Going-to-court threats over a security deposit (A Story)

[Nicole A.]

Happy Friday! Story time!

I had some month-to-month tenants in one of my units that gave their notice to vacate via text. The text, dated 06 Jan 2017, said:

"Hi, just letting you know that this month will be the last month at the house as we will be moving out of state."

They vacated by 22 January and contacted me within the week asking if the deposit had been returned. I got side-tracked and did not reply. They texted again a week ago and I said that any due monies would be returned within 45 days. I guess they did not like that. I got an email next saying:

"Hello. Just writing to inform you that according to Maryland state law, you as the landlord have (45) days to return the security deposit to the tenant. If you fail to do so, you are accountable for up to three times the security deposit plus attorney fees, respectively. It is coming up on 30 days, if the security deposit is not returned to the address [address redacted] by 45 days, we will be forced to take further legal action in hiring an attorney. Thank you."

We have not responded, but found it interesting the need to threaten us with court when we're still within our legal time-period. Besides that, the biggest point is that they seem to expect it back when they did not give a 30-day notice, as required by local law and also stated in the lease. We will be sending the required letter before the time period is up (probably this weekend). I think this is a good time to require signature for this mail!

What security deposit demands and threats have you received?

[Russ M.]

I had a tenant that was an inherited tenant when we bought the property.  Was initially on a 12 month lease.  Lease clearly spelled out - Rent increases 10% if you want to go month to month instead of renewing for a year.  His first response was "the previous owner said they never really did that".  I told him the previous owner doesnt own the building any more and we are going by the terms of your lease.  He proceeded to pay the higher amount for about 18 more months.  Then when he finally did move out, the check-in/check-out sheet was marked with no problems during their move-in inspection.  When we sent them a statement charging them for holes in doors and other broken items, he said "Oh the old owner told us we didnt have to write them on the inspection sheet, they would remember them".  He also threatened with court.  I suggested he go back to the old owner to get his money because again, he didnt own the building anymore and he as the tenant was responsible for those damages.  He cashed the security deposit check and we have never heard from him again.