Q: Is it legal for security dep $ to pay for charges for carpet cleaning upon moving out; no lease or oral agreement made?
No excessive wear and the entire apartment was cleaned, toilets, sinks, and tubs scrubbed, floors swept, mopped, and vacuumed. When I moved in, the carpets weren't cleaned, and the place was filthy. Also, no repairs were made to walls or anything.
I received a check for $200 less of my security deposit and a letter stating it was because of pet dander carpet cleaning. Upon contacting my former landlord I was told $200 was fair for cleaning and carpet cleaning via text. I never was informed that I would be responsible for carpet cleaning at any time prior to them reducing my security deposit. I never received any interest on my money either. I've informed my former landlord that I don't agree and nothing is being resolved. I sent a message and no response after 6 days. Texted again and now no resolution.
I feel I have a case from what I read and how I understand it. I feel, minimally, I should receive $200 plus the interest over the 2 years and 5 months. Am I correct?
A:
I'll address the easy question first -- under Maryland law, a security deposit held more than 6 months MUST earn interest. So a Landlord must calculate interest (whether or not the bank actually paid any interest) based on certain statutory amounts.
The harder question is whether in a particular circumstance alleged damage is truly chargeable. Maryland law offers some guidance by forbidding landlords from charging for "ordinary wear & tear." As you might imagine, what constitutes "ordinary wear and tear" vs. "damage" can be up for debate and landlords tend to claim "damage" more quickly than tenants. You may want to consult with an attorney practicing in this area of landlord/tenant law to go over the particulars of your lease and the specific facts related to the apartment condition. Additionally the free landlord/tenant hotline operated by Baltimore Neighborhoods Inc. might assist in answering questions.
While this post doesn't offer legal advice as to whether you can get your security deposit back, I hope the general information helps.
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