State Specific Question About: MARYLAND (MD)

I'm on the other for this one and am asking a question as a tenant for a change. My college son was renting an apartment and they all moved out last May. How long does the landlord have to charge for damages after a lease has expired?

He just got a bill for $205 for cleaning (might be for replacing) a matress last week because they said it was stained. I'm surprised since he had a matress pad and he had other room mates and the damage might have actually been to someone elses matress instead.

Either way, it seems strange to get a bill three months after they all moved out. Is this legit?

These are college apartments and they don't take a security deposit so we never got a reconication statement ater he moved out. They charged a non-refundable $400 cleaning fee to each of the (3) roomates when they initially moved in and am amazed to see a charge after this long.

tell them to pound sand.

"If the landlord fails to inform the tenant of this right or fails to send an itemized list of charges to the tenant within 45 days of the end of the tenancy, then the landlord loses the right to keep the security deposit for any reason."

Hey Matt...long time no see or hear from ya...

Sounds like sorta a loop hole and unusual situation...

As you know, the MD state law is security deposit timeline is 45 days...even though your son did not pay a SD...I would suggest using that law timeline in defense...I'm brainstorming with ya to try to help, but this time my brainstorming is way out into left field...

So I would suggest that you send a short and sweet response letter citing the 45 day rule, and therefore you will not be paying that fee...

Worst case scenario...they take your son to Small Claims Court...50/50 chance either way...however a judgement in small claims might dink your son's credit for a while...

As for me...I would take that chance...

Sorry for not better knowledge or details..just the old Irish deep down perspective...

Too late and no proof. Forget about it.

I rented a house when I was teaching and my cat left a tiny pee stain on an old piece of broadloom, just a cut piece about four by four that didn't even have the edges bound, that was junk.

A couple months after I returned back to NJ I got a call from the owner and they wanted me to buy a new piece of carpet. I sent them $1.98 for a spray can of carpet cleaner.

I actually saved their hardwood floors when the roof leaked around the chimney and I went up to the attic and stuffed rags into the space. And another time when the expansion tank from the heater came off it's attachment. I called them and it got fixed before the pipe broke.

So that's gratitude. Ignore it.

What a clever idea. No security and a cleaning fee to boot. A cleaning fee would not cover damages to a mattress. I trust they are saying the mattress is to be replaced.

Did this in fact take place in Maryland?

When they take your son to court he will have to challenge the cost in that the mattress needs to be prorated. Furniture supplied by the owner is certainly depreciated. I would like to have the court confirm that it has not already been fully depreciated...thereby the owner would be double dipping.

Keep in mind. Since a search of your son's name will bring up a court action, he will have to speak to prospective employers about this subject. I would approach it from the stand point of being an organized young professional who is comfortable correcting a bad business practice. (That needs a bit of refining so that he doesn't sound like a kid who will take an employer to court).

I would also speak with the rent to own people off the record. See if you can approach this from another angle. All in all, if you challenge this you should do well.

Thank you all for your advice. This is a privately run apartment complex right next to the college in Towson MD.

I personally walked through the place and saw that it was in good condition but admit that I didn't even consider looking at matresses.

Will send a letter challenging the lack of notification within 45 days and will question the itemization of cleaning fees in excess the amount paid initially.

This complex is well run for the landlord but is merciless for the tenants. Guess I can't blame them since they rent exclusively to students which will trash a place if you don't stay on top of them.

However, I don't take to kindly to being taken advantage of and will fight this one.

How big is the apartment? I would counter and question the legality of that cleaning fee.

How much rent was paid by your son ? How much rent was paid total by all 3 room mates? How long did they live there?

You said $400 each($1200 total) was a cleaning fee. Damanges would have additional cost, since the $1200 is cleaning fee only.

It's a 2 BR apartment rented to 3 college kids for $2400 per month during the school semester. Not a cheap place but the dorm's are over capacity and a convenient location.

I agree that these guys are pros in controlling the apt and would quickly go to court. Can't blame them for being tough since college apts will get trashed if a landlord isn't on top of it.

However, I personally walked through the apartment and know that it was in great condition when they moved out. While it is possible one of the matresses was damaged and I didn't notice it, I wonder how they can make this charge 3 months later and how they qould even know who slept on which matress.

I don't see how the cleaning fee has anything to do with it. It's outrageous, but, the tenants agreed to and paid it.

However, it sounds like the complex's managers have bypassed state regs for security deposits by simply not using them. Then, they can bill/sue for damages with no time constraints.

Matt, so this is what happened:

-The LL had $1200 worth of funds for cleaning the place after your son and friends vacated. At that time there was no notice of a damaged mattress and the $1200 MORE than covered all that needed to be done with some left over (that he already spent elsewhere since it was nonrefundable).

-Now 3 months later, they are trying to rent the place to 3 new students--but the one who would be stuck with the oldest most stained of the 3 mattresses has refused to use it--and they can't get a new roommate this late--so rather than lose a month's rent, the LL had to go out and spend $175+tax on a new mattress. He now has the place rented with another $1200 in hand--but it kills him that he had to actually SPEND any money. SO, he thinks he can CON one of the former students into re-imbursing him for this expense.

The other posts make me ask you Matt...can they identify which BR the so called damaged mattress was in? Was it your son's room?

You should also have your son contact his old roommates to see if they also were being charged for the same mattress...

Situation is resolved. Thank you all for your assistance.

I spoke with the property manager and challenged both the delay in them submitting a claim and the fact that they have no idea who's mattress was damanged. After I asked for supporting evidence to prove their claim they backed down and have reversed the charges from my sons account. Interesting that their comment was "they will have to find the money somewhere else to pay for the damages".... My guess is that the damage was from another tenant and I wonder who else they will hit with this charge next?

Moral of the story as a landlord, make sure you settle all damages in the time alloted by your state law after tenants move out. Also, take plenty of pictures to substantiate any claims of damage.