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Updated about 7 years ago on . Most recent reply

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26
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Kareem Aaron
  • Investor
  • DC Metro
8
Votes |
26
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Is it okay to ask for 2x deposit + 2x rent (first and last month)

Kareem Aaron
  • Investor
  • DC Metro
Posted

Since all the applications I've been getting have really bad credit scores, and having gone through evicting a tenant who couldn't pay me three months' worth of rent, I decided to ask for double deposit and first and last month's rent.

The applicant I approved signed the lease with these fees specified but upon moving in, he only paid me 2 months' deposit and 1 month's rent (I was in a hurry when he handed the payment, I just assumed he paid what was agreed on in the lease).  

I found out later that he didn't pay the full amount and talked to him about it, he said it's illegal in the state of Maryland to ask for 2 months' rent on top of the double deposit, even if it's specified on the lease and he signed it.

I already talked to a lawyer about this, I was told that he isn't aware of any such laws in Maryland prohibiting or allowing landlords to ask for 2 months' rent in advance on top of a double deposit. 

Would anyone know if it is indeed illegal to ask for 2 months' rent besides a double deposit? 

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
30,126
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

Your tenant is correct. Maryland law considers last months rent to be a form of security deposit.

Security Deposits (Maryland Code, Real Property, Section 8-203)
This law applies to all residential tenancies, whether the lease is written or oral.
(a) Definition – a “security deposit” is any payment of money, including the final month’s rent paid in advance, which is given to the landlord by the tenant in order to protect the landlord against non-payment of rent or damage to the leased premises, common areas, major appliances, and furnishings.

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