Landlord is holding my security deposit.

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rmalik23

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I'm having some problems with my landlord. I signed a lease on a house with 3 other people about 3 months ago. This lease was supposed to be for a year. I paid $575.00 for my portion of the security deposit and a down deposit for the water. I paid rent for three months with the utility bills. He is refusing to return my deposit because he says it cost him exactly $575.00 to place signs, return e-mails and take calls to find a new person. The house isn't damaged in anyway and everything was payed for by check from my parents. Can he legally withhold the security deposit? The lease he sent me back had a few sentences highlighted.

"If tenant does not take occupancy of said unit other than unit not being ready of occupancy, security deposit will be forfeited. Tenant will also be responsible for the rent of said unit until landlord can re-rent it."

"If tenant vacates property before the end of the lease term, they are liable for the balance of rent due to landlord during the remainder of the lease term. Tenant shall further remain liable for such other damages sustained by the landlord due to tenant breach of lease and/or tenants termination of possession of the premises as long as such liability is not expressly prohibited applicable law. Such other damages shall include, but are not limited to, costs incurred in recovering possession of the premises (such as rental commissions, administrative expenses and advertising expenses) utility costs for the premises while same remain vacant, and costs incurred in redecorating the premises"

He also sent me this list. Not everything had a specific price on it, but just a general list with total owed, $575.00 at the bottom.

1. Labor paid to our maintenance personnel for placing rental signs at several of our properties in an attempt to generate phone calls. Time included picking up signs from storage, posting the signs at the properties, retrieving them after the lease was signed and then picking them back up to be placed back into the storage.
2. Landlord's time spent meeting and showing the property to prospective roommates.
3. Labor paid to our office staff for sending e-mails, responding to e-mails and handling telephone calls regarding the property.
4. Labor paid to process applications, meeting with prospective roommates to explain the lease agreement, typing of necessary paperwork and sending the documents to parents.
5. Cost of postage for mailing the documents to parents.

Total charges on account: $575.00
Total credits on account: $575.00
Less Total Charges on Account: $575.00

Total Amount Due to Tenants From The Landlord: $0.00

I don't understand how the labor costs for him equal my EXACT amount of the security deposit. Something smells really fishy to me and I want to know what I can legally do. From what I read on Maryland law, he has to state the exact cost of every single labor cost individually. I did technically live there for a couple of days. I just want my money back because I find this to be unfair and unjust. I think the labor and advertising costs are outrageous.
 
I'm having some problems with my landlord. I signed a lease on a house with 3 other people about 3 months ago. This lease was supposed to be for a year. I paid $575.00 for my portion of the security deposit and a down deposit for the water. I paid rent for three months with the utility bills. He is refusing to return my deposit because he says it cost him exactly $575.00 to place signs, return e-mails and take calls to find a new person. The house isn't damaged in anyway and everything was payed for by check from my parents. Can he legally withhold the security deposit? The lease he sent me back had a few sentences highlighted.

"If tenant does not take occupancy of said unit other than unit not being ready of occupancy, security deposit will be forfeited. Tenant will also be responsible for the rent of said unit until landlord can re-rent it."

"If tenant vacates property before the end of the lease term, they are liable for the balance of rent due to landlord during the remainder of the lease term. Tenant shall further remain liable for such other damages sustained by the landlord due to tenant breach of lease and/or tenants termination of possession of the premises as long as such liability is not expressly prohibited applicable law. Such other damages shall include, but are not limited to, costs incurred in recovering possession of the premises (such as rental commissions, administrative expenses and advertising expenses) utility costs for the premises while same remain vacant, and costs incurred in redecorating the premises"

He also sent me this list. Not everything had a specific price on it, but just a general list with total owed, $575.00 at the bottom.

1. Labor paid to our maintenance personnel for placing rental signs at several of our properties in an attempt to generate phone calls. Time included picking up signs from storage, posting the signs at the properties, retrieving them after the lease was signed and then picking them back up to be placed back into the storage.
2. Landlord's time spent meeting and showing the property to prospective roommates.
3. Labor paid to our office staff for sending e-mails, responding to e-mails and handling telephone calls regarding the property.
4. Labor paid to process applications, meeting with prospective roommates to explain the lease agreement, typing of necessary paperwork and sending the documents to parents.
5. Cost of postage for mailing the documents to parents.

Total charges on account: $575.00
Total credits on account: $575.00
Less Total Charges on Account: $575.00

Total Amount Due to Tenants From The Landlord: $0.00

I don't understand how the labor costs for him equal my EXACT amount of the security deposit. Something smells really fishy to me and I want to know what I can legally do. From what I read on Maryland law, he has to state the exact cost of every single labor cost individually. I did technically live there for a couple of days. I just want my money back because I find this to be unfair and unjust. I think the labor and advertising costs are outrageous.




If he REFUSES to refund your money, you'll have to sue him in small claims court.
Be advised, that this is time consuming, frustrating, and costs about $70 in your state to just file the case and serve the papers to your defendant.

Be further advised, this won't be as easy as it is on Judge Judy or The People's Court.

Ever been to traffic court?
This is traffic court three times removed, and even more bizarre.
Even the judges are a wee bit odd!

Be forewarned, if you win, you DO NOT get your money.
You get a piece of paper that says Dead Beat owes YOU MONEY.
Then the real fun begins.
You gotta try and collect your $575.
I'll explain that, IF you win.
Its useless to worry about that, until you win!

Here is where you learn about small claims in MD.

http://www.courts.state.md.us/district/forms/civil/dccv001br.html

http://www.courts.state.md.us/faq.html

http://www.courts.state.md.us/district/forms/acct/dca109.pdf

 
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If he REFUSES to refund your money, you'll have to sue him in small claims court.
Be advised, that this is time consuming, frustrating, and costs about $70 in your state to just file the case and serve the papers to your defendant.

Be further advised, this won't be as easy as it is on Judge Judy or The People's Court.

Ever been to traffic court?
This is traffic court three times removed, and even more bizarre.
Even the judges are a wee bit odd!

Be forewarned, if you win, you DO NOT get your money.
You get a piece of paper that says Dead Beat owes YOU MONEY.
Then the real fun begins.
You gotta try and collect your $575.
I'll explain that, IF you win.
Its useless to worry about that, until you win!

Here is where you learn about small claims in MD.



I want to know if I have any basis. I hear he has ripped off a bunch of students before. I don't want to go barging in guns a blazing and just end up being totally wrong.
 
I want to know if I have any basis. I hear he has ripped off a bunch of students before. I don't want to go barging in guns a blazing and just end up being totally wrong.




No one can promise you anything.
If you're asking me would I take him to small claims, no, I wouldn't.
I'd let it go.

You said you wanted your money back.
The ONLY LEGAL way to attempt that is to sue him.

You've asked him and he's refused.
There is nothing else you can do, but sue him.

If he rents to college students.
You might speak to the housing office on campus.
They MIGHT be able to exert some informal pressure against him.
That sometimes works.
If, he cares about being "blacklisted".
Assuming, your university does that sort of thing.
 
OP, are you writing that you signed a lease (with roommates) for a year and then broke it after living there for three months?

If so, you would continue to owe rent until 1. the landlord would find a tenant to replace you or 2. the lease would normally expire.

Such charges to you (from your security deposit) would include the costs of trying to find a replacement tenant (i.e., advertisement costs, etc.).

Do you know when a new tenant was found to take your place?

Gail
 
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