Legal Question in Real Estate Law in Maryland

Garnishment

I was taken to small claims court for rental property damages. I never received a receipt for the security deposit (requested in writing). The landlord entered my home without permission and photographed my pets (verbal lease, never mentioned NO pets). I was not granted a final walkthrough and I sent via certified mail 15 days in advance requesting a walkthrough and my forwarding address. The landlord has filed in Maryland Circuit COurt a garnishment of wages even though I have filed an appeal with the District Court because the landlord ignored or was unaware of the above laws. How and why can he file a garnishment when the case is pending due to the appeal?


Asked on 1/27/03, 3:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Garnishment

If you filed an appeal and posted the appeal bond any garnishment proceedings would be automatically stayed until the appeal is decided. As far as the underlying case is concerned, the MD rental property law has detailed provisions regarding what a landlord has to do after a tenant moves out in order to be able to retain a security deposit. These include permitting the tenant to be present for the post occupancy inspection and providing the tenant with an itemized list of damages. If the landlord retained your deposit without complying with these provisions, you could sue him for triple the amount of the deposit plus attorney fees. However, the landlord is still entitled to sue you for damages you caused to the premises, which is apparently what he did.

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Answered on 1/27/03, 4:39 pm


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