Former Tenant Files Lawsuit Against South River Colony Landlord

Next Day Pets—a former tenant of South River Colony’s (SRC) Main Street business park—filed a lawsuit against its landlord to obtain a refund of $14,000 from a security deposit within a 30-day period outlined in their leasing agreement.

The company, an online business that connects dog breeders, dog shelters and dog lovers together, occupied space at the South River Colony for five years before leaving in October 2011 for a new office in Annapolis.

Next Day Pets Partner Brian Salta told Patch his business paid a $40,000 security deposit when they first occupied the space in 2006, and were scheduled to get a $14,000 refund when they moved out—barring any damages to the property. Salta said Next Day Pets never missed a payment during its 5-year occupancy, and claimed they left on “good terms” with SRC landlord John Bruno.

The tenant check-out document between SRC’s property management company, Mackenzie Management, and Next Day Pets shows that all aspects of the space were deemed “OK." Salta said this means the business was set to receive its full $14,000 security deposit return.

An email from Yulanda Lee at Mackenzie Management shows that Next Day Pets were scheduled to be refunded $14,557.69, and according to Salta, that money was due within 30 days after moving out of the rental space. However, 30 days came and went and Next Day Pets received no funds.

When Salta inquired about the money, he was given some disappointing news.

“We contacted them and they said ‘We currently don’t have the money,’ but that [Mackenzie Management] was going to meet with the landlord,” Salta said. “They told us we weren’t even at the top of the line for companies to get paid. That was in January.”

An email between Mackenzie Properties and Next Day Pets confirmed Salta’s claim. The email said, “Our accounting department has the [$14,000] bill in process, however, we are waiting for sufficient funds to be available to issue the check … We will send you a payment as soon as we can. We have been working on invoices that are older than yours and have to take them in chronological order.”

By failing to return the security deposit refund within 30 days, Salta said the landlord violated the agreement in their leasing contract. Representatives for Bruno from Mackenzie Management did not return Patch’s phone call for an interview.

“We contacted our attorney and he sent a letter saying they were in a breach of contract,” Salta said.

Since then, Next Day Pets has filed a lawsuit against Bruno for violating their leasing contract. In the weeks the followed, Salta said Bruno and Mackenzie Management have not responded to any communication.

“We filed the lawsuit to collect upon our security deposit which was due 30 days after we vacated the office space,” Salta said. “They are now eight months past due and refuse to respond to any communication.”

The lawsuit hearing is set to take place on Sept. 4 and will occur at the Glen Burnie District Court, according to the Maryland Judiciary Case Search database.

“Unfortuantely, our contract says we can’t recoup lawyer’s fees, so a portion of the $14,000 we are owed will be going towards our lawyer,” Salta said. “It should be a fairly close and shut case.”