Posts Tagged ‘ Maryland Landlord Tenant Law ’

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
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Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
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Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Laws and Regulations – Maryland

Security Deposit:

  • Security Deposit Maximum: equal to 2 month’s rent
  • Security Deposit Interest: 3% per year on deposits of $50 or more. Interest accrues every 6 months, but is not compounded.
  • Separate Security Deposit Bank Account: Yes, required in a state financial institution.
  • Pet Deposits and Additional Fees: No Statute
  • Deadline for Returning Security Deposit: 45 days or Landlord forfeits right to withhold, and tenant can sue for 3x deposit amount plus reasonable attorney’s fees.
  • Require Written Description / Itemized List of Damages and Charges:Yes
  • Record Keeping of Deposit Withholding’s: 2 years
  • Advance Notice of Deposit Withholding Required: Yes

Lease, Rent & Fees:

  • Rent Increase Notice: No Statute
  • Application Fee: $25 Maximum
  • Written Rental Lease Required: Yes, if Landlord offers 5 or more residential rental units in Maryland.
  • Late Fees: Maximum 5% of rent due.  If weekly rentals, maximum of $3/week.
  • Prepaid Rent: No Statute
  • Returned Check Fees: No Statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
  • Tenant Allowed to Repair and Deduct Rent:
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes
  • Tenant’s Right to Redeem (pay owed rent): Until the end of eviction trial.
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes, within reason.

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: 3 months, except farm tenancies which is 6 months. In Montgomery County, 2 months notice is required except for single family homes. This is not applicable to Baltimore City.
  • Notice to Terminate a Lease – Month-to-Month: 1 month.
  • Notice to Terminate a Lease – Week-to-week: 1 week.
  • Notice of date/time of Move-Out Inspection: Required.  Tenant has a right to be present at inspection.
  • Eviction Notice for Nonpayment: 5 days
  • Eviction Notice for Lease Violation: 30 days, 14 days if there is a clear and imminent danger to tenant or other people.
  • Required Notice before Entry: No Statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Landlord must provide a receipt of any security deposit provided. This receipt can be documented in the rental lease and does not need to be a separate document.
  • Landlord must notify the tenant of:
    (1) The right to have the dwelling unit inspected by the landlord in the tenant’s presence for the purpose of making a written list of damages that exist at the commencement of the tenancy if the tenant so requests by certified mail within 15 days of the tenant’s occupancy;
    (2) The right to be present when the landlord inspects the premises at the end of the tenancy in order to determine if any damage was done to the premises if the tenant notifies the landlord by certified mail at least 15 days prior to the date of the tenant’s intended move, of the tenant’s intention to move, the date of moving, and the tenant’s new address;
    (3) The landlord’s obligation to conduct the inspection within 5 days before or after the tenant’s stated date of intended moving;
    (4) The landlord’s obligation to notify the tenant in writing of the date of the inspection;
    (5) The tenant’s right to receive, by first-class mail, delivered to the last known address of the tenant, a written list of the charges against the security deposit claimed by the landlord and the actual costs, within 45 days after the termination of the tenancy;
    (6) The obligation of the landlord to return any unused portion of the security deposit, by first-class mail, addressed to the tenant’s last known address within 45 days after the termination of the tenancy; and
    (7) A statement that failure of the landlord to comply with the security deposit law may result in the landlord being liable to the tenant for a penalty of up to 3 times the security deposit withheld, plus reasonable attorney’s fees.
  • Tenant may terminate a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence.
  • Landlords can require tenants to provide proof of domestic violence status from tenants.
  • Landlord may not take possession of the leased premises, or the tenant’s personal property unless the lease has been terminated by action of the parties or by operation of law, and the personal property has been abandoned by the tenant without the benefit of formal legal process. 
  • Landlord must not take possession of premise, terminate a tenancy, increase rent, or decrease services to a tenant who has filed an official complaint to a Government Authority, has involvement in a Tenant’s Organization, or file a lawsuit against the Landlord. Any such action will be considered a “retaliatory action”.
    We recommend downloading a rental application and screening your prospective tenants.