LGST 101 PROJECT 2- Mark Strack

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101

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Jun 14, 2024

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Part I. Statutory Summaries A. Retrieve § 8-203 of the Real Property Article in the Annotated Code of Maryland using Westlaw, and cite this section using Bluebook format. Note: Use of Bluebook format is required for I.A. Md. Code Ann., Real Prop. § 8-203 (West, Westlaw through the 2021 Regular Session of the General Assembly) B . Write a statutory summary of subsection (b) of the statute. A landlord may not require a security deposit that is more than the amount of two months' rent per living unit, regardless of the number of tenants. If a landlord charges more than the equivalent of two months' rent per unit as a security deposit, the tenant may recover up to three times the extra amount charged, plus reasonable attorney's fees. An action may be brought at any time during while occupying the property or within two years after leaving the property. C. Write a statutory summary of subsection (e) of the statute. Within 45 days after leaving the property, the landlord shall return the security deposit to the tenant together with simple interest or 1.5% a year, whichever is greater, except any damages rightfully withheld. No interest is due if the landlord has not held the security deposit for at least 6 months or for any period less than a full month. Except from what was previously explained, interest shall accrue at monthly intervals from the day the tenant gives the landlord the security deposit. Interest is not compounded. Interest shall be payable only on security deposits of $50 or more. If the landlord, without a reasonable basis, does not return any part of the security deposit including accrued interest within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney's fees. D. Write a statutory summary of subsection (g) of the statute. If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed together with a statement of the cost actually incurred. If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

Part II. Statutory Analysis Note: Use subsections 8-203(b), (e), and (g) only. If you rely on a specific portion of a subsection, identify it precisely. For example, if (hypothetically!) your answer relied on § 8-203(b)(11)(i), you'd cite § 8-203(b)(11)(i ) , not § 8- 203(b). A. Is Brown legally entitled to receive an itemized list of damages? Identify the specific subsection(s) that support your conclusion and thoroughly explain your analysis. I- Brown wants to know if they are entitled to receive an itemized list of damages. R- Md. Code Ann., Real Prop. § 8-203(g)(1)- If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred. A- The statute clearly states that an itemized list of damages claimed is required if the landlord will be withholding full or partial security deposit. C- If the facts were presented to a judge, the ruling would be in favor of the tenant as stated in the above code. Yes, under § 8-203(g)(1) the landlord shall present a written list of damages along with a statement of the cost actually incurred. Without the itemized list of damages, the landlord forfeits the right to withhold any part of the security deposit under § 8-203(g)(2). B. Is Brown legally entitled to a return of the full $3000 damage deposit despite the minor damages they caused at the leased house? Identify the specific subsection(s) that support your conclusion and thoroughly explain your analysis. I- Is Brown legally entitled to a return of the full $3,000 damage deposit, despite the minor damages they caused at the leased house? R- Md. Code Ann., Real Prop. § 8-203(g)(1)- If any portion of the security deposit is withheld, the landlord shall present by first-class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with a statement of the cost actually incurred. (2) If the landlord fails to comply with this requirement, the landlord forfeits the right to withhold any part of the security deposit for damages.

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