Legal Question in Real Estate Law in Maryland

Security deposit in leui of last month's rent payment

I had a one year lease agreement that ended 9/30/00. In June, I spoke with the management corporation about purchasing a house, which we did in August(not the same as rental property). He had verbally agreed to allow us to use our security deposit in place of paying for the last month's rent. Now he has placed judgement for past due rent for September and is going to deduct damages from security deposit at the request of the homeowner. Can he do this without giving us prior notice in September that we should pay rent? Also, what damages are we liable for? The homeowner said she wants payment to replace bushes in the front yard, but all yard and lawn maintenance was our responsibility in the lease agreement. She is also asking for replacement of a 15 year old refrigerator that we put in the garage and did not use. What are our rights as previous tenants? Thank you.


Asked on 10/25/00, 2:03 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Security deposit in leui of last month's rent payment

Leases generally do not allow tenants to use the security deposit to pay rent. In hindsight, it would have been preferable to get a letter from the management agent if they were permitting you to do this. As far as the landlord's ability to charge you for damages, ordinarily when damages are going to be taken out of the security deposit, Maryland law requires the landlord to conduct an inspection with you having the right to be present and then to present you with a written list of damages within 30 days that she intends to charge you for. Otherwise you're entitled to a return of your deposit, with interest, and possibly could get a court award or three times the deposit plus attorney fees if the landlord is found to have violated this law. Also, thelandlord cannot charge you for ordinary wear and tear under usual lease provisions, so your responsibility to replace the bushes depends upon whether they died due to your neglect or from circumstances beyond your control. I don't understand the refrigerator issue--if you replaced it with one you brought in, why not just put hers back in the kitchen?

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Answered on 11/15/00, 3:35 pm


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