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?
2 Answers from Attorneys
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negotiate on the claim or otherwise seek to have the claim withdrawn by the landlord where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
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.