Right to sue my landlord?

Question

Long story short: Husband and I broke our lease with our landlord because we were offered base housing. (Military) We placed the ad, showed the property, AND got the landlord $300 more a month for the house. The landlord approved the new tenants and they have signed a 2 year lease and are moving in Aug. 1st. Landlord was out a total of $500 in rent between tenants. They are now refusing to give us back our $2000 security deposit. Maryland law says we have the right to it back if new tenants move in and also if the landlord refuses to give the deposit back we can sue for 3 times the deposit amount. We have offered to settle for the deposit back minus the amount she was out of rent. Landlord doesn't seem to care and is telling us to go ahead and take her to court. Does she have a leg to stand on?

Answer 1

It doesn't sound like your landlord have a leg to stand on.  It also sounds like you are a military family, and I know that there are certain rental laws that pertain specifically to military families.  If I were you, I would speak with your base.  They sometimes have legal support and or other support groups that can give you information on these situations to get the case resolved.

Answer 2

You never state wy the landlord said she was keeping the deposit.  If she is saying she is keeping it because of the broken lease, look at your lease and see if there is a penalty for breaking the lease early.  If there is, she may have a leg to stand on legally (though not morally) even if you helped her get another tenant.

If she said she is keeping the deposit for damages, etc, she'll have to prove it in court.  Hopefully you took pictured of the condition of the place when you left.

Good Luck!

Answer 3

First off you are responsible for the $500.00 since it was your actions that caused the loss.  Second, you will need to wait the required time (30 days) for the landlord to return the balance of the deposit.  If she fails to do so...you are free to take her to court.

Answer 4

Is the landlord subleasing the place or does she own? Also find out about her job.

Proceed to file a small claims lawsuit. It is not that difficult.

Answer 5

Short story short, YOU need to seek an attorney, not ask us floor cleaners, auto mechanics and office secretaries about law!

You broke your lease without consent of the landlord, then you violated your contract.  SEE A LAWYER!!!!!!!!!!!!!!!

Answer 6

It doesn't seem as if she does.  She may just be testing to see if you will just "roll over " and let her keep the money.  I would sue her on small claims court, including a copy of the statute that you just quoted.  She may also be waiting for Aug.1 to come so that she can make certain that her new tenants will actually be tenants.  One of two things will happen:

1.  She will write you a check for the deposit back to avoid going to court.

2. She will go to court and probably lose because of that statute.

Just be sure that you have your evidence lined up proving the new tenant's existence, a copy of the ad that you placed, a copy of the new tenant's lease (if you can get it), video of the house showing that you are leaving the place in a clean, "move-in" condition, video showing the new tenants moving in on Aug. 1st (use a newspaper on your video to prove the date- not just the cancorder setting), etc.