Legal Question in Real Estate Law in Maryland
Please help!!!
I rented a place in MD from 8/99-7/00.When I moved out the leasing office said they don't do walk-throughs when people leave so I left my keys with them & moved out to my next place,leaving my forwarding address.I got a letter stating I wouldn't get my security deposit back PLUS I owed over $400 to replace the carpeting!I explained to them that it was clean.I vaccuumed and repainted.I wrote a letter to the leasing office and the apartment owners stating that I had the pictures to prove it.This April,almost 3 years later,I get a letter from court stating I had to appear to defend myself against owing almost $600 now (interest).I live in Michigan now & was wondering if I need to go to court for this & if I don't & there's a judgement against me can they still make me pay?Can they enforce it over state lines?I recently got rid of the pictures and letters I sent so I don't have proof if I need it.I do have people who helped me move out that can testify that it was clean.Does it look bad because I just let them keep my security deposit and never fought for that back?Could I counter sue them and try to get that back too?I have no idea and I'm sure I'm going to have a hard time proving my case without the pictures and letters any more!
1 Answer from Attorneys
Re: Please help!!!
Maryland landlord-tenant law requires the landlord to do a number of things when a tenant moves out in order to have a right to retain the security deposit. First of all, the landlord, at the time the lease is signed and it receives the security deposit, must notify you in writing of your rights upon moving out at the end of the lease. The notice says that if you send the landlord a letter requesting a list of any damages they propose to charge you for within 15 days after your occupancy ends, they must provide you with such a list. If your 15 day notice letter was sent by certified mail and also requested the right to be present at the inspection and provided your new addrress, the landlord must notify you of the inspection date and give you an opportunity to attend. If they fail to comply with these requirements, you can sue them for an amount equal to three times your deposit plus attorney fees. It sounds like you may not have sent them the proper notices, so the questions is whether they made you aware of these requirements when you signed the lease and you failed to comply or whether you weren't notified. Usually if it's a commercial landlord the notices are printed right into the lease.
As for the collection suit in MD, if you were served properly (certified mail or process server) with the complaint and don't appear to defend yourself a judgment will automatically be entered against you in MD and can then be sent to an attorney in MI for enforcement. That means a "foreign judgment" will be entered in MI and thereafter collection efforts can begin, consisting of bank account or wage attachment.
If by any chance you still have the lease, check to see if it contains the notice provisions, since I assume you didn't request in writing to be present at an inspection or to be sent a list of damages after you moved out.