Last page edit 08/03/09

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 Security deposit basics
Interest on security deposits
Service of Process
Preparing your case
Points to Consider

Small Claims Court 

If landlords or tenants have disputes that cannot be resolved and the sum involved is $5,000 or less (excluding court costs and attorney fees), they can sue in Small Claims Court, a division of the District Court of Maryland.  This is a relatively informal and simple procedure in which most people are able to represent themselves without the aid of a lawyer. 

One of the prime causes of dispute between tenants and landlords that ends up in Small Claims Court involves charges to the security deposit.  Other causes are failure of tenants to pay utilities when they are required to do so under a lease agreement and damages to the rental property which cost more than that covered by a security deposit or when no security deposit was taken. 

The discussion below centers on a suit brought in Small Claims Court by a tenant because of the landlord's withholding of all or a portion of a security deposit to which the tenant feels entitled.  Other Small Claims Court cases have parallel considerations.  For more information on the Small Claims Court process, read the brochure produced by the District Court of Maryland.

When to file - In a security deposit case which involves $5,000 or less, the suit should be filed as soon as possible, but within three years of the time the dispute arises, in the County where the rental property is located.  The landlord must be summoned to Court by use of certified mail, a sheriff or a private process server -- either a professional or someone, such as a friend or relative, not directly involved in the case. 

Service of Process
The first step is to obtain the correct name and address of the landlord -- not always available to a tenant.  This may be obtained from the City/County office of Assessments and Taxation.  If the landlord is a corporation, it needs to be sued care of its corporate Resident Agent, whose name and address can be obtained from the State's Corporate Charter Department (410-225-1340).           

If the tenant is unable to obtain the landlord's address this method, the tenant will still be able to serve the landlord because of another section of Maryland law (Real Property Article, Section 8-210). Maryland law requires a landlord of a residential rental property to include his name, address, and phone number or the person authorized, (if any) to accept notice or service of process on the landlord's behalf, in the written lease or on a posted sign conspicuously placed on the rental property. 

If the landlord fails to do so, then notice or service of process can be sent by the tenant to the person to whom rent is paid, the address where the rent is paid or to the address where the tax bill is sent. 

Case Preparation
  • The case should be prepared as carefully and concisely as possible.
  • Keep to the essential points Do not introduce past experiences or disputes which are not part of the security deposit dispute.
  • Make an outline of your presentation.
  • Visit the Small Claims Court before the trial to gain a feel for the situation.
  • Bring all relevant documents to court.
  • File a "subpoena duces tecum" (the form can be obtained in the Clerks Office of the District Court) requiring the landlord to bring to court any documents that you believe to be relevant, such as repair bills, equipment invoices, etc.  Do not assume that the landlord will bring the documents you want.  Without the subpoena, he may not.

Points to consider

  • Should you have actually damaged an item beyond worthwhile repair, such as a refrigerator, be aware that many professional landlords depreciate moveable items, including wall-to wall carpeting, in seven years. You should only be responsible for "residual" value - that is the value left iin the item at the time of the dispute.

  • Be aware that the landlord can only charge reasonable fees for his labor (such as what the average cleaning person might charge for cleaning a house).

  • The landlord may want you to pay for redecorating the house.   Unless you have marked up the walls or painted the walls a different color, he should not have a valid claim.

  • Have witnesses that will testify about the condition of the house when you moved in and when you vacated the property.

  • When the landlord gives you the receipt for the security deposit. The landlord must inform you in writing, of your right to be present at the final inspection of the property.  He must also send you an itemization of claims against the security deposit within 45 days of the end of the tenancy.  He must also include additional loses, if he fails to do this, he loses the right to charge the security deposit for any damage, including lost rent.

  • A pamphlet describing the Small Claims Court process in detail is available from your local District Court.
 

Legally Reviewed - 10/01/03 (MLAN/AC))

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