Maryland Landlord Tenant Act
Question:
Security Deposit Requirement – Clarification Requested
When reading Maryland Landlord Tenant Act Section § 8-203 (f) (1) (vi) I understand that I forfeit my rights as a Landlord to withhold the Security Deposit for damages if I did not advise, at the time of the tenant's payment of the security deposit, the Tenant of Tenant's rights under subsection § 8-203 (f) (1) which talks about (B) Tenants rights to be present at the House Move Out Inspection provided Tenants gave Notice 15 days before the end of his/her move out day and gave his/her new address.
Is my understanding correct? I hope not because I am sure more Deposit Receipts do not include this 'advice' to Tenants about (B) Tenants rights to be present at the Move Out Inspection provided Tenant gave 15 days notice which would mean most Landlords do not have the right to deduct from Security Deposit for damages (!) or is it just that Deposit Receipts must include this 'advice' (A) that Security Deposit may be withheld for damages? (which most Deposit Receipt and Leases do include). (unfortunately, I believe the answer is (B) and not (A) because (A) would be a 'warning' of risk of Deposit deductions for damages while (B) is an 'advice' of Tenants rights to be present at move out inspections.
I look forward to receiving your opinion about this and your clarification. For your easy reference….
BELOW IS EXACTLY WHAT IS IN THE Maryland Landlord Tenant Act Section § 8-203 (f) (1)
(i) The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.
(ii) The tenant has the right to be present when the landlord or the landlord's agent inspects the premises in order to determine if any damage was done to the premises, if the tenant notifies the landlord by certified mail of the tenant's intention to move, the date of moving, and the tenant's new address.
(iii) The notice to be furnished by the tenant to the landlord shall be mailed at least 15 days prior to the date of moving.
(iv) Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the premises are to be inspected.
(v) The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant's notice.
(vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Section § 8-203 (f) (1) (vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.
Question:
Security Deposit Requirement – Clarification Requested
When reading Maryland Landlord Tenant Act Section § 8-203 (f) (1) (vi) I understand that I forfeit my rights as a Landlord to withhold the Security Deposit for damages if I did not advise, at the time of the tenant's payment of the security deposit, the Tenant of Tenant's rights under subsection § 8-203 (f) (1) which talks about (B) Tenants rights to be present at the House Move Out Inspection provided Tenants gave Notice 15 days before the end of his/her move out day and gave his/her new address.
Is my understanding correct? I hope not because I am sure more Deposit Receipts do not include this 'advice' to Tenants about (B) Tenants rights to be present at the Move Out Inspection provided Tenant gave 15 days notice which would mean most Landlords do not have the right to deduct from Security Deposit for damages (!) or is it just that Deposit Receipts must include this 'advice' (A) that Security Deposit may be withheld for damages? (which most Deposit Receipt and Leases do include). (unfortunately, I believe the answer is (B) and not (A) because (A) would be a 'warning' of risk of Deposit deductions for damages while (B) is an 'advice' of Tenants rights to be present at move out inspections.
I look forward to receiving your opinion about this and your clarification. For your easy reference….
BELOW IS EXACTLY WHAT IS IN THE Maryland Landlord Tenant Act Section § 8-203 (f) (1)
(i) The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant's family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.
(ii) The tenant has the right to be present when the landlord or the landlord's agent inspects the premises in order to determine if any damage was done to the premises, if the tenant notifies the landlord by certified mail of the tenant's intention to move, the date of moving, and the tenant's new address.
(iii) The notice to be furnished by the tenant to the landlord shall be mailed at least 15 days prior to the date of moving.
(iv) Upon receipt of the notice, the landlord shall notify the tenant by certified mail of the time and date when the premises are to be inspected.
(v) The date of inspection shall occur within five days before or five days after the date of moving as designated in the tenant's notice.
(vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Section § 8-203 (f) (1) (vi) The tenant shall be advised of the tenant's rights under this subsection in writing at the time of the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this requirement forfeits the right of the landlord to withhold any part of the security deposit for damages.
