Topics on this page
- Returning Rented Property
- Damaged Property
- "Ordinary Wear and Tear"
- Always Read the Lease!
- Destroyed Property
Returning Rented Property
A tenant must return rented property (such as an apartment or home) to the landlord in substantially the same condition as when the tenant moved in. In other words, on the last day of the lease, the rented property should more or less look the same as it did on the first day.
Damaged Property
If the rented property has been damaged – meaning that it is not in the same condition as it was on the first day of the lease – then the landlord may be able to keep all, or a portion of, the security deposit in order to fix the damage. But there is an important exception: tenants are not responsible for damage caused by “ordinary wear and tear.”
Read the law: Md. Code, Real Property § 8-203(f)(1)(i)
"Ordinary Wear and Tear"
Generally speaking, “ordinary wear and tear” includes small scratches, marks, or scuffs on walls or floors from moving furniture or just living in the property normally. Tenants are not responsible for repairing, or paying for, ordinary wear and tear. This means that a landlord cannot keep a portion of a security deposit to paint over a small scratch, that appeared over time, on a wall.
Read the law: Md. Code, Real Property § 8-203(f)(1)(i)
Always Read the Lease!
A lease might define the phrase “ordinary wear and tear” in a specific way, so it is important to know what the lease says. For example, a lease might require the tenant to repair or paint over any marks left on a wall. If that is the case, then the tenant should repair any such scratches before returning the premises to the landlord. A tenant’s failure to do so might result in the landlord withholding a portion of the security deposit, so he or she can hire someone to repair the wall.
Destroyed Property
Even if a lease says that the tenant must return the premises to the landlord “in good repair,” the tenant is not required to build a new building or pay for a building that is destroyed.
Exception: A tenant will be responsible for rebuilding or paying for a destroyed building if the tenant negligently caused the destruction of the rented property (such as a building the burns downs from a fire that was started by the tenant lighting fireworks inside the property).
Read the Law: Md. Code, Real Property § 8-113