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

What is the difference between wear and tear and tenant damage?

Wear and tear is the slow aging a home gets from being lived in. Damage is harm the tenant caused. After a tenant moves out of your Southern Maryland rental, you need to sort every item into one of those two groups. The line can be hard to draw and subjective at times. If you charge something that should not have been charged, you can face problems. A southern Maryland property manager can help, and the steps below show how to start.

Maryland’s People’s Law Library defines the term: “‘Ordinary wear and tear’ refers generally to deterioration that occurs as the result of normal use of the rented property.” Its examples are small scratches, marks or scuffs on walls, and marks on floors caused by furniture. See the normal wear and tear glossary entry.

What counts as tenant damage?

Real Property Management Gold defines damage as “things that the tenant caused from negligence or malice.” The tenant was not paying attention and something happened, or the tenant destroyed something. Common examples from the firm’s guide:

• Broken windows and broken doors.
• Holes in walls.
• Cuts on counters from not using a cutting board.
• Cigarette burns.
• Excessive ivy growing up the property.
• Unmaintained landscaping.

Unreported problems are a special case. A tenant may see a leak and never call it in. A tenant may overflow a toilet, or pour grease down a drain until it clogs. The firm says it charges tenants for this type of damage. The 24 hour maintenance hotline for tenants is 301-255-6445, and a quick report is the best way to prevent a small problem from growing.

What counts as normal wear and tear?

Every house has it. The firm lists these as normal:

• Carpet that has aged. A five-year-old carpet will need replacement.
• Wall marks from hanging items. When the tenant used anchors, the tenant should repair and replace the holes.
• Settlement cracks and other foundation issues.
• Loose cabinets and hinges.

Use this table as a quick guide at move-out.

The table mixes the firm’s examples with common ones. Treat it as a starting point, because each home and each lease is different.

How do I prorate a charge?

Prorating means you charge only for the part of an item’s life the tenant used up. The firm gives the example of carpet. If your carpet is five years old, it needs replacement anyway, and you “cannot charge the tenants for the full amount.” If a tenant damages it, “you have to prorate the cost based on how long they have lived there.” The firm applies the same approach to walls.

The People’s Law Library adds a related rule on lost rent. If you keep money for a breach of the lease, you can claim only the actual amount lost.

What does Maryland require when I keep part of a deposit?

You need a record and a deadline. According to the People’s Law Library:

1. A landlord can keep money for unpaid rent, or for damage beyond ordinary wear and tear.
2. The landlord must send a written list of the damages claimed, with the actual costs, by first-class mail to the tenant’s last known address.
3. The mailing must go out within 45 days after the tenancy ends. A landlord who fails to do so “loses the right to keep any part of the security deposit for damages.”
4. If you give an estimate, you must tell the tenant in writing when repairs are done and share final invoices. Any excess goes back within 30 days after repairs are complete.

A tenant who disagrees can sue within two years after the tenancy ends. A landlord who withholds money without a reasonable basis may owe up to three times the withheld amount plus attorney’s fees. Our security deposit guide covers the cap, the receipt and the interest rules.

How should I document the home?

Documentation wins disputes. Take dated photos at move-in and at move-out, and write a condition list for each room. Keep invoices and receipts for every repair. If you hold a security deposit, the same records support your claim. A move-out inspection with the tenant present, when the tenant asks for it, avoids surprises. Our rent ready guide includes a checklist, and the move-in inspection entry explains the starting record.

Real Property Management Gold also performs periodic maintenance inspections for $199. The Silver plan includes a mid-year inspection, and Gold and Platinum clients are on a quarterly schedule. A series of inspections gives you a dated trail of the home’s condition.

When is a borderline item worth charging?

Often it is not. The firm’s advice is that, under Maryland law, you need to give your tenants the benefit of the doubt, and that courts come down hard if you charge for something you cannot prove was damage. If you see an item that is borderline, it is probably not worth charging. Save your energy for clear damage you can document.

Pets raise the stakes. Our pet screening page explains how pet damage is handled and how Maryland treats pet deposits. For the larger legal picture, see Maryland landlord-tenant law.

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

Next step

If you want help sorting damage from wear at your next move-out, request a free assessment at /contact-us or call (301) 392-2172.