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06-05-2013, 04:54 PM | #31 |
Playmaker
Join Date: Apr 2007
Location: close to the edge
Posts: 4,926
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Re: Apartment Legal Question
i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).
1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances. many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it 2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal. either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit. under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court. here is some helpful langugage . . The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees. If the landlord withholds any part of your security deposit, he or she must send you a written list of damages, with a statement of what it actually cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit. http://http://www.oag.state.md.us/Co...s.htm#deposits
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