Legal Question in Real Estate Law in Maryland

Can I get a security deposit back if I never moved in or signed a lease?

On 10/31/02 I paid a $700 security to a landlord to perform construction on his property to create a separate 1Br apartment. I received a handwritten receipt of the transaction and he said he would create a contract. On 11/16, we verbally agreed to a move-in date of 11/29 and arranged that I would pick up the key on 11/27. As of 11/27, he admitted he still needed to paint, clean, polish the floors, perform touch-up work, remove personal items, draw up a contract, etc. On 11/28 I informed him that since the property would not be ready by the next morning, he has not upheld his end of the agreement, and I am no longer willing to rent from him. I requested that he return my $700, but he refuses. Is there anything I can do?


Asked on 11/28/02, 2:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Can I get a security deposit back if I never moved in or signed a lease?

The crucial question in determining the outcome of your problem is whether the 11/29 agreed-upon move in date was a hard and fast deadline. In legal terms this would be known as "time of the essence". In other words, if you relied to your detriment on being able to move into the premises on that date, such as by giving up your current living accommodations, and were then forced to find alternative accommodations when these premises weren't ready, I think you have a right to void the contract and get your deposit back. On the other hand, if this was only an estimated date and you didn't suffer any significant inconvenience by a short delay, then the landlord may still be entitled to enforce the contract as long as the delay isn't extensive.

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Answered on 12/02/02, 4:23 pm


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