Law Clerk's Legal Analysis of Landlord and Tenant Essay

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Total Length: 639 words ( 2 double-spaced pages)

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One of the key issues that landlords together with property managers face is the issue of whether to return the security deposit subsequent to evicting a tenant. It is imperative to note that a tenant that is evicted does not automatically lose the security deposit that he or she paid at the start of the lease agreement. The clause that the firm’s client is considering inserting into a lease is allowable. The tenant has a general right to be given back the security paid at the start of the less with interest, less any damages that are rightfully withheld within a period of 45 days of leaving the property. This is imperative because the tenant is allowed to sue up to three times in terms of damages and attorney’s fees. However, in effect of being evicted from the premises, this particular provision is not applicable to the tenant. In addition, there is the provision that in the event that the landlord devoid of a reasonable basis does not return any security deposit portion together with accrued interest, inside the 45-day period after the termination of the tenancy, the tenant has an action of up to 3 times the withheld amount together with reasonable attorney fees. This is another provision that is not granted to a tenant that is evicted by the landlord.

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However, it is permissible for an evicted tenant to demand the return of a security deposit by providing written notice through mail to the landlord within a period of 45 days of being ejected or evicted. In the similar time period, the landlord is expected to present a record of the damages that are claimed in addition to a statement of the costs that are in fact incurred and thereafter return to the tenant the security deposit, less any damages that are rightfully withheld. In the event that this list is not sent, then the right of withholding any security amount for any damages incurred in the property s forfeited. In the same manner, if the landlord does not return the security deposit, then the tenant has a right to sue for an amount of up to 3 times the amount withheld in addition to reasonable attorney fees.

In conclusion, the clause is permissible with the inclusion that the tenant will be granted the security back subsequent to the deduction of damages, unpaid….....

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References

Baurer, D. (2017). Maryland Landlords Seek Clarity in Light of Recent Rulings from the Court of Appeals. Ferguson, Schetelich, & Ballew Attorneys at Law. Retrieved from: https://fsb-law.com/maryland-landlords-seek-clarity-in-light-of-recent-rulings-from-the-court-of-appeals/

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