Legal Question in Real Estate Law in Maryland

Security deposit return

I signed a one yr lease. I advise my landlord 4 months into the lease that I could not afford it and to find other renters, but I would stay until then. In January, he advised me he found a renter and they would move in Feb. 3. And that he needed at least a week to get the carpets clean. So I moved out Jan. 28th into an Apt. Now he is charging me back rent for 1/29/01-2/4/01 and charging me for elect., and water for those days as well. Is that legal? (Verbal Agreement) When he showed the place to the renters, I asked him if I needed to paint and clean the carpets when I moved out? He said no. He charged me 75.00 for a stain that was already there before I moved in. He never cleaned the place before I moved in. Can I get that money back from again another verbal agreement?


Asked on 2/22/01, 2:06 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Security deposit return

Your question illustrates the problems that are created when you try to rely on verbal agreements instead of documenting everything in writing. Since you started with a written 1 year lease, the landlord could have enforced the entire lease if he chose to do so. He probably feels he did you a favor by finding a replacement tenant after you were only 4 months into the lease period. He probably also feels that you should pay up until the day he started collecting from the new tenant to repay him for the break he cut you by letting you out of the lease early, and that the disputed week was needed to prep the apartment for the new tenant.

Maryland does have a well detailed procedure for what the landlord has to do to utilize a security deposit for repairs. There are notice requirements and the tenant is allowed to be present during an inspection. It doesn't sound from your experience that the landlord followed the proper procedure. You may therefore have a suit against him to recover part of your deposit, but it seems like the amount of money involved would hardly be worth it.

Read more
Answered on 4/09/01, 4:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland