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Apartment Legal Question

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Old 06-05-2013, 04:54 PM   #46
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Re: Apartment Legal Question

i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

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.

http://http://www.oag.state.md.us/Co...s.htm#deposits
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Old 06-05-2013, 05:07 PM   #47
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Re: Apartment Legal Question

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Originally Posted by Daseal View Post
Here's the problem, he did follow their rules to the T. You can only follow what is expressly published. If I get a form that says input your new address, I would also wait until I had a new address. Otherwise I'm wasting everyones time. He did exactly what you did for Comcast, everything that was expressly required to fulfill his agreement. He's currently being asked for $X and he's currently saying Nope.

The company clearly had 60+ days of notice that he would be vacating the property. They were fully aware he was moving out and knew the exact date. That was provided to them, and they sent him a RECEIPT of that fact. I don't care if it's 400, 4000, or 40 bucks. That is his money because he did everything on his end. Fight the power.
He is not wasting anyone's time giving the form without address just go back in fill it in afterwards.

I agree the leasing company is being a dick but like others have stated they are in the business of being dicks.
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Old 06-05-2013, 05:29 PM   #48
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Re: Apartment Legal Question

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Originally Posted by over the mountain View Post
i dont pretend to know landlord tenant law but id send a certified ltr laying out that they are unlawfully witholding and refusing to return your security deposit and if they do not return your full sec deposit within 2 weeks you will file a claim wth smnall claims or L&T and will seek three times the full amount of the sec deposit plus add'l damages you are entiteld to (int, atty fees, costs).

1) they cant withold or use your security deposit for anything other than security deposit purposes. i wouldnt think they can withhold or apply sec deposit money for rent under any circumstances.

many many landlords used to unlawfully withhold sec deposits so ppl like us just give up fighting for it bc its not worth it

2. if you gave them notice in writing (email or otherwise) and they acknowledged receipt of it = you should win in small claims if the contract does not specify what constitutes "written notice". if the contract does not contain any definitions then you apply the reasonable andnnormal meaning of "written notice" which to me means email, letter etc just nothing verbal.

either way, the co is just trying to screw you out of money hoping you wont complain bc they probably make a ton of money over ppl just forfeighting their sec deposit.

under md law you may be able to get costs and interest as well. id evcen ask teh judge for comp for tie off work going to court.

here is some helpful langugage . .
The landlord must return a tenant's security deposit plus interest, less any damages rightfully withheld, within 45 days after the tenancy ends. If the landlord fails to do this without a good reason, you may sue for up to three times the withheld amount, plus reasonable attorney's fees.

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.

http://http://www.oag.state.md.us/Co...s.htm#deposits


Good stuff. Thanks!
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Old 06-05-2013, 07:38 PM   #49
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Where the hell is Joe?
Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?
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Old 06-06-2013, 11:44 AM   #50
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Re: Apartment Legal Question

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Originally Posted by JoeRedskin View Post
Using his incisive legal mind to rebuild a porch. I just got in and sore in all sorts of unfamiliar spots.

Generally , as I recall, everything overthemountain is pretty much spot on. Gmanc, how long is the lease? If I give u my email, can you PDF it to me?
Sure, I'll send it over if you don't mind taking a quick look. Its 12 pages.
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Old 06-06-2013, 02:11 PM   #51
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Re: Apartment Legal Question

When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.
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Old 06-06-2013, 02:29 PM   #52
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Re: Apartment Legal Question

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Originally Posted by firstdown View Post
When did $400 become not enough money to worry about. If your make 150g a year its a days pay. If you make 75 g its around two days work. I guess some here must make 500 g's to not worry about $400. Even if that's the case do you really want some little prick taken you for $400 because they want to twist the rules to fit their rip off. I'd be such a pain in their ass calling over and over again until they give you $600 just to leave them the hell alone. Take them to small claims court and make them pay for a lawyer and waste their time and money. I rent property and all they are doing it trying to take advantage of you.

I had this happen to me but I wanted to stay and they wanted my spot. I refused to leave and took them to court. Court ruled in my favor and gave me the extended year I needed.
Thanks. She just emailed me back stating she checked with her "legal team" (no names) and that the lease is right, and I'm basically SOL.

So I am filing a complaint with the Montgomery County Department of Housing and Community Affairs, and they'll have someone investigate my complaint.

I mean I'm thinking the long run, I'm going to wind up getting stuck, but I'm going to fight it til the bitter end as long as it does not cost me additional money.
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Old 06-06-2013, 03:18 PM   #53
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Re: Apartment Legal Question

I'm sure she had a legal team just sitting around waiting for her call and it probably went more like this. Hey boss there is some jerk on the phone and expects his deposit back. Boss, tell him you talked to your legal department and they said to go F himslef. Boss: Ok don't tell him in those words but you know we don't give back deposits.
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