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    Bise11's Avatar
    Bise11 Posts: 7, Reputation: 1
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    #1

    Jun 29, 2009, 08:17 AM
    Loss of security deposit
    A family member rented a beach condo for a week in Maryland and got evicted from the rental unit. Per the security deposit agreement it stated the management company would keep the security deposit if eviction occur. Does the management company have the right to keep the security deposit if there were not any damages?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 29, 2009, 09:19 AM

    The damages would be the expense in going to court and getting an eviction order. What were the grounds for the eviction?
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    #3

    Jun 30, 2009, 06:36 AM
    Under age drinking. There were not any eviction costs incurred. A group of security guards walked into the rental apartment.
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    #4

    Jun 30, 2009, 06:37 AM

    Under age drinking. There were no eviction costs incurred by the management company.
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    nikosmom Posts: 1,611, Reputation: 488
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    #5

    Jun 30, 2009, 06:48 AM
    Quote Originally Posted by Bise11 View Post
    Per the security deposit agreement it stated the management company would keep the security deposit if eviction occur.
    If the agreement stated that the deposit would be forfeited if eviction occurs then that is the deal. Read the lease agreement, often landlords add a stipulation that allows them to evict the tenant if illegal activity is taking place which is the case here.
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    #6

    Jun 30, 2009, 07:10 AM

    Where is their loss. By definition a security deposit is for damages not to increase their rental income.
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    #7

    Jun 30, 2009, 07:11 AM
    It is the pbligation of the rental company to list their damages to support the retention of the security deposit, there was no support.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jun 30, 2009, 08:46 AM

    If they were simply asked to get out and they complied, this is not eviction. In that case, the terms of the the security deposit agreement might not apply.

    If they were forceably "evicted", the owner could well be in violation of the forceable entry and tetainer statute, assuming Maryland has one.
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    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Jun 30, 2009, 09:10 AM
    Quote Originally Posted by Bise11 View Post
    Where is their loss. By definition a security deposit is for damages not to increase their rental income.
    Quote Originally Posted by Bise11 View Post
    Per the security deposit agreement it stated the management company would keep the security deposit if eviction occur.

    They signed the lease agreement and it said upon eviction or breaking the lease they keep the security deposit then they do not need damages.

    They could have (or did they) include that they are liable for rent after they are moved out?
    If all they did was take security deposit I'd say your family member was better off in the long run.
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    #10

    Jun 30, 2009, 10:45 AM

    They took the full week's rent and the security deposit. They only occupied the property 2 days.
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    #11

    Jun 30, 2009, 10:47 AM
    There was no formal eviction, they were asked to leave.
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