Landlords NOT Giving Me My Security Deposit

[MizzIndependent]

What is the name of your state (only U.S. law)? MD

I've read over my lease 100 times. In bold print, it says "The inspection of the premises must be conducted 5 days prior or 5 days after the date designated by the tenant, failure to do so forfeits the landlords right to withold the security deposit for damages, etc...etc...." It also states they had to notify me by certified mail of the date and time of inspection. It also states they have 45 days to get a list of deductions for my security deposit.

Its been 34 DAYS since I moved out of my old apartment. I've yet to hear of an inspection, anything. So I called the landlord. He verbally said they weren't giving it back to me because the wooden floor had too many scratches.Which it did, but I also drove past the place last week, for about a week straight, and the front door was wide open, and there were numerous people walking in and out of there.

Thats all fine and well, but the lease doesnt say anything about them verbalizing to me why my security deposit is being with held.

My question is, they NEVER informed me of the time and date of inspection, it was conducted without me, it wasn't done 5 days prior to or after I moved, and now they dont want to give me my security deposit.

Did they flat out forfeit their right, or do I not have a leg to stand on if I go to court?

 

[Banned_Princess]

Write a certified letter that if they don't abide by the lease (send copy highlighted) then on the 46th day, you will sue them.

Then sue them.

 

[Seanscott]

In some states you must give the former landlord your new address IN WRITING before starting to count the 45 days

 

[atomizer]

Did you request an inspection in writing?

How do you know an inspection was not conducted once you left? It stands to reason that you would not be aware if one to place if you were not there.
But, you need to determine how many days the landlord by state law has to return or give you an accounting of your deposit. One other thing, did you supply your landlord with your new address? If not, then it could be in his drawer un-opened, and ready to produce in court if necessary.

 

[You Are Guilty]

In some states you must give the former landlord your new address IN WRITING before starting to count the 45 days

While I don't think that applies here, if the OP did not leave a forwarding mail address, how would they know if the LL ever mailed a notice for the inspection date? it would just get sent to the last known address - that is, the old apartment with the scratched up floors.

 

[MizzIndependent]

Yes, I supplied the new address in the letter mailed 15 days prior to me leaving the premises, and again once the premises was cleaned and ready for inspection, and yet NOTHING was sent to me about an inspection.

 

[Banned_Princess]

We have already discussed what you have to do ma'am. not sure what more you are looking for here...

 

[justalayman]

per Maryland law:

You have the right to be present when the landlord inspects your rental unit for damages at the end of your lease, if you notify the landlord by certified mail, at least 15 days prior to moving, of your intention to move, the date of moving, and your new address. 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 five days after your move-out date. The landlord must disclose these rights to you in writing at the time you pay the security deposit. If the landlord does not, he or she forfeits the right to withhold any part of the security deposit for damages.

It would seem you did not make a proper notification to be able to make any claims based on this. You were required to take first action. From what you have stated, you did not.

So,

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 cost to repair the damages, by first-class mail to your last known address within 45 days after you move out. If the landlord fails do this, he or she loses the right to withhold any part of the security deposit.

as others have said, when day 46 hits, make a demand for the entire deposit unless you have received the proper notification prior to that time. Then, the LL has up to 45 days to send your deposit. If he fails, you can sue for treble damages and even hire a lawyer for the LL to pay for.

• The security deposit, plus interest, but less any damages rightfully withheld, must be returned within 45 days of your notice. 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.

source: Maryland Attorney General - Consumer Publications - Landlord and Tenants

 

[Banned_Princess]

What is the name of your state (only U.S. law)? MD

my lease, In bold print says "The inspection of the premises must be conducted 5 days prior or 5 days after the date designated by the tenant, failure to do so forfeits the landlords right to withold the security deposit for damagesIt also states they had to notify me by certified mail of the date and time of inspection. It also states they have 45 days to get a list of deductions for my security deposit.

Its been 34 DAYS since I moved out of my old apartment. I've yet to hear of an inspection, anything. So I called the landlord. He verbally said they weren't giving it back to me because the wooden floor had too many scratches.Which it did.

My question is, they NEVER informed me of the time and date of inspection, it was conducted without me, it wasn't done 5 days prior to or after I moved, and now they dont want to give me my security deposit.

Did they flat out forfeit their right, or do I not have a leg to stand on if I go to court?

If you don't get anything by the 45th day, then sue them for your deposit back. X3 as quoted above from MD OAG

Really its just that simple.