Landlords & tenants: What is a security deposit?
May 28, 2008
The law permits the landlord to collect a security deposit. This deposit usually may not exceed two times the monthly rent. In federally subsidized housing, the security deposit usually may not exceed $50. It protects the landlord from damage to the leased unit caused by the tenant or rent owed by the tenant.
The landlord is not required to use the security deposit for rent while the tenant still occupies the property. The tenant is not responsible for damage due to ordinary wear and tear.
When the tenant first moves into the rental unit, the tenant should make a written list of damages that exist at that time and send a copy to the landlord. When the tenant moves out, the landlord will inspect the property to determine whether any damage was incurred during the lease.
The tenant may be present at the inspection if they advise the landlord by certified mail that he or she is going to move, the date of the move and the new address. The tenant’s notice must be mailed at least 15 days before the moving date. The landlord must notify the tenant by certified mail of the time and date that the rental unit is inspected. This date must be within 5 days before or after the moving date of the tenant.
Within 30 days after the tenant moves, the landlord must advise the tenant in writing about any damages that are being deducted from the security deposit. The landlord must return the security deposit, less damages, within 45 days.
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Is it true that in Maryland a landlord cannot charge a security deposit of more than $50 for a federally subsidized apartment? If this is true, would this include a HOPWA (Housing Opportunity for Persons With Aids) subsidized apartment? HOPWA is a federal program.
Exhibit A Editor Wayne Countryman looked into this, and here’s what he turned up:
There is no $50 limit in Maryland on federally subsidized apartments’ security deposits, be they Section 8 or HOPWA.
HOPWA seems to be such an obscure program that even most AIDS assistance groups don’t know about it.
He was told by one group in the city that landlords “typically” charge the equivalent of a month’s rent for HOPWA apartments, but we don’t know how much weight to give the answer.