Need Help With a Landlord Illegal Lockout

[mommyx6kids]

What is the name of your state (only U.S. law)? MD. M situation is rather complex. I signed an 18 month lease on a townhouse back in January 2016. In dec and January of 2016/17 I was robbed twice. Money was stolen from my car and my purse from inside my garage. I did not feel safe. I had prepaid a years rent up front and paid 6 months rent monthly before that. I gave my landlord notice I was leaving and would let him know when we were moved out because I no longer felt safe in my home. He has 2 months security deposit and 4 months rent leftover. He asked me to do a walk through a week and a half ago. I wasn't able to but I also hadn't told him we were out yet. He figured we abandoned the property because the electricity was shut off, which was a mistake, not the case at all. So he asked when I would return the keys. I told him I would try for last Monday but wasn't able to. He never contacted me again, instead he locked me out of my home. I still had stuff inside, hadn't had a chance to clean up the unit. I've contacted him numerous times regarding this issue of the illegal lock out and he won't admit it. He says I've abandoned the property, which I told him I hadn't. I told him I had items still inside and wanted to clean the place up. He refuses to allow me to clean. Says he will supervise me to get the rest of my belongings out but that I may not clean the unit up. He has $15,000 of my money. He's now alleging there are serious damages that will require a professional to fix and that if there's anything left he will see about a refund. One I know it's illegal to lock me out. I've told him I never abandoned the property several times. 2 I'm rather worried that since I was locked out I have no idea what condition the home is in and he's going to blame every little thing on me to keep my money. I'm trying to find an attorney but most are for landlords not tenants. Can someone please help here? If it were $5,000 I'd walk away but he's saying if the damages exceed $15000 hes coming back after me? I know they will not. The only thing I know that needs replacement is the carpeting and that's over 10 years old. I'm worried what this crook might try. He never fixed anything nor acknowledged it when we were there. The garbage disposal never worked, microwave door handle broke off, lighting fixture stopped working. What are my rights here as a tenant? I was advised that he can legally only keep 2 months rent and has to return the other 2 months but he seems to think he's keeping it all, plus the 2 months security deposit and charging me more possibly for damages I have no idea what they are?

 

[Gail in Georgia]

Let's look at the facts here...

1. You broke your lease (no matter your reason for doing so).

2. You failed to do a walk through with your landlord after he asked you to do so.

3. Your power was shut off giving the impression you either had it turned off or it was shut off for nonpayment.

4. You were told to return the keys but failed to do so.

It is not unreasonable that your landlord would assume you abandoned the property. Even if he allows you in to remove your remaining property and changes his mind about allowing you to clean there is still the issue of damages above normal wear and tear.

You state the garbage disposal never worked, the microwave handle "broke off" and a lighting fixture didn't work. Did you notify the landlord of these issues during your tenancy and if so, do you have documentation that you did so? The microwave handle may be on you but the other two items should not be (unless you damaged the disposal by overloading it with items that should not be put through one).

All states give a landlord a certain amount of time to return a security deposit and many states require a landlord to make a reasonable effort to find a replacement tenant when a current tenant breaks a lease. Keep in mind, though, that the emphasis is on "reasonable"; not heroic. If your rental unit is not damaged and can be re-rented soon (say, April 1st for example) then you would be out just one months rent plus any security deposit used for damages above normal wear and tear and, perhaps advertising costs to re-rent this unit.

I hope this makes sense.

Gail

 

[reenzz]

Feeling "unsafe" is not a legally reason to get out of your lease without penalty.

Regardless of when you vacated, you legally still owe rent until your lease expires or when the landlord finds a new tenant to take your place.

 

[adjusterjack]

What are my rights here as a tenant?

Precious little considering how badly you screwed this up.

I suggest you allow him to supervise you while you get your stuff and while you are there have him point out all the "damage" and photograph it all.

Once you have your stuff out you can sue him for whatever money you think he is wrongly keeping.

 

[mommyx6kids]

wow what a nice help this board has been. I NEVER abandoned the property and have told him so repeatedly. It is STILL illegal to lock out a tenant who has paid rent for 5 months. And I never said my reason for leaving was ok. I was simply asking since he did an illegal lock out what my rights were.

 

[Zigner]

wow what a nice help this board has been. I NEVER abandoned the property and have told him so repeatedly. It is STILL illegal to lock out a tenant who has paid rent for 5 months. And I never said my reason for leaving was ok. I was simply asking since he did an illegal lock out what my rights were.

If you LEFT the property, then you did abandon it. You're supposed to OCCUPY it.

 

[LdiJ]

If you LEFT the property, then you did abandon it. You're supposed to OCCUPY it.

Sorry, but its not abandonment if the rent has been paid.

OP, you are going to have to keep looking for an attorney to help you.

 

[mommyx6kids]

thank you. Yes I did pay rent through June and have proof of that. I'm having trouble finding an attorney however.

 

[Zigner]

Sorry, but its not abandonment if the rent has been paid.

OP, you are going to have to keep looking for an attorney to help you.

Oy! An apartment is supposed to be OCCUPIED. We're not talking about a warehouse here.

 

[CTU]

thank you. Yes I did pay rent through June and have proof of that. I'm having trouble finding an attorney however.

When that happens it's usually because you either don't have a case at all, or the case is not worth litigating.

(Or, worse, the guy you're wanting to sue has a valid case against you)

 

[reenzz]

You were not occupying the property and you had the electric turned off. Good luck convincing a judge that you did not abandon the property.

 

[LdiJ]

When that happens it's usually because you either don't have a case at all, or the case is not worth litigating.

(Or, worse, the guy you're wanting to sue has a valid case against you)

Well, no matter how good the case is, if there is not enough money involved for an attorney to want to take something on contingency, that could be the problem. 15k might be a little low for that considering that there will be at least some valid expenses that will come out of that.

 

[CTU]

Well, no matter how good the case is, if there is not enough money involved for an attorney to want to take something on contingency, that could be the problem. 15k might be a little low for that considering that there will be at least some valid expenses that will come out of that.

... which is why I said, "not worth litigating".

 

[mommyx6kids]

ok update: I rented a townhome for 13 months from Jan 2016-feb 2017. The lease was originally for 18 months but I terminated the lease early because I thought the landlord had asked me to move out. It's a rather complicated, sticky situation. I had paid the first 6 months in rent month to month and then paid the last 12 months of rent in escrow for an entire year up front through June 2017. I left in Feb 2017 because I thought I was asked to leave by the landlord. Turns out he maintains he did not ask me to move out after I had left. Anyhow...he states I had violated lease terms, which I admit I did. I had pets which I did. When I moved my pets and children had damaged the carpeting and hardwood flooring. And some walls needed repainting. We left on feb 3 but I had wanted the remainder of the month to clean the place and get everything back in order. Instead lanlords property agent gets notice from utility company that I had left and then changes locks when I repeatedly stated I hadn't and wasn't out and refuses to let me back into get the remainder of my items or to clean. He states only thing he will allow me to do is a walk through. I told him I had let a router from the phone company inside and he says he never saw it, yet somehow someone returned it because I got an email from Verizon stating it was returned yet he has no idea how or what that's about? My father was cosigner on the place so we did the walk through and took pictures which was the first time we were allowed back in 2 weeks later. He points out every little thing. I had told him things like garbage disposal wasn't working upon move in. He has no comment. Fast forward to today, get a letter from his lawyer. He's keeping my 2 months security deposit of $5,000, using my $10,000 for the remaining 4 months rent and asking for $20,000 in additional damages. I am floored! He is basically asking me to upgrade his place. He has things in there like reverse light switch. power wash and repair wood on deck. clean out kitchen cabinets. wash down toilet paper holder. wash down water heater. the smallest minute details. there isn't anything that was left out. it's basically as though he's asking me to almost rebuild his house from scratch if he could. How is this even legal first of all. Second yes I've consulted an attorney and am awaiting a phone call back but until then I'm coming here for advice because I'm freaking out so to speak. I never abandoned the property and have text messages repeatedly letting him know so. How can he use my rent in escrow to pay the rent for the remaining months now? I feel as though he's just trying to take me for everything I have because he thinks I have money. I've never seen a landlord do this.Any information you can provide would be so helpful. thank you.4

 

[CTU]

ok update: I rented a townhome for 13 months from Jan 2016-feb 2017. The lease was originally for 18 months but I terminated the lease early because I thought the landlord had asked me to move out. It's a rather complicated, sticky situation. I had paid the first 6 months in rent month to month and then paid the last 12 months of rent in escrow for an entire year up front through June 2017. I left in Feb 2017 because I thought I was asked to leave by the landlord. Turns out he maintains he did not ask me to move out after I had left. Anyhow...he states I had violated lease terms, which I admit I did. I had pets which I did. When I moved my pets and children had damaged the carpeting and hardwood flooring. And some walls needed repainting. We left on feb 3 but I had wanted the remainder of the month to clean the place and get everything back in order. Instead lanlords property agent gets notice from utility company that I had left and then changes locks when I repeatedly stated I hadn't and wasn't out and refuses to let me back into get the remainder of my items or to clean. He states only thing he will allow me to do is a walk through. I told him I had let a router from the phone company inside and he says he never saw it, yet somehow someone returned it because I got an email from Verizon stating it was returned yet he has no idea how or what that's about? My father was cosigner on the place so we did the walk through and took pictures which was the first time we were allowed back in 2 weeks later. He points out every little thing. I had told him things like garbage disposal wasn't working upon move in. He has no comment. Fast forward to today, get a letter from his lawyer. He's keeping my 2 months security deposit of $5,000, using my $10,000 for the remaining 4 months rent and asking for $20,000 in additional damages. I am floored! He is basically asking me to upgrade his place. He has things in there like reverse light switch. power wash and repair wood on deck. clean out kitchen cabinets. wash down toilet paper holder. wash down water heater. the smallest minute details. there isn't anything that was left out. it's basically as though he's asking me to almost rebuild his house from scratch if he could. How is this even legal first of all. Second yes I've consulted an attorney and am awaiting a phone call back but until then I'm coming here for advice because I'm freaking out so to speak. I never abandoned the property and have text messages repeatedly letting him know so. How can he use my rent in escrow to pay the rent for the remaining months now? I feel as though he's just trying to take me for everything I have because he thinks I have money. I've never seen a landlord do this.Any information you can provide would be so helpful. thank you.4

I have to ask. I'm not trying to be an arse, okay? But with that amount of damage how much do you think it would cost to fix it all?