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Maintenance

Normal wear and tear

Normal wear and tear is the gradual aging of a home from ordinary use, such as faded paint or worn carpet, which a landlord cannot charge a tenant for from the deposit.

Every home ages when people live in it. Paint fades, carpet flattens in hallways and small nail holes appear. That is normal wear and tear. Maryland lets a landlord withhold a security deposit for unpaid rent, damage from a breach of lease, or damage in excess of ordinary wear and tear. So ordinary aging is not chargeable.

Damage is different. A large hole in a wall, pet stains soaked into carpet, a broken window or missing blinds go beyond ordinary use. The line depends on the condition, the age of the item and how long the tenant lived there. A written move-in inspection with photos makes that line far easier to show.

If a landlord keeps part of the deposit, Maryland requires a written list of the damage claimed and an itemized statement of the cost. That list must go out within 45 days after the tenancy ends, or the right to withhold for damage is lost. See our guide on wear and tear versus tenant damage.

This page is general information, not legal advice. Laws change; check the linked official source or talk to a Maryland attorney.

Read nextWear and Tear or Tenant Damage? How to Tell at Move-Out

Related terms

Sources

  1. Maryland General Assembly: Real Property 8-203, Security deposits
  2. Maryland General Assembly: Real Property 8-203, Security deposits

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