Security Deposits and Lease Addenda in Maryland Landlord-Tenant Law
This paper examines two distinct issues in Maryland landlord-tenant law. The first part analyzes whether a lease clause restricting a tenant's security deposit rights upon eviction is legally permissible, outlining the 45-day notice requirements, conditions for withholding deposits, and the tenant's limited right to sue after eviction. The second part evaluates whether a "pet rent" addendum to an existing lease can legally constitute rent, applying the holding in Lockett v. Blue Ocean to conclude that such additional charges fall outside the legal definition of rent and are therefore unenforceable as such.
- Introduction to Security Deposit Rights After Eviction: Overview of eviction and security deposit law
- Tenant Rights and Landlord Obligations Under the 45-Day Rule: 45-day notice rules for deposits and damages
- Permissibility of the Security Deposit Lease Clause: Conclusion on the proposed lease clause
- Lease Addenda and the Definition of Rent: How lease addenda work and define rent
- Pet Rent and the Ruling in Lockett v. Blue Ocean: Pet rent addendum found legally unenforceable as rent
✍️ How to write this paper — guide, tools & examples ▾
What makes this paper effective
- Applies specific statutory rules (the 45-day notice requirement) directly to a client scenario, demonstrating practical legal reasoning.
- Distinguishes between general tenant rights and the narrower rights available to evicted tenants, showing nuanced understanding of the law.
- Uses a named case (Lockett v. Blue Ocean) to anchor the legal argument about the definition of rent, grounding the analysis in actual precedent.
Key academic technique demonstrated
The paper employs rule application — a core technique in legal writing — by stating a legal rule, identifying the relevant facts, and applying the rule to reach a conclusion. This IRAC-adjacent structure (Issue, Rule, Application, Conclusion) is used in both parts, making the analysis methodical and professionally appropriate for legal advisory contexts.
Structure breakdown
The paper is divided into two self-contained analytical parts. Part 1 addresses security deposit rights and the permissibility of a proposed lease clause following eviction, walking through statutory obligations on both sides. Part 2 evaluates the legal enforceability of a pet rent addendum by referencing case law. Each part concludes with a clear legal determination, giving the paper a practical, advisory tone suited to a law or business law course.
Introduction to Security Deposit Rights After Eviction
One of the key issues that landlords and property managers face is whether to return a security deposit after evicting a tenant. It is important to note that a tenant who is evicted does not automatically forfeit the security deposit paid at the start of the lease agreement. The clause that the firm's client is considering inserting into a lease is allowable. Under general rules, a tenant has a right to receive back the security deposit paid at the start of the lease, with interest and less any damages rightfully withheld, within 45 days of leaving the property. This is significant because, under ordinary circumstances, a tenant is allowed to sue for up to three times the withheld amount in damages, plus attorney's fees. However, upon being evicted from the premises, this particular provision does not apply to the tenant.
Tenant Rights and Landlord Obligations Under the 45-Day Rule
In addition, there is a provision stating that if a landlord, without a reasonable basis, fails to return any portion of a security deposit together with accrued interest within the 45-day period after the termination of tenancy, the tenant has a right of action for up to three times the withheld amount plus reasonable attorney's fees. This provision is likewise not available to a tenant who has been evicted by the landlord.
However, an evicted tenant may still demand the return of a security deposit by providing written notice by mail to the landlord within 45 days of being evicted. Within that same period, the landlord is expected to present a record of the damages claimed, along with a statement of costs actually incurred, and thereafter return the security deposit to the tenant, less any damages rightfully withheld. If this itemized list is not sent, the landlord forfeits the right to withhold any portion of the security deposit for damages. Similarly, if the landlord fails to return the security deposit, the tenant has the right to sue for up to three times the amount withheld, in addition to reasonable attorney's fees. Information on security deposit law more broadly can be found through legal reference resources.
Permissibility of the Security Deposit Lease Clause
In conclusion, the clause is permissible, provided it includes the stipulation that the tenant will receive the security deposit back after deduction for damages, unpaid rent, fees, and attorney's fees.
Lease Addenda and the Definition of Rent
There are different ways that both landlords and tenants can make alterations to a lease agreement. Such an alteration is referred to as a lease addendum and requires that both parties reach an agreement on amending a particular part of the signed contract. This process grants the tenant some authority in the negotiation and approval of any change, since the amendment cannot take effect unless both parties agree and sign. Such an alteration takes place only when both parties mutually enter into that agreement.
References
Baurer, D. (2017). Maryland landlords seek clarity in light of recent rulings from the Court of Appeals. Ferguson, Schetelich, & Ballew Attorneys at Law. Retrieved from
Create your account
Always verify citation format against your institution’s current style guide requirements.