Q: In Maryland, want to sue old management company. Never received receipt for deposit, over 45 and still no deposit back
Hi, I'm in Maryland and want to sue my old management company for 3 times the security deposit (as permitted by the General Assembly). Do I have a case? They never gave me a receipt for my security deposit in the first place, but more to the point, we moved out by the 1st (as was the term of the lease) and I have still not received my deposit (48 days later). I emailed the property manager AND office on the 1st asking when we could expect the deposit, was told 30-45 days, and then I emailed them on day 47 asking where it was, now it is day 48 and I'm being told I can expect it in 7-10 business days.
A:
Often the security deposit receipt is included in the lease language itself (instead of being a separate piece of paper).
The law requires that the Landlord return the security deposit, or send a letter explaining what damages were deducted from the security deposit, within 45 days. It isn't clear from the scenario whether the landlord mailed this and suggested the mail would take 7-10 days or whether nothing was sent until after the requisite period.
While it is imprudent for a Landlord to wait until the last minute, the court may not impose any sanctions if the deposit is mailed on the 45th day, even if it isn't received.
Whether or not to initiate a lawsuit in a particular case is more of a question to discuss in consultation with an attorney weighing the pros and cons and in light of the specific facts. I hope this online post offers some helpful information but it is not intended to take the place of getting specific legal advice.
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