Legal Question in Real Estate Law in Maryland
can thelandlord deduct part of my deposit unrightfully?
we recently moved out of an appartment. the landlord did the 1st walkthrough and said that the apt. is in an excellent condition. Second walkthrough requiired fixing 16 tiles. third day changed their mind and wanted me to partially pay for a 12 year old carpet ($ 500)(knowing that we stayed in this apt. just 2 years) and $250 for replacing the tiles whose estimated cost and replacement fees was 180. what are my rights? the landlord's?
2 Answers from Attorneys
Re: can thelandlord deduct part of my deposit unrightfully?
This all depends on the stipulations in your lease. As a contract, the terms of the lease will be construed in accordance with law. Usually this means that ordinary wear and tear is not recoverable. What you see as ordinary wear and tear, the landlord sees as recoverable compensation beyond ordinary use. These issues arise frequently. Most attorney's will not engage an issue with a notable leasing company; however, if you think you have a solid issue then you need to respond IN WRITING and do so in a timely and assertive manner. An attorney's assistance may be beneficial.
G. Joseph Holthaus III
(410) 799-9002
Re: can thelandlord deduct part of my deposit unrightfully?
The Maryland landlord-tenant law has specific provisions outlining what a landlord must do in order to be able to forfeit a security deposit for repairs. First of all, the landlord must allow you to be present for the walkthrough. Then he must give you a specific list of the "problem" items within a certain period of time. If he fails to follow the requirements, you may be entitled to three times your security deposit back, plus legal fees.
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