Former Property Manager Won't Return Keys Until His Last Bill is Paid
My question involves criminal (or civil) law for the state of: Maryland.
I own a house in Maryland but live far away in another state (Military). I 'hired' a guy who responded to an ad for a property manager. Over the past 8 months have employed him with many hours of work fixing broken things in the house, meeting and serving tenants, etc. We had only a verbal contract for services. Recently he has gone to the dark side...hardly responding to correspondences, doing shoddy work, being late and no-showing appointments, etc. I decided to no longer be needing is sub standard services so I let him know that and asked him to drop off all my keys in a drop box to be picked up by his replacement. He has ignored my demand to return my property. He has possession of all my keys and I cannot gain access to my house, cannot show the house to new tenants, etc without the huge hassle and expense hiring a locksmith to change all the locks in my house ($600 quote).
Yesterday he finally contacted me after 4 days of delay and said he placed one key (of 5) in the drop box and that he wouldn't return the other 4 until I pay him a new set of charges amounting to $85 for some 'hours' he claims he did. I am happy to pay him this remainder but only after I get my property back. I don't feel he has any right to hold my keys (and thus my house) 'hostage' until I pay him for these hours. I wonder if I pay him, he will just disappear without return the remaining keys just to be a jerk for replacing him. It's my only leverage, and very small at that.
So my question here is, is this a criminal matter (possession of stolen property) or civil. What are my recourse options get my keys back without giving up my only leverage (and going against my conviction that he is in the wrong here). Is this THEFT and can I thus try and get the police to recover my keys, (I know where he lives) or is the relegated to small claims courts to recoup my losses for having to rekey the house and lost rent for that duration while unable to properly secure the home for a new tenant...or is this something else entirely that I haven't thought of.
Thank you in advance to those that actually know the law on this and take the time to comment! I greatly appreciate it!
Re: Former Property Manager Won't Return Keys Until His Last Bill is Paid
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Quoting
jasonblu
My question involves criminal (or civil) law for the state of: Maryland.
I own a house in Maryland but live far away in another state (Military). I 'hired' a guy who responded to an ad for a property manager. Over the past 8 months have employed him with many hours of work fixing broken things in the house, meeting and serving tenants, etc. We had only a verbal contract for services. Recently he has gone to the dark side...hardly responding to correspondences, doing shoddy work, being late and no-showing appointments, etc. I decided to no longer be needing is sub standard services so I let him know that and asked him to drop off all my keys in a drop box to be picked up by his replacement. He has ignored my demand to return my property. He has possession of all my keys and I cannot gain access to my house, cannot show the house to new tenants, etc without the huge hassle and expense hiring a locksmith to change all the locks in my house ($600 quote).
Yesterday he finally contacted me after 4 days of delay and said he placed one key (of 5) in the drop box and that he wouldn't return the other 4 until I pay him a new set of charges amounting to $85 for some 'hours' he claims he did. I am happy to pay him this remainder but only after I get my property back. I don't feel he has any right to hold my keys (and thus my house) 'hostage' until I pay him for these hours. I wonder if I pay him, he will just disappear without return the remaining keys just to be a jerk for replacing him. It's my only leverage, and very small at that.
So my question here is, is this a criminal matter (possession of stolen property) or civil. What are my recourse options get my keys back without giving up my only leverage (and going against my conviction that he is in the wrong here). Is this THEFT and can I thus try and get the police to recover my keys, (I know where he lives) or is the relegated to small claims courts to recoup my losses for having to rekey the house and lost rent for that duration while unable to properly secure the home for a new tenant...or is this something else entirely that I haven't thought of.
Thank you in advance to those that actually know the law on this and take the time to comment! I greatly appreciate it!
Lesson for the future, always keep a set of keys yourself. Never turn over all of them to a manager or tenant. Personally, in this instance I would change the locks, because I would be nervous that he had made another set, and I would not want him having access to the property.
Re: Former Property Manager Won't Return Keys Until His Last Bill is Paid
okay...assuming I do, part 2 of my question is would Maryland law consider this $600 rekeying expense damages? Meaning I could successfully recoup them in small claims?
As a separate question, can I include legal fees as part of my claim?
And last, can anyone here definitively comment on whether his possession of my keys constitutes Theft?
Thank you all.