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ROBERT L. EHRLICH, JR., Governor Ch. 502
(vi) The tenant shall be advised of the tenant's rights under this
subsection in writing at the time of the tenant's payment of the security deposit.
(vii) Failure by the landlord to comply with this requirement forfeits
the right of the landlord to withhold any part of the security deposit for damages.
(2) 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.
(3) 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.
(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.
(h) (1) The provisions of subsections (e)(1) and (4) and (g)(1) and (2) of this
section are inapplicable to a tenant who has been evicted or ejected for breach of a
condition or covenant of a lease prior to the termination of the tenancy or who has
abandoned the premises prior to the termination of the tenancy.
(2) (i) A tenant specified in paragraph (1) of this subsection may
demand return of the security deposit by giving written notice by first-class mail to
the landlord within 45 days of being evicted or ejected or of abandoning the premises.
(ii) The notice shall specify the tenant's new address.
(iii) The landlord, within 45 days of receipt of such notice, shall
present, by first-class mail to the tenant, a written list of the damages claimed under
subsection (f)(1) of this section together with a statement of the costs actually
incurred and shall return to the tenant the security deposit together with simple
interest which has accrued in the amount of 3 percent per annum, less any damages
rightfully withheld.
(3) (i) If a landlord fails to send the list of damages required by
paragraph (2) of this subsection, the right to withhold any part of the security deposit
for damages is forfeited.
(ii) If a landlord fails to return the security deposit as required by
paragraph (2) of this subsection, the tenant has an action of up to threefold of the
withheld amount, plus reasonable attorney's fees.
(4) Except to the extent specified, this subsection may not be interpreted
to alter the landlord's duties under subsections (e) and (g) of this section.
(I) (1) UNDER THIS SUBSECTION, A LANDLORD:
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