Legal Question in Real Estate Law in Maryland

Re: Rent to Own Contract

Unfortunately, there is no way for an attorney to evaluate your question without reading the complete contract. A properly drafted lease with option to buy can have a non-refundable purchase option price (which could conceivably be expressed as a non-refundable deposit toward the purchase price). Typically that would be enforceable because that is the consideration that is paid to the owner for granting the purchase option (i.e. holding the property off the market and giving the tenant the right to purchase the property at some set price).

However, if the documents are not properly drafted, it is always possible that the language does not protect the landlord. You should consult an attorney to have your documents reviewed. Obviously, you'll have to weigh the cost of obtaining legal advice against the cost of either giving back the money, or of keeping the money and risking a lawsuit.

Good luck with this -- pls feel free to contact my office if you would like to chat about the possibility of having your documents reviewed.