Legal Question in Real Estate Law in Maryland

In Early January I was asked by the landlord to move out, as she, was going to move back in to the house . Originally she requested we move out at the end of March, which for me due to the extremely long hours I work in the winter would be very hard to accomplish, especially since my wife is currently living with her ninety year old mother and ninety two year old aunt to give them in home care located up in Pennsylvania. I negotiated a date of April Fifteenth to be moved out, which gave me a bit more time to move and clean the property. Due to the extreme mild winter I was able to pack and get moved out by the third of April, I then I spent the rest of the time until April fifteenth in cleaning the property. To assist me I had a friend and co-worked of my wife that works in housekeeping at the wisp hotel assist me in the cleaning. She would not accept payment, but I gave her two hundred dollar gift certificate to Walmart so she could buy needed items for her grandchildren. The house and property were cleaner that when we moved into the premise.

A date and time of three-thirty P.M. on April fifteenth was set to do the inspection of the property. This contact and appointment was set verbally by the land lord. In attendance were the landlord, representative of the reality company (the person who handled the rental) and myself. About thirty five to forty minutes were spent going through the property. During the inspection all rooms, outside decking, every kitchen drawer, every kitchen cabinet, every closet door and every appliance door was opened and inspected with a few minor items noted. Those items noted were, a window sill that had water marks from a window air conditioner unit that was in the window during the four year and nine month period that we had rented the property, a few lights that were burn out, but no mention of any cleaning or major items. There were a few mechanical items noted that were said to be not issues of our responsibility. There was a dripping under the kitchen sink, some pealing of the enamel on the oven, and a possible leak in the plumbing under the hallway floor, which I did not see. I left the property inspection with the understanding that these were the only items to be listed, so expected a final statement fairly soon thereafter.

I waited the forty five days prescribed by Maryland law, Real property 8-203 but did not receive any notice from either the landlord or the Reality rental company. On May thirty first, the forty sixth day since the inspection I called the realtor at his office, I was told by his office assistant that he was out in appointments and meetings, but she took my name and number and told me she would give him the message that I had called concerning the return of my security deposit with interest and the accounting for any repair costs. I then called again on June first, and left another message with his office assistant, with still no response. I waited till the following week and called again on June the sixth, and again was told he was out of the office, I again requested a return call. On June seventh I called and he was in the office, so I spoke with him, he apologized as I informed him he was late in the return of the deposit. He stated that he was out sick with I believe surgery for a time, which I find hard to believe when his office assistant told me on May thirty first that he was out in meetings. I waited another week with still no accounting for the deposit, so I sent a registered letter on June fifteenth to his office requesting the return of my deposit with the required interest in full as he was in violation of Maryland law reality 8-203 in regards to security deposits.

I finally received a registered letter on June twentieth, with an invoice in the amount of seven hundred dollars from a cleaning company with a Pittsburgh address, along with a notation that the landlord felt she was entitled to retaining the full deposit. There was also no accounting for the interest required by Maryland law and at this time it was twenty one days beyond the forty five days response time required by Maryland law. When I did an electronic search on the name of the cleaning company, no information is to be found, when I search the address listed on the invoice a private residence in a residential neighborhood comes up, so this leads me to believe that this invoice is a created one.

I again sent a registered letter on July first 2016 requesting the return of my deposit in full with the interest amount or I would pursue suing for three times the amount of the deposit, interest, and any legal cost that I may have in the process as allowed by Maryland law real property 8-203. I gave them until the twenty fifth of July to respond to this request. As of this date I have had no response.

My question is two fold, do I have a solid case to sue as per the law? and if I win in any form can they sue me for the money they feel they are owed? or does the law as it states landlord"forfeits" the right to the deposit protect me.

Thanks for your help


Asked on 7/19/16, 10:20 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Generally speaking online answers offer brief bits of general legal information rather than analyze a specific fact pattern. That being said, Maryland law does allow tenants to sue for the return of a security deposit wrongfully withheld. Your post suggests that you have already looked up the law. In appropriate cases the tenant may be able to seek up to treble damages as well as reimbursement for legal fees.

No one can guarantee results or predict exactly what will happen in court. However, if the landlord did not follow the law and this can be satisfactorily proven, a tenant has a solid basis for filing suit. If there are counter-claims or other suits raised by a landlord those would need to be addressed one by one.

My law firm handles such cases and does not charge for an initial 10 min phone call on any matter if you'd like to call. Other attorneys also handle these types of claims and you are welcome to contact any attorney of your choosing.

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Answered on 7/20/16, 1:53 pm


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