Don’t Forget Your Security Deposit

March 7, 2017 Leave a comment

Getting your security deposit back shouldn’t be a hassle…
but what if it is?

security-deposit
Moving out can be an exciting but stressful time. Even after the actual moving part is over, there can sometimes be problems.  One common problem is the landlord’s failure to send back the security deposit. When you’ve done all that was required as far as cleaning, shampooing carpets, scrubbing surfaces and removing all personal items…you expect to receive that security deposit. What happens if your landlord doesn’t send it?

Security Deposit 101

The security deposit is given to the landlord during the move-in and leasing process. It’s typically used to cover unpaid rent, replace broken items within the rental property and repair any damages.

How Do You Get the Security Deposit Back?

First things first, sit down with your lease to make sure that you are properly meeting all of the terms and conditions before moving out. All property that was in the apartment when you arrived, like light fixtures and appliances, must remain. The property should be in good physical condition. Anything classified as wear and tear won’t be charged for, but wear and tear can be a broad designation depending on your landlord. Make sure that you give sufficient notice, according to the terms in your lease, for moving out to avoid additional fees or losing a portion of your security deposit. If your lease was over one year, you are entitled to interest on the security deposit, which your landlord should keep in a separate bank account without any co-mingling of funds.

What if There Are Damages?

If there are damages in your apartment, make sure that you ask for an itemized list so that you know what you’ll be paying for. Damages do not typically exceed the actual cost of repair, even on items that are pricey to replace like carpet.

The Deposit Timeline

Typically, a deposit is returned in full or returned with a list of itemized deductions. The state of Maryland requires all landlords to return the security deposit within 45 days of the move out date.  Always leave a forwarding address with your landlord so that he or she has somewhere to send the security deposit, as all that’s needed is to mail the check to the last known address (which might not be where you’re headed).

I Never Got My Deposit!

If you still haven’t received a deposit or explanation for the lack of check, complete the following steps:

  • Complete a Request for Return of Security Deposit form, typically available through a local or state tenants’ association or lawyer
  • Send the Request to your landlord via certified mail and request a receipt of delivery
  • Allow one week to hear a response from your landlord
  • If it has been over 45 days, Maryland law allows for you to deny repair costs, damages, or deductions other than unpaid rent, including damages up to three times the amount of any unpaid rent and attorney’s fees.

If you are struggling with retrieving your security deposit, Lebovitz Law is here to help. Contact us today at (410) 828-0680.

Filed under Landlord Tenant Agreements, Maryland, Security Deposit, tenants rights

Quick Evictions in Maryland

January 26, 2012 5 Comments

It has come to my attention that there are national companies marketing on the internet that market towards landlords to help them evict their tenants. They have catchy names and logos to capture the imagination of prospective clients that this is an easy process.

This tactic and marketing strategy may be effective in other jurisdictions, however, here in Maryland, most evictions and tenant issues can be resolved by the litigants themselves without requiring attorney intervention. The District Court of Maryland hears the majority of landlord tenant disputes in Maryland. Some counties, specifically, Montgomery County has a separate Landlord Tenant Commission to help resolve disputes between landlords and tenants prior to filing in the District Court.

While many potential litigants, both landlords and tenants may feel overwhelmed by the process and uncomfortable going to court, attorneys can be a helpful resource. However, the District Court provides a web site with links to all the necessary forms and has frequently asked questions and answers available. Click on the following link to obtain all relevant information from the District Court. This site has links for forms and simple instructions on how to complete the forms.

http://www.courts.state.md.us/district/forms/civil/dccv082br.html

You may also click on this link (http://www.courts.state.md.us/district/dctcivforms.html )for access to all available forms from the District Court. Many can be downloaded in pdf format and typed on your computer and then printed while a few must be picked up for free from any District Court location.

 

Prior to filing a complaint, the court requires proof that any defendant is not in active military service. There is a link for the Department of Defense Manpower Data Center https://www.dmdc.osd.mil/appj/scra/scraHome.do
This website can help determine whether someone is currently in active military service or not.

 

In the State of Maryland, landlord’s can file actions in rent court, a subdivision of the District Court seeking to collect unpaid rent when tenants fail to pay rent and money for damages caused by tenants when they move out. Landlords may file a complaint for failure to pay rent or for breach of lease. Prior to filing a complaint, the landlord must provide written notice to the tenant to vacate the property.

Landlords must give 30 days notice (or 14 days if there is clear and imminent danger of the tenant or person who is on property doing serious harm to themselves, other tenants, the landlord, the landlord’s property or representatives, or any other person on the property).

You must provide proof that each defendant has been served prior to a hearing being scheduled.

If you have questions regarding this process, please feel free to contact me or any other attorney or click on one of these high profile eviction companies. But remember that there is plenty of free information available from the Courts.

Filed under attorney, Baltimore City, Maryland, Baltimore County, Maryland, contract disputes, District Courts of Maryland, landlord tenant, Maryland, Maryland attorney, real estate law, tenants rights Tagged with , , , , , , ,