28                                       LAWS OF MARYLAND                                 Ch. 2

(III)    INTEREST SHALL BE PAYABLE ONLY ON SECURITY
DEPOSITS OF $50 OR MORE.

(IV)   IF THE LANDLORD SHALL, WITHOUT A REASONABLE
BASIS, FAIL TO RETURN ALL OR ANY PART OF THE SECURITY
DEPOSIT, PLUS ACCRUED INTEREST, WITHIN 45 DAYS AFTER THE
TERMINATION OF THE TENANCY, THE TENANT HAS AN ACTION
OF UP TO THREEFOLD OF THE AMOUNT SO WITHHELD, PLUS
REASONABLE ATTORNEY'S FEES.

(G)(I) THE SECURITY DEPOSIT, OR ANY PORTION THEREOF, MAY
BE WITHHELD FOR UNPAID RENT, DAMAGE DUE TO BREACH OF
LEASE OR FOR DAMAGE TO THE LEASED PREMISES BY THE
TENANT, HIS FAMILY, AGENTS, EMPLOYEES, OR SOCIAL GUESTS
IN EXCESS OF ORDINARY WEAR AND TEAR.

(II)   THE SECURITY DEPOSIT IS NOT LIQUIDATED DAMAGES
AND MAY NOT BE FORFEITED TO THE LANDLORD FOR BREACH OF
THE RENTAL AGREEMENT, EXCEPT IN THE AMOUNT THAT THE
LANDLORD IS ACTUALLY DAMAGED BY THE BREACH.

(III)   IN CALCULATING DAMAGES FOR LOST FUTURE RENTS
ANY AMOUNT OF RENTS RECEIVED BY THE LANDLORD FOR THE
PREMISES DURING THE REMAINDER IF ANY, OF THE TENANT'S
TERM, SHALL REDUCE THE DAMAGES BY A LIKE AMOUNT.

(H)(I) 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 30 DAYS
AFTER THE TERMINATION OF THE TENANCY, A WRITTEN LIST OF
THE DAMAGES CLAIMED UNDER §8-213(G)(I) TOGETHER WITH A
STATEMENT OF THE COST ACTUALLY INCURRED.

FAILURE BY THE LANDLORD TO COMPLY WITH THIS
REQUIREMENT SHALL FORFEIT THE RIGHT OF THE LANDLORD TO
WITHHOLD ANY PART OF THE SECURITY DEPOSIT FOR DAMAGES.

(I)

NO PROVISION HEREIN MAY BE WAIVED IN ANY LEASE,
WRITTEN OR ORAL.

(J)

THIS SECTION SHALL ONLY APPLY TO RESIDENTIAL LEASES OR
RENTALS.

SEC. 5. AND BE IT FURTHER ENACTED, That new Section 8-218 be and
it is hereby added to Article 21 of said Code (1972 Interim Supplement), "Real
Property," title "Landlord and Tenant," subtitle "Miscellaneous Rules," to to
follow immediately after Section 8-217 thereof and to read as follows:

8-218.

(A) A LANDLORD SHALL ASSURE HIS TENANT THAT   THE

TENANT MAY PEACEABLY AND QUIETLY ENTER UPON   THE

LEASED PREMISES AT THE BEGINNING OF THE TERM OF   ANY
LEASE.