DCSportbikes.net  
» Help Support .NET!
DCSportbikes Premier Membership for 25$ per year. Discounts! Click here for full information.

Now available in the .NET Shop:



Get your DCSBN Gear!
» Shoutbox
Sorry, only registered users have the ability to use our real-time shoutbox to chat with other members.

Register now, it's free!
» Online Users: 582
3 members and 579 guests
2blueyam, beatle, nootherids
Most users ever online was 4,519, September 2, 2015 at 03:26 AM.
Go Back   DCSportbikes.net > Non-Sportbike Forums > Non-Sportbike Chat

Reply
LinkBack Thread Tools
MD rentlaw question (security deposit related)
Unread
  (#1)
Triple Secks
 
Abrasive's Avatar
 
Posts: 1,422
Join Date: June 7, 2007
Location: Arnold, MD
MD rentlaw question (security deposit related) - March 9, 2009, 07:24 PM

From what i've been reading online, our landlord should have taken our security deposit and put it into an interest bearing account.

http://www.rentlaw.com/dep/mddeposit.htm

We are 99% positive she did not put our money into an interest bearing account. Because she asked US how much we deposited when we gave our notice to vacate. We lived there for 3.5years.

Anyways, we took very good care of her townhouse. We fixed up the backyard and made it usable. Before it had nothing but weeds, and a huge unsightly concrete "fountain" in the corner. We removed it, planted grass in the dirt, and the bricking that was there was re-arranged to actually look nice.

In the interior - the staircase/hallway had some VERY ugly, reflective/silver wallpaper from the 70's. This shit was a HUGE pita to remove. When first looked at the place, one of the walls had it too - we were told it would be removed. When we did move in, the wall had been stripped and painted but the stairway had not. It was hideous, we eventually removed said wall paper (which required us building a scaffold). From my stand point these things(among others) improved the markability of the house because they were fairly important factors when we had to make the choice to rent there.

There are other things i could go on about, but the bottom line she is trying to hold half of our security deposit of $1400. We made numerous improvements to the house and repairs ourselves. $250 of it is legit (professional carpet cleaning). $50-100 is ok.. The rest is BS (she cited $200 to repair dry wall next to a window, that was in damaged condition when we moved in, but was worsened when the windows were replaced). Of course we dont have photos as proof. We found this place through a family friend, so we didnt think we'd have to play lawyer and cover our asses from day one.

The landlords daughter did the inspection - with my wife present. At no time did she make any claims of damage and required repair - only that we'd have to pay for the carpet to be cleaned. We are assuming the landlord either came after, or is getting nit picky through pictures her daughter supplied her.

So we are prepared to contest her charges, and demand the interest on the security deposit as well. I'm prepared to fix the drywall ourselves if we can get access. We would have repaired it before we left had we thought we'd have been accountable. We were too complacent and caring of the house in general, taking up smaller repairs we wouldnt/shouldnt have done because we thougth the landlord was a "close" because she was a friend of the family.

We don't think she placed our security deposit in an account - and when we demand it i don't want her to be able to assign an arbitrary % that SHE decides on. If i have to, i will take her to court, on principal. (she lives in texas) We are raging pissed because we bent over backward working/fixing/improving this place.

The kick to this, is that when she asked us "how much your security deposit was" and we responded "one months rent" she said "oh i had $700 written down." Guess what the "total" tally of deductions equaled exactly..? 700.

Sorry it turned into a long read, but any advice would be helpful. Thanks.


I believe i can see the future;
because everyday i repeat the
same routine.

Last edited by Abrasive; March 9, 2009 at 07:26 PM..
  Send a message via AIM to  
Reply With Quote
Unread
  (#2)
Super Moderator
 
Scorpion9R's Avatar
 
Posts: 6,648
Join Date: November 30, 2003
Location: Washington Metropolitan Area
March 9, 2009, 07:41 PM

To answer your question - YES. It is a law that the lanlord has to put your security deporit in a interest bearing account in the state that you live in. But there are if and or butts. For example - Montgomery County requires that they register all rental properties with the county. Also, I think they require at LEAST a 3% interest bearing acccount. But I need to know where you live. A good place to look is Montgomery COunty Housing website (google it) or whatever you live in.

Back to the inspection. When you did it, did she give you a copy ofthe inspection or did she write down what was wrong? Normal wear and tear falls on the landlord. WHo replaced the windows? Did you notify her of the damage when it was done? If you spent a ton of money fixing up the place - Your going to have to bite that one.

Mayland has its own laws and so does each county..Which can get wierd. Some counties dont require refrigerators!


“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”
-George Orwell


CCS Amateur #588
  Send a message via AIM to Send a message via Yahoo to Scorpion9R Send a message via AIM to Scorpion9R Send a message via MSN to Scorpion9R  
Reply With Quote
Unread
  (#3)
Triple Secks
 
Abrasive's Avatar
 
Posts: 1,422
Join Date: June 7, 2007
Location: Arnold, MD
March 9, 2009, 07:48 PM

Quote:
Originally Posted by Scorpion9R View Post
To answer your question - YES. It is a law that the lanlord has to put your security deporit in a interest bearing account in the state that you live in. But there are if and or butts. For example - Montgomery County requires that they register all rental properties with the county. Also, I think they require at LEAST a 3% interest bearing acccount. But I need to know where you live. A good place to look is Montgomery COunty Housing website (google it) or whatever you live in.

Back to the inspection. When you did it, did she give you a copy ofthe inspection or did she write down what was wrong? Normal wear and tear falls on the landlord. WHo replaced the windows? Did you notify her of the damage when it was done? If you spent a ton of money fixing up the place - Your going to have to bite that one.

Mayland has its own laws and so does each county..Which can get wierd. Some counties dont require refrigerators!
It was in Howard county - Columbia.

The inspection occurred with the landlords daughter as the inspector. The actual landlord lives in texas. The daughter had a list that her mom had created to check. She would ask about items of interest and my wife would explain. My wife didn't sign anything.

She had the windows replaced - we didn't notice the extra damage to that window because it wasn't a room that we used. (storage)


I believe i can see the future;
because everyday i repeat the
same routine.
  Send a message via AIM to  
Reply With Quote
Unread
  (#4)
Signed up for Track Days!
 
keebler's Avatar
 
Posts: 259
Join Date: February 20, 2009
Location: Pasadena, Md
March 9, 2009, 09:13 PM

imo...realtors maybe worthwile...talk to a few and get their perspective and advice on it or where you can best find info on it all.

best of luck, that sucks...
  Facebook Page Send a message via AIM to Send a message via AIM to keebler  
Reply With Quote
Unread
  (#5)
TPG - screw face
 
Oneway's Avatar
 
Posts: 6,720
Join Date: June 17, 2008
Location: Manassas
March 9, 2009, 11:26 PM

judge judy or that fine italian lady
  Send a message via AIM to  
Reply With Quote
Unread
  (#6)
TPG Bannings: III
 
Posts: 2,237
Join Date: May 28, 2008
Location: Frederick, MD.
March 10, 2009, 06:42 AM

I could be wrong, but AFAIK, you can not charge your tenants for carpet cleaning or replacement under most circumstances. Cuz I'm pretty sure you're supposed to replace carpet and such between tenants regardless, might want to check up on it. Let me know what you find, I would like to charge my tenants for fucking up my carpets, after only a couple of weeks.
  Send a message via AIM to  
Reply With Quote
Unread
  (#7)
TPG - screw face
 
Oneway's Avatar
 
Posts: 6,720
Join Date: June 17, 2008
Location: Manassas
March 10, 2009, 08:02 AM

Quote:
Originally Posted by CEaton View Post
I could be wrong, but AFAIK, you can not charge your tenants for carpet cleaning or replacement under most circumstances. Cuz I'm pretty sure you're supposed to replace carpet and such between tenants regardless, might want to check up on it. Let me know what you find, I would like to charge my tenants for fucking up my carpets, after only a couple of weeks.
lol i'd love to read the lease you type up....i bet it goes something like this: "pay me a month's rent upfront, feel free to break shit, oh and i'll clean up after you so you get your money back when you leave, just as long as we remain buddies"

my pug shat all over the living room when my first daughter was born (left him in the house for 3 days) needless to say we got hit for carpet replacement lol...that was in Laurel, MD

it is the landlord's job to maintain and provide proper upkeep, however if the damage is due to a tenant's negligence and or carelessness (read = beyond normal wear and tear)...then the landlord has every right to charge them and or take the cost out of the deposit.
  Send a message via AIM to  
Reply With Quote
Unread
  (#8)
GP Racer
 
RRaj's Avatar
 
Posts: 1,306
Join Date: May 28, 2008
Location: South Riding, VA
March 10, 2009, 08:32 AM

That's really unfortunate for you. I'm not a fan of anal landlords at all. My father who has been a landlord for several years is overly nice and almost lets his tenants get away with anything within reason, mainly because he doesn't want to loose the tenants and have to redo the entire place while it sits around waiting for new tenants.

My guess is that the landlord couldn't/shouldn't charge you anything for regular wear and tear. After 3.5 years, they cannot expect the carpet to still appear brand new. I'd say you fight it. You have valid arguements.


-RRaj
  MySpace.com Page Send a message via AIM to Send a message via AIM to RRaj  
Reply With Quote
Unread
  (#9)
Custom User Title
 
MrDan's Avatar
 
Posts: 723
Join Date: June 21, 2007
Location: Fairfax
March 10, 2009, 08:58 AM

I asked my parents - they have a few properties for rent (and sale) in Baltimore and Howard Counties.

"You don’t have to put the security deposit in an interest bearing account, you just have to pay the 4% simple interest on the amount when returned. As far as the work the tenants did on the house, if they had it in writing from the landlord, it would be a different story. We had one tenant who painted herroom deep purple. She might have loved it, but we, unfortunately, had to repaint it when she vacated. She had not asked us ahead of time. It had been painted a neutral color before she moved in. We have never charged for cleaning carpets (although we have had to get some cleaned) but have charged for smoking inside in violation of a lease and carpet cleaning when a pet was in the room, also in violation of the lease. The best bet for all parties is to look carefully and document the rental before moving in and again, at the end of the lease. Hope that helps."

So basically, you're probably SOL on getting money back for any work/repairs you did, unless it was already agreed upon by the landlord. You should also have a detailed list (in writing) of what is being deducted from the security deposit, and technically, they could argue that the improvments you made need to be undone.

These might be of interest to you as well. This has the timeline for when you need to be notified of charges against your security deposit. Also, according to the MD State's Attorney, you're owed 3% simple interest accrued semi-annually.

http://www.peoples-law.org/multiling...itydeposit.pdf
http://www.grad.jhu.edu/downloads/tenantRights.pdf

MOVING OUT

The landlord must return a tenant’s security deposit plus interest, less any damages, within 45 days after the tenancy ends. 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 costs to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails to return the security deposit, you have the right to sue for up to three times the deposit, plus reasonable attorney’s fees.
Normal Wear and Tear

A landlord may not deduct charges from your security deposit for normal wear and tear on the premises. For instance, if you have left small holes in the wall from hanging pictures that would be considered wear and tear. However, if you have knocked a hole in the wall that would require drywall or plaster, that would be considered damage. Common sense suggests that carpeting will need to be replaced periodically, and walls will need repainting due to wear and tear. A landlord must expect to bear these costs as part of doing business. You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease. To exercise this right, you must notify the landlord in writing by certified mail, at least 15 days prior to moving out, of your intention to move, the date of your move, and your new address. Many leases contain provisions outlining how many days notice you have to give the landlord if you do not wish to renew the lease–make sure you give enough advance notice as outlined in the lease. The landlord must then notify you by certified mail of the time and date of the inspection. The inspection must be held within five days before or after your move-out date. If you are moving out of state, make sure to inform the landlord in your letter of intention to move that you are moving out of the state and request that the landlord perform the inspection a few days before you move out.

  Send a message via AIM to Send a message via AIM to MrDan  
Reply With Quote
Unread
  (#10)
Custom User Title
 
MrDan's Avatar
 
Posts: 723
Join Date: June 21, 2007
Location: Fairfax
March 10, 2009, 09:18 AM

Mike - sent you a follow up email
  Send a message via AIM to Send a message via AIM to MrDan  
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Powered by vBadvanced CMPS v3.2.3


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.6.0
vBulletin Skin developed by: vBStyles.com
All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2002-2010 by DCSportbikes.net. DCSportbikes.net is owned by End of Time Studios, LLC.