Legal Question in Real Estate Law in Maryland

landlord refused to return security deposit after unsatisfactory walkthrough

I gave the landlord my security depost before the walkthrough, today i had the walkthrough and the carpets were a mess, the previous tenants had a dog and the entire house smelled like urine and there were still visible pee and poop stains that would not come out after being cleaned. also the deck was unfinished. i asked to have the carpets replace stating the same reasons and was told the landlord would not replace the carpet and would keep my 1700 security deposit if i did not move in by the 1st of August. I did sign the lease agreement before the walkthrough, I previously gave her the security deposit and was suppossed to give her first months rent on August 1


Asked on 7/30/08, 6:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: landlord refused to return security deposit after unsatisfactory walkthrough

If the lease you signed was in conformity with MD law, there should be a clause protecting you in case the premises are uninhabitable at the inception of the lease. The landlord should have provided you with a receipt for your deposit which contains a notice that you have the right to notify the landlord by certified mail within 15 days after moving in to have the premises inspected and a list of damages created which the landlord should remedy. If you didn't get such notice, you could claim that the lease is invalid and move out. The information could be contained in the lease itself. Also, in general there is an implied warranty that the premises are habitable that goes with the lease. If you haven't already moved in, and the landlord refuses to return your deposit, you could sue him or her to get it back, if you can establish that the conditions are serious enough. Get witnesses and take photos to back you up.

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Answered on 8/05/08, 5:24 pm


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