Legal Question in Real Estate Law in Maryland

Renters Security Deposit

I was renting w/option to buy and I put a security deposit down. It is now the end of my lease, I turned down the offer to buy, and have filed bankruptcy. The owner has soled the property and my lease isn't up until the end of this month. The new owner is stating that I pay her my last months rent. The old owner is stating that I pay HER my last months rent and the old owner just told me that she will not give me back my security deposit but has not told me why as of today. Legally can she not return my deposit? Can I request documents showing that she put my deposit in some type of escrow, because I believe she never held on to my deposit because the new owner stated that she over heard the old owner joking about I was never going to get my deposit back. Can someone please advise? Also this property and old owner is listed on my bankruptcy, am I protected or can the old owner take me to court.


Asked on 7/09/04, 10:48 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Renters Security Deposit

The landlord was obligated to place your security deposit in an account bearing 4% interest. When the property was transferred to the new owner, your lease became the new owner's property, unless they agreed otherwise, which is unlikely. Thus your new rent would go to the new owner. The security deposit should also have been transferred to the new owner, who is obligated to protect your interest in it. If your rent is paid up and you have left the property in reasonably good condition, you're entitled to get your deposit back, with the accrued interest. The landlord cannot retain your deposit unless she follows the procedure set out in the landlord and tenant code, involving written notice of a property inspection to you, giving you the opportunity to be present, followed by a written list of the damages the landlord claims are your responsibility.

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Answered on 7/09/04, 2:47 pm


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