http://www.defeatyourlandlord.com/0-2-deposit-return.htm Exactly my thoughts as well though the laws in maryland is 45 days whereas california is 30 days but the above applies to all. Im never dealing with a private landlord again. They have too much leeway to swindle you or be unprofessional or inappropriate. At least with large apartment complexes, there are more neutral rules that apply to everyone whereas a private landlord can operate on personal whims.
*sigh* i finally recieved a voicemail on sunday with the excuse he was out of town, forgot about it etc (like people dont take their cell phone with them) and that he would write and send the check on monday. I waited til monday for the va rep to listen to it as i didnt want to even hear the lies or excuses. So after i threatened 'legal action' he seems to have come to some sort of sanity. I just hope this is it. So now its 47 days. He is technically in default as its past 45 days: the legal limit to return deposit in state of maryland without due cause. He also violated code by not doing inspection before move out as i requested but after but he knew there were no grounds to make up any damage because the tenant who moved in my room saw it was left in perfect condition. I know what is right to do as i always leave a place as it was at move-in or better. This situation flared up irritable bowel syndrome something awful.
So yesterday i text him again about my deposit after i check mailbox and still nothing. He said he would send it out last weekend. Now its 51 days which i tell him he is in default and i need a specific date this time, no more vagueness or me constantly having to beg him to send me back my money as if he is holding back personal charity based on his own whims. His reply when i didnt sound nice was immediate and that was: "If you text me one more time, i will get a restraining order for your harassment." The pattern with him is very obvious, he is reading all messages immediately but not responding when nice and then turning the tables as if he is the victim if i have a threatening or impolite tone and then responding immediately. The trifling and ridiculous issue about this whole thing is if he just would send it and be done with it, he wouldnt need to play this game that im harassing him now since its MY money! He is the kind of male whose nature is that he can dictate what he wants to do based on what he can or cannot get away with. This man actually believes he has a right to withhold my money because i dont like him and didnt want to be intimate with him. This is like a form of revenge. He is 'self-soothing' himself with at least keeping someones money or stressing them by waiting as if he holds all the power. But it is not okay for me to stress him or even get upset because then its 'wronging' them and further excuse in their mind for revenge. See how that works? This is how crazy and unjust some people think or believe but peoples internal machinations, beliefs and motives are all they need to justify anything to themselves no matter how unfair it actually is..
The landlord/tenant laws in maryland are not so good. They give landlord the option to do move out inspection after and not before which is a breeding ground for made-up damages but they have to give a written account within a certain amount of time which he never did because he couldnt because tenant who moved in my room saw it was spic and span and told him so in front of me and he knew it. A witness. So thats not the issue. Secondly, landlords are supposed to put deposits over $50 into escrow account (and to accrue interest) so there would be no excuse not to return deposit. I have text from him saying he will collect rent first of may as an excuse that he didnt have the money at the time. Money isnt even the issue, its greed and an unchecked entitlement and abuse of power as he has several properties, known to carry around hundreds of dollars on him like change as he has divulged to another tenant and he shows up every month in several luxury and sports cars. He not only cut our cable to bare minimum but also told his pet tenant not to increase thermostat above 70 degrees in the dead of winter in baltimore. We had to get our own space heaters and there was a blind guy there who didnt have one and didnt even offer one to him when he had several in his basement.
This situation has really made me aware how blatantly stupid and even corrupt laws can be. The law is written with the approval and even accomodation/allowance of theft under the law. Not in principle but in how it actually would work when manifested in real life. Im now wondering if these laws are written in a way to leaving easily exploitable loopholes open for problems just so that a court system would have a purpose. It thats the case, thats infuriating. It should be law that if a tenant is vacating a premise, the landlord should have to do a move-out inspection on day of move-out scheduled and required to return deposit (because in escrow) by next business day unless or less itemized damages. The allowance for a landlord to have so much time to return deposit is nonsensical and just blatantly favors the landlord. It also actually is like giving the landlord some type of tacit approval that by allowing an unreasonable (why in escrow then?) and rather gratuitous length of time to withhold a tenants money is reinforcing the greater power of the landlord as well as the burden to recover money is placed almost soley on tenant is unbalanced and gives an unfair leverage to landlords and disadvantage to tenants. It is actually outrageous that it is not law to give back someones money unless the victim returns to the state to file in the court system after they have moved when it costs more in some cases than worth it. Lawmakers could not see this? If im relocating to alaska and the landlord has 45 fricking days to return deposit or ELSE (wait for it) nothing happens to landlords at all if they dont because you will have to take leave from work, fly all the way back, find a place to stay, find a lawyer and go to courthouse to file and still wait for court etc and etc. Yet your landlord could just call the police and tell them you didnt pay rent etc and have you removed etc. I mean, even a petty shoplifter can have the police called and immediately charged for theft yet a landlord can get away with realistically even grand larceny and even if you recover money, still not considered a 'crime' because it falls under 'civil' matter? Basically a label. Isnt that brilliant or just totally insane, unfair and fucked up?? and if someone were actually intelligent or at least not corrupt, the laws would not have been written this way as it is obvious it is too disadvantageous to tenants to recover money and too easy for landlords to basically steal without lifting a finger. Also, there are little to no real penalties for all the laws landlords break. If a landlord has been proven beyond a shadow of a doubt that they were trying to withhold a tenants deposit unjustly, they should also face a hefty additional fine by the judge as well as possible jail time. As of now, its as if they are above the law because everything just comes down to a 'civil' matter. Nothing they do illegally even though it should be criminal because it is, is just a slap on the wrist. Some time in court and maybe some money but nothing serious which they usually have enough of anyways. So they arent afraid of the law so dont have to respect tenants rights much. There is no leisurely and luxurious amount of time for tenants to pay rent and even landlords can utilize the police force if need be to remove someone immediately if payment not recieved YET tenants cannot utilize the police to get their money, we must wrangle through the lengthy, arduous and time consuming process of the 'civil' court system. The laws have an almost medieval serfdom slant to it.
So i talked to legal aid and found out i can file online but will have to pay for personal expenses to go to maryland to recover money (court) and will not be reimbursed (maryland law) in deposit cases. You just get the deposit back but will not be monetarily worth it. You can sue for 3x deposit amount if you have an attorney but most attorneys will not take cases where little money is involved. I also cant sue and cant get any damages for pain and suffering etc in rent/deposit case (maryland law) and the sexual harassment would have to be a completely different case to file which isnt recommended as its so hard to prove or too much a hassle and would incur more expenses and time in maryland and court. This is why the landlord was interested and eager to knowing where i was moving to before i moved but completely comfortable and disregardful after i moved. The law totally favors the landlord in these situations and especially with people who dont have much money. Its amazing how the law is written in ways so there is no justice and favors criminal behavior, the very thing its supposed to minimize. He will get away with outright theft unless he just decides on his whim that he wants to return money because just the work to get the money back will eat up the deposit anyways. Its horrible..
I can see why sometimes people take justice into their own hands as they cant get it through judicial system many times with its loopholes, blindspots and even sometimes tying the hands of the victim. Someone actually told me the only way you were going to get your money from him is if someone was there with you and demanded you get your money back or else beat his ass from people who are manipulative and use the law to their advantage and not for justice. He has no criminal record yet he really is one. Hypothetically, if someone were to take it to the streets and beat his ass and reach into his wallet and take the money back, it would be justice even if they would go to jail for it and have a record. In truth, they would be innocent because the likes of this particular asshole who happens to be a landlord that the law sides with doesnt respect it at all but just using it and will exploit any weakness or opportunity. Well, he is a bug-eyed, rat-faced manipulative creep. Life is ironic..
This is why he was making fun of me asking questions such as are you moving to peru? Are you moving overseas? Etc He had no intention of returning deposit. Also, the reason why he was unusually interested and eager to get forwarding address before move like the shameless lowlife he is. Also, why he considers himself a good 'businessman'. Sneaky, conniving and no morals.
