Legal Question in Real Estate Law in Maryland

Return of Security Deposit?
I recently moved back to New Jersey from Maryland on July 18, 2003, where I was renting a room in a women's house. I paid her a monthly rent plus utilities. I gave her one month's rent as a deposit. We did not have a written lease and it was decided between us that if I were to move out, I would give her sufficient notice. She never stated what that would be. I gave her 30 days notice (just shy 2 or 3 days), orally, but no written indication of moving. Subsequently, she has not returned my deposit yet and recently she stated that I should be grateful she is even considering sending me my money. Knowing all this, do I have the right to take her to small claims court if she does not send me my money?

Asked on 9/29/03, 8:48 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Re: Return of Security Deposit?

If you have a receipt in writing and gave proper notice (30 days is required for a month-to-month tenancy), your deposit should be returned within 30 days of termination, assuming you caused no damage. You have possible problems since you did not give written notice of the termination. Your landlord could claim you failed to give proper notice of termination and hold the deposit for an extra month. If you sue in small claims, be prepared to face a challenge, although if you succeed, you could get triple damages.

Answered on 9/30/03, 11:43 am

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