Legal Question in Real Estate Law in Maryland

Re: Receiving Your Security Deposit After Lease is Terminated

The answer to your question is set forth in the Maryland Code, Real Property Article, Sec. 8-203. If you have access to a circuit court in your county, this law will be found in the law library.

The law give the landlord 45 days from the end of the tenancy to return the deposit, along with 4% simple interest paid semi-annually. When you signed the lease and gave the deposit to the landlord, she was required by this law to inform you in writing of your right to be present at an inspection of the property after the end of the lease, and of certain notice deadlines. The law states that if the landlord fails to do this, she can't withhold any of the deposit for damages to the property.

If the landlord did meet the legal requirements when you signed the lease, she can withhold from the deposit for damages only if she sends you a written list of the damages she blames you for within 30 days after the lease ended. This is the time period she was referring to in terms of the delay in giving you back your deposit. The damage list must also contain the cost actually incurred by her in making each repair to be valid. Failure to comply with this requirement similarly forfeits her right to withhold the deposit.

Now here's the good part. If she doesn't return the deposit within the time required and otherwise fails to comply with the notice requirements as set forth above, you can hit her up for three times the unpaid amount plus legal fees if incurred. So keep on top of these deadlines to protect yourself. Good luck!