Silver Spring, MD asked in Landlord - Tenant for Maryland

Q: Can the landlord charge the full amount of carpet replacement if we lived there for 15 months?

When we first moved in, the carpet was old but acceptable. During this 15 months, normal stains were presented when we returned the property. The realtor replaced the whole carpet and deducted the full amount from our deposit arguing that we stained the “fine” carpet. I can guarantee that the carpet was not severely damaged.

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1 Lawyer Answer
Leonard A Englander
Leonard A Englander
  • Landlord Tenant Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: This type of situation is governed by Maryland real property article 8-203.

It specifies that the landlord can withhold the security deposit for damages that are above ordinary wear and tear.

You certainly could make the argument that you did not cause those damages, that the damages count as ordinary wear and tear and that the landlord is attempting to use your security deposit to refurbish the property. A judge would then have to decide whether the damages are ordinary wear and tear or your fault.

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