Legal Question in Real Estate Law in Maryland

Tenant Rights

My heat and air conditioning does not work. It did not work right all winter. We notified landlord in December that it did not work right. We had someone come out to check it and was told that the unit needed to be replaced which he was informed obout and he still did not do anything about it. He did not send anyone out till April to look at the unit and he said the same thing that our technician said. Because of this our heating and air conditioning bills were runing about $300.00 a month. Now that we are ready to move out the landlord wants to withhold our security deposit. What is my recourse?


Asked on 7/09/99, 3:17 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Tenant Rights

There are strict laws that govern a landlord's ability to withhold a security deposit. The landlord must conduct an inspection and allow you to be present. He must give you a written list of the conditions for which he proposes to withhold the deposit. Also, when you first signed a lease, he was required to inform you of your rights regarding the security deposit in writing. If he violates the law, you can sue for triple damages and attorney fees.

Regarding the air conditioning and heating, if it was his responsibility to keep this equipment in working order, you may be entitled to reimbursement for any money you lost because of his failure to meet this responsibility. You will have to prove what your excess expenses were, at least generally.

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Answered on 7/13/99, 4:42 pm


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