Legal Question in Real Estate Law in Maryland
90 day hold on security deposit
We vacated our apartment on Feb 14. After inspection and within the 45 day limit our landlord notified us of charges for a strong odor in the carpet of one room. (total charge about $1500) I was told by the landlord that this smelled like cat urine. As we do not own a cat I argued this. After reinspection, the landlord reported that the smell was gone and she would resubmit to the management company to have the full deposit(about $1100) refunded. She says that this was sent on April 24th. Beling the end of May, I called the landlord again to see where our check was. She told me that the management company was holding the deposit for 90 days to see if the new residents complained about the smell. So, now that we're more than 90 days from our move out they want us to wait another 60. Can the legally hold our deposite like this?
2 Answers from Attorneys
Re: 90 day hold on security deposit
The landlord should promptly refund your money; however you may need to file in court where treble damages are available. Make a written demand upon the landlord or consult an attorney.
G. Joseph Holthaus (410) 799-9002
Re: 90 day hold on security deposit
Maryland landlord-tenant law requires that the tenant's security deposit be returned to him, along with 4% simple interest, within 45 days after the end of the tenancy, except for amounts rightfully withheld for damages. If the landlord seeks to withhold all of part of the deposit, and the tenant has given the landlord sufficient advance notice of his intention to move, the landlord must afford the tenant the opportunity to be present when the landlord conducts his post-tenancy inspection of the premises to determine if damages sufficient to entitle him to utilize the security deposit should be withheld. Damages must exceed ordinary wear and tear. After the inspection, the landlord must provide the tenant with an itemized list of the damages claimed for which he seeks to withhold the security deposit, including the costs actually incurred to repair. The law requires that the list be provided within 30 days after the end of the tenancy.
If the landlord fails to comply with these legal requirements, he forfeits his riqht to withhold the deposit. If he does so nevertheless, the tenant has a legal action in court for up to 3 times the amount of the withheld deposit plus attorney's fees.
There is no provision in the law that allows the landlord to do what you describe in your inquiry. I suggest you make a direct written demand on the management company and tell them that if the deposit isn't returned forthwith you will institute a "treble-damages" action.
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