Legal Question in Real Estate Law in Maryland

Suing for Damages To Rental Property

Had a verbal lease, collected first and last month in advance. Did not give receipts for any rent after requested in writing. Initially claimed $5400 in property damage but now $2500. I have pictures and letters stating damages before I moved out. Can I request a copy of the documents landlord claims he has?


Asked on 2/06/02, 12:58 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Suing for Damages To Rental Property

You can request the documents from the landlord, but its not certain

that the landlord will comply. This may hinge on the type of documents

you are requesting. If there is information on private, third parties in

any of the documents then this information will need to be removed prior to

publication (i.e., prior to landlord giving it to you).

Having an attorney request information may

be helpful. It may also be of benefit to have an attorney make a contact to

negotiate on the claim or otherwise seek to have the claim withdrawn by the landlord where

there is an insufficient legal basis to sustain a judgment favorable to the claimant-landlord.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 2/06/02, 1:55 pm
Alton Drew Alton Drew, LLC

Re: Suing for Damages To Rental Property

Your landlord is suppose to itemize damages and should provide you with this itemized list. He would need this documentation to support a claim for damages as well as to justify holding on to your security deposit assuming you gave him one. Did you and the landlord walk through the apartment prior to you vacating in order to assess the damages? Did you give the landlord written notice 15 days prior to you leaving the apartment? If so, was this notice sent via certified mail? If you gave written notice and have proof he received this notice, then you were due the opportunity of a walkthrough where you could properly assess the damage. This will impact how much you should settle on assuming you take responsibility for any of the damages he claims.

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Answered on 2/07/02, 8:31 am


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