Security Deposit

S

SKMAC

Guest
Jurisdiction
Maryland
We rented our last residence for about 2 and a half years. The landlord put the property up for sale a few months after our first year and we were more than cooperative - keeping the house in showing condition and vacating the premises when showings or open houses were requested. This past February he notified us that he was putting the property back on the market with a new realtor [it had become a short sale] & within days we had to meet with his realtor without him as he was a no call / no show. A day or two later we opened our doors again to walk her husband around so he could take pictures and a day after that we were getting contacted for showings [although the property wasn't supposed to be on the market until the weekend]. After a few weeks of getting an hour or so notice about showings and mind you having to take two young children and two dogs out of the house - we had had enough. We contacted our landlord and told him we felt we couldn't live in the property as we were always having to head out at a moments notice. We told him we would be out in 30 days & he stated that if we allowed all the requested showings to come through he would give us our full security deposit and pet deposit the day we moved out.
We moved out on a weekend and reserved the last two days [of the 30] to clean and vacuum etc. We even had to leave the property the Sunday of our move so a two hour showing could come through. All said and done, we notified him we were out and he set up a time with us the following weekend [four days later] to do a final walk through.
He met my boyfriend at the property Saturday morning upon which they did a final walk through, he said everything looked great and wrote out a check for our full security deposit and pet deposit. They shook hands and went their separate ways. Monday morning 9 am rolls around and he sends over a text message to my boyfriend that he had canceled the check citing dog hair all over the carpets and stains in the toilets.
We scrubbed that house from top to bottom, steam cleaned the wood/tile floors and vacuumed and steam cleaned the carpets - I even had a fellow landlord come over and assess the property so as to leave it in good condition. My question is, IS THIS LEGAL?
He recently sent a new check over with an explanation of some deductions - citing a full house cleaning, items he says were missing [a toilet paper holder which we never received etc] as well as a charge for two days rent [?] _ we have as of yet to cash the check ... we were told to cash the check under protest but we just don't want to do the wrong thing. PLEASE ADVISE
 
First, read a MD lawyer's discussion of bad check laws, and stop payment check laws to avoid paying a debt.

Bad Checks

MD law is very clear, your stop payment check probably doesn't violate MD law.

That means your recourse is to IMMEDIATELY file a small claims case against your landlord.

Don't expect to collect a dollar, but you'll probably receive a judgment.
If you act quickly, you can eventually have the judgment used to pace a lien against the home he's trying to sell. That way you'll get paid before he gets paid.

Your landlord is probably being squeezed by the current economic downturn. I suspect he's pressed to make ends meet, which explains the short sale. That's not your problem, as he appears to owe you MONEY.

So, off to small claims you mst go.
 
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