Legal Question in Real Estate Law in Maryland

security deposit

I recently moved out of an apartment (owned by an individual rather than in a complex) on April 30, 2001. I was with the landlord when he did the walk through on May 4th or 5th and there were no problems or reasons for him to hold any of the security deposit. By MD law, I know he has up to 45 days to return the deposit, so I began calling him on June 18th because I had not received it yet. He didn't return my calls, or when he did he didn't leave a message (I have caller ID). I finally spoke with him yesterday, June 26, after he had told me to ''cool my jets'' only to find that he thought I moved out May 31st and that's why I hadn't gotten the deposit back yet. I told him I expect the check no later than Friday, but my friend is telling me that I should persue this in court to get additional money from him that I'm entitled to. Do I have sufficient legal ground to stand on even after I've told him I'd accept it if it were here by June 29th, and about how long would this be held up in court before I could collect?


Asked on 6/27/01, 2:20 pm

1 Answer from Attorneys
Jeffrey Thompson Law Office Of Jeffrey W. Thompson

Re: security deposit

It appears from your question that your landlord was certain of the date that you left - he had to conduct a walk-through. In addition, it does not appear from your question that he has claimed rent for the month of May, which he would be expected to do if he thought you were moving out on May 31. If you moved out because your lease was up on April 30th, then you may have a claim against the landlord for up to three times the amount of the security deposit. This is provided by the Maryland Real Property Code.

You should bear in mind,however, that the right to treble damages is not automatic. First, there are certain requirements which you must follow in order to be able to make the claim. Second, the award is left to the discretion of the court and may not be awarded if the judge feels that the landlord's actions were due to an honest mistake.

You may want to wait for the security deposit to be returned at the end of the month and THEN consider additional action against the landlord.

Note that if you paid rent for the month of May, the Landlord would be within his rights to believe you were not moving out until May 31, unless, of course, he rented the apartment to some one else during that time frame.

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Answered on 7/09/01, 7:59 pm


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