Landlord tenant question (Frederick)

[platekiller]

Anyone know if a security deposit return has to be to the tenant by the 45th day or post marked.

Also anyone know a good lawyer who does landlord tenant issues in the Frederick area?

Sent from my HTC One_M8 using Tapatalk

 

[Bigdtc]

I would first refer to your lease/rental agreement. A good agreement will have it spelled out in there. Otherwise I believe the standard is whatever your monthly term was. If it was 30 days then generally it should be returned in 30 days from your last occupancy.

 

[Jim12]

Anyone know if a security deposit return has to be to the tenant by the 45th day or post marked.

Also anyone know a good lawyer who does landlord tenant issues in the Frederick area?

Sent from my HTC One_M8 using Tapatalk

http://www.oag.state.md.us/consumer/landlords.htm#deposits

 

[platekiller]

http://www.oag.state.md.us/consumer/landlords.htm#deposits

I read through that, but does returned mean sent (postmarked) or received?

Sent from my HTC One_M8 using Tapatalk

 

[Ganegrei]

I read through that, but does returned mean sent (postmarked) or received?

Sent from my HTC One_M8 using Tapatalk

I would imagine postmarked because neither the landlord nor tenant can control how fast the mail moves.

 

[dontpanic]

Statute says, must be sent within 45 days. You cannot control the day it is delivered. Get a receipt when you mail it. Document everything.

Get it done sooner rather than later. Do not wait for the last minute. All the laws are against the landlord.

 

[fabsroman]

I am an attorney in Howard County that deals with landlord/tenant issues, but mostly on the landlord side of things (i.e., where the money is).

This is what the Maryland State Bar Association has regarding the security deposit:

SECURITY DEPOSITS
The law permits the landlord to collect a security deposit. This deposit usually may not exceed two times the monthly rent. In federally subsidized housing, the security deposit usually may not exceed $50. It protects the landlord from damage to the leased unit caused by the tenant or rent owed by the tenant.

The deposit must be accompanied by a written receipt notifying the tenant of certain rights: (1) to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant’s occupancy; (2) to be present when the landlord inspects at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant’s intended move, of the tenant’s intention to move, the date of moving, and the tenant’s new address; (3) the landlord’s obligation to conduct the inspection within 5 days before or after the tenant’s stated date of intended moving; (4) the landlord’s obligation to notify the tenant in writing of the date of the inspection; (5) the tenant’s right to receive, by first class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy; (6) the obligation of the landlord to return any unused portion of the security deposit, by first class mail, addressed to the tenant’s last known address within 45 days after the termination of the tenancy; and (7) a statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney’s fees.

The landlord is not required to use the security deposit for rent while the tenant still occupies the property, nor is the tenant responsible for damage to the property due to ordinary wear and tear.
A copy of the receipt for security deposit shall be retained by the landlord for a period of two years after the termination of the tenancy, abandonment of the premises or eviction of the tenant, as the case may be.

Last, if the landlord fails to provide a written receipt of the security deposit, the landlord shall be liable to the tenant in the sum of $25.

Md. Code Real Property Section 8-203 states:

...

(g) Withholding of deposit -- Notice to tenant. --

(1) If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred.

(2) If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

Simply put, if you are withholding any of the security deposit put the written list of the damages in the mail within 45 days after the termination of the lease.

Md. Code Real Property section 8-203 is rather lengthy regarding security deposits for residential leases (i.e., assuming this is a residential lease).

If you have additional questions, send me a PM.

 

[fabsroman]

I read through that, but does returned mean sent (postmarked) or received?

Sent from my HTC One_M8 using Tapatalk

Returned means put in the mail. As already suggested, I would send it certified so you have a receipt.