missing something or am I right and should continue with the charges?


Asked on 9/08/10, 6:22 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I can't tell you if you are right or wrong. The answer is contained in the terms of your lease. If you broke the lease by moving out early, the lease may allow the landlord to charge you for posting signs and taking phone calls for potential new tenants -- it's called "mitigating his damages." The question of whether his charge is reasonable is a different story. You are always within your rights to pursue a Magistrate Court action against the landlord in the county in which your unit is located. I would recommend that you retain a Maryland landlord/tenant attorney to assist you.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*********

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Answered on 9/13/10, 7:28 pm


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