Denver, CO asked in Landlord - Tenant for Maryland

Q: Per MD, the landlord has 45 days to return the security deposit or itemized list. Is it from end of tenancy or lease?

We moved out prior to the lease contract ending. The statute give 45 days for an itemized list or the landlord forfeits the right to hold the security deposit. The statute specifically notes "end of tenancy" for the 45 day mark. If we went off the end of the lease, the landlord sent it to us on the 46th day. If it went off the end of tenancy, it was the 60th day. I ask because we have other issues regarding what our landlord withheld. Instead of filing a dispute over what is withheld, if its a strong case, we would prefer to argue the 45 day timeline as opposed to specific charge disputes. We still don't have the security deposit, but he did send an itemized list of damages.

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1 Lawyer Answer
J. D. A.
J. D. A.
Answered
  • Landlord Tenant Lawyer
  • Hunt Valley, MD
  • Licensed in Maryland

A: Provided that you gave appropriate notice of moving out, the 45 day limit would apply from the end of the tenancy (in this case, the same day as the move-out). However, the landlord being one day late on the list is going to be a pretty weak technical argument. You can try that argument, but you may be better off also challenging the damage items, or depending on all the facts, countering that the landlord didn't repair the property appropriately during the tenancy.

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