Deducting cleaning fees from security deposit in Maryland

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Deducting cleaning fees from security deposit in Maryland

Realtor · Warrenton, VA · Member since 2017 · 9 posts · 0 votes

Can a private, individual landlord (who only has 1 rental unit) deduct cleaning fees for normal wear-and-tear from a security deposit at the end of a lease? Deposit was $650. Interest accrued = $3.90 for a total of 653.90. Landlord is deducting $169 for carpet cleaning and additional $75 for regular cleaning fees. She says because she owns only one unit, certain landlord-tenant laws do not apply to her. She acknowledges that there was no damage to the apartment whatsoever. Also, the remaining deposit- which has been reduced to $409.90 is finally being returned well past the 45 days required. Would it be worth checking in with an attorney about this? If so, any recommendations? This is in the Baltimore area- Granville Rd., basement room & bathroom. Thanks for any help or info!

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Matthew Paul

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

Simply write a letter certified mail to the landlord , enclose a copy of the law , explain that you dont want to contact your attorney . Tell her to return the deposit and the matter will be closed .

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Brandon L.
Real Estate Agent · Falls Church · Member since 2012 · 2k+ posts · 1k+ votes
7y
@Fawn Deitsch I would suggest investing in a legal shield account. You would be able to speak with an attorney about this question and they can give you the correct legal answer. It's the best 20 dollars I spend every month, and I am not affiliated with them.
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Ray Slack
Investor · White Haven PA · Member since 2014 · 362 posts · 221 votes
7y
My opinion is she can only deduct for " normal" cleaning if it's agreed to in the lease.
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Nicole Obregon
Member since 2018 · 28 posts · 18 votes
7y
Whether you own 1 unit, or 5 units, landlord/tenant laws still apply. She shouldn't be charging the tenant for a normal wear-and-tear cleaning, unless her lease specified it.
My lease specifies charges cleaning fees, but I have a separate addendum for that, which the tenant must sign off on.
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Ray Slack
Investor · White Haven PA · Member since 2014 · 362 posts · 221 votes
7y
Did she give you the opportunity to be at the walk through? Most landlords miss that part of the law. If she was more than a few weeks late getting you back the security deposit you probably would win in court. I would send her a nice email and say that since she didn't return your deposit within the 45 days you're entitled to three times damages in court. I know you're going to file a suit against her if she doesn't return the deposit in full. Most likely she will return it landlords hate going to court especially in Baltimore
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Fawn Deitsch
OP
Realtor · Warrenton, VA · Member since 2017 · 9 posts · 0 votes
7y
Thanks for the replies everyone- very helpful! @Brandon L. I will definitely check out legal shield. @Nicole Obregon I will have my son check his lease for something like this- thanks for the info. @Ray Slack She did not do a walk through. Also, she said she mailed the deposit, but the address was wrong and the envelope was returned to her- she is an absentee landlord living in FL. (This is a place my son was renting). It turns out, one of her text messages to him said she owns multiple properties in Maryland- which is not what she communicated to me when I spoke to her on the phone. It is all fishy to me- she also said my son gave her the wrong address- OR she wrote it wrong on the envelope- we have the text message to show the address was given to her correctly. I suppose we just need to check the lease for a cleaning clause. If there is not one- I am going to look into legal action. I really just want the $244 back- but she is not interested in negotiating. Maybe the threat of having to pay 3x's the deposit will be more convincing.
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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
7y
So you are going to hire a lawyer at $300 an hour for say 10 hours, aboit $3,000 to collect $244?
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Fawn Deitsch
OP
Realtor · Warrenton, VA · Member since 2017 · 9 posts · 0 votes
7y
@Russell Brazil Actually, we would be entitled to $1950 because she did not return the deposit in a timely manner + reasonable attorneys fees- at least that is what I understand from the attorney general's website. Nonetheless, I think I'll check out @Brandon L. 's recommendation to start, instead of going the traditional lawyer route.
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Ned CareyPro Member
Moderator
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
7y
@Fawn Deitsch MD is tough when it comes to security deposits. The landlord can owe up to triple damages if they don't follow the exact procedures. The fact this landlord only owns 1 unit is irrelevant (unless the landlord lives there). and Important factor is if that landlord would be responsible for attorneys fees. As @Russell Brazil sometimes the cost of an attorney isn't worth it even if you win.
Most areas have pro tenant groups that can help.
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Fawn Deitsch
OP
Realtor · Warrenton, VA · Member since 2017 · 9 posts · 0 votes
7y
Lease doesn't have any cleaning clause. Thanks for the tip @Ned Carey- I'll look into that. Probably not worth the hassle, but it would be a learning experience if we can find some affordable legal guidance!
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Terrell Garren
Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
7y
@Fawn Deitsch Sometimes I need to be reminded life is too short to fight every battle and sometimes it is best just to move forward. I wish you the best.
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Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
7y
Simply write a letter certified mail to the landlord , enclose a copy of the law , explain that you dont want to contact your attorney . Tell her to return the deposit and the matter will be closed .
4 Reply
Fawn Deitsch
OP
Realtor · Warrenton, VA · Member since 2017 · 9 posts · 0 votes
7y
@Terrell Garren- every time I get annoyed about it, I remind myself of that... is my serenity really worth $244. No, Not. At. All. However, she did mention that she charges all of her tenants the same fees (and will continue to do, illegally, to the next tenant, and the next, and the next...). She also lied to me about owning only one property, when she wrote that she owns multiple properties in a text message to my son- which leads to the main point & which is probably why I am feeling like a mama-bear about this- I'm idly witnessing my 19 year-old-son getting ripped off on his first experience renting a place of his own. Grrrr. In the end, he will be the one who has to file a suit- and I have to decide whether or not to suck it up since we fronted him the deposit- or have him pay us back anyway- lesson learned (the latter being unlikely since he is working his butt off to put himself through college with minimal debt, a full-time job, and a lot of ramen noodles).
@Matthew Paul- she seems like a fiesty one. Not confident that would even work!
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Terrell Garren
Rental Property Investor · Concord, NC · Member since 2016 · 1k+ posts · 3k+ votes
7y
Originally posted by @Fawn Deitsch:

@Terrell Garren- every time I get annoyed about it, I remind myself of that... is my serenity really worth $244. No, Not. At. All. However, she did mention that she charges all of her tenants the same fees (and will continue to do, illegally, to the next tenant, and the next, and the next...). She also lied to me about owning only one property, when she wrote that she owns multiple properties in a text message to my son- which leads to the main point & which is probably why I am feeling like a mama-bear about this- I'm idly witnessing my 19 year-old-son getting ripped off on his first experience renting a place of his own. Grrrr. In the end, he will be the one who has to file a suit- and I have to decide whether or not to suck it up since we fronted him the deposit- or have him pay us back anyway- lesson learned (the latter being unlikely since he is working his butt off to put himself through college with minimal debt, a full-time job, and a lot of ramen noodles).
@Matthew Paul- she seems like a fiesty one. Not confident that would even work!
I understand now. My wife is a kitten until her sons are involved, then she becomes a Tasmanian Devil.
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Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
7y
@Fawn Deitsch She may be feisty , but you can play a little game of poker with her . She may have never been called out before . Lets see , 1/2 hour on a letter , couple bucks on certified mail ( send one regular mail too ) . And get your son involved , its a great life lesson .
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Account Closed
Real Estate Investor · Waldorf, MD · Member since 2014 · 592 posts · 320 votes
7y
@Brandon L.I use to work for Prepaid Legal. I wouldn't go with them but...that was over 15 years ago. Perhaps their business practices have changed for the better but they changed their name to Legal Shield for some reason...Hmmmm
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Brandon L.
Real Estate Agent · Falls Church · Member since 2012 · 2k+ posts · 1k+ votes
7y
Originally posted by @Account Closed:

@Brandon L.I use to work for Prepaid Legal. I wouldn't go with them but...that was over 15 years ago. Perhaps their business practices have changed for the better but they changed their name to Legal Shield for some reason...Hmmmm
?? each state has it's on legal provider so the "business practices" you refer to really don't apply because I deal directly with a lawyer not legal shield. I have had to call legalshield directly 1 time in almost 10 years and the customer service was great.
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