Legal Question in Real Estate Law in Maryland

Are these deductions from my security deposit legal?

I have recently received my security deposit back from my previous landlord, and there were a number of deductions taken from it which I'm not sure are legitimate.

- Approx. $30 for a water bill for 1 month of a quarterly bill. The quarterly bill averaged $45 for the past 3 years. I think $30 for 1 month with no one living in the house, then, seems steep.

- $75 for cleaning service. The house was cleaned bottom to top before I moved out by me and other friends and family members. Further, isn't cleaning usually considered part of ''normal wear and tear'', especially after I lived there 3 years?

- Carpet cleaning and Deodorizing - She claims the carpets needed to be cleaned because of the cats I had in the house. However, the main reason the carpet needed to be cleaned and deodorized was because the basement flooded a year prior due to improper drainage of the gutters, and the landlord let the carpet stay wet/moist for months before cleaning it.

- Glass for a picture frame which was broken before we moved in. When my original roommate moved out, she returned to us the full security deposit and did not charge either of us for the glass.

Thank you.


Asked on 9/18/02, 3:45 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Are these deductions from my security deposit legal?

MD landlord tenant law has an elaborate procedure set out in the code regarding what the landlord must do in order to retain a security deposit. First of all, he must give you the opportunity to be present for a post-occupancy inspection of the premises. Then, he must provide you with a written list of the items he feels are subject to repair or correction from the deposit. There are time limits involved in these steps. If he fails to do this, you have a right to recover up to three times the amount of your deposit but would have to go to court to do so.

From your description, it sounds like you're being taken advantage of, although the water bill items could easily be checked for accuracy.

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Answered on 9/18/02, 4:49 pm


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