Tenant Move Out Cleanup >> How To Stop An Angry Tenant From Destroying Your P

The most common complaint received by the Montgomery County Office of Landlord-Tenant Affairs concerns deductions made by a landlord from a security deposit. This booklet provides landlords and tenants with guidelines and principles for fairly and accurately determining what constitutes ordinary wear How To Stop An Angry Tenant From Destroying Your P and tear versus damage to rental property.

The life expectancy and depreciated value of the most common householdfixtures, furnishings and appliances. The basic obligations and responsibilities for themaintenance and How To Stop An Angry Tenant From Destroying Your P care of the rental property by landlordsand tenants are contained in Chapter 29, LandlordTenant Relations, of the Montgomery County Code, 2001,as amended ("County Code"). 

The handling anddisposition of security deposits is controlled by § 8-203,"Security Deposits," and § 8-203.1, "Security DepositReceipt," of the Real Property Article, How To Stop An Angry Tenant From Destroying Your P Annotated Code ofMaryland, 1999, as amended ("State Code"). 

We hope that this booklet provides clarification and information that will reduce misunderstandings regarding what a tenant can How To Stop An Angry Tenant From Destroying Your P or cannot be held responsible for at the end of atenancy. What is a security deposit?

The State Code defines a securitydeposit as "… any payment of money,including payment of the last month's rent inadvance of the time it is due, given to a landlord by a tenant in order to protect the landlord against nonpayment of rent, damage due to breach of lease, or damage tothe leased premises, common areas, major appliances, and How To Stop An Angry Tenant From Destroying Your P furnishings," in excess of ordinary wear and tear. 

Pet cleaning deposits paid by the tenant to the landlordare part of the security deposit, How To Stop An Angry Tenant From Destroying Your P and may NOT be considered"non-refundable" under any circumstances. A common misconception is that the security deposit isa fund that landlords can access to restore the rental propertyto the same condition it was in at the beginning of the tenancy, or to make improvements to enhance the value of theproperty or to prepare it for sale. 

In reality, the landlord is notto profit from the collection of a security deposit. Rather, thesecurity deposit is to protect the landlord from financial loss atthe end of the tenancy due to non-payment of rent, How To Stop An Angry Tenant From Destroying Your P damage due to breach of lease, or damage to the rental property in excess of ordinary wear and tear. 

Ordinary wear and tear is deterioration that occurswithout negligence, carelessness or abuse of the premises,equipment, furnishings How To Stop An Angry Tenant From Destroying Your P or appliances by the tenant, a memberof the household or other persons on the premises with his/herconsent. It is important to remember that a security deposit is,at all times, the tenant's money, held in trust by the landlord. 

Who is responsible for what?Before A Tenant Moves In County Code requires a landlord to "deliver theleased premises and all common areas in a clean, habitable How To Stop An Angry Tenant From Destroying Your P and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws." In otherwords, the rental unit must be ready for the new tenant at the beginning of the tenancy and the landlord is to have completed all required maintenance, painting and cleaning. 

State Code provides that a new tenant has "the right to havethe dwelling unit inspected by the landlord in the tenant's presencefor the purpose of making a written list of damages that exist at thecommencement of the tenancy if the tenant so requests by certifiedmail within 15 days of the tenant's occupancy." 

Landlords and tenants are encouraged to use the sampleInspection Report located at the back of this booklet whenconducting inspections. Use of this checklist will facilitate comparisonof the condition of the rental property at the beginning and end oftenancy. During the Tenancy The basic obligations and responsibilities regarding maintenance and How To Stop An Angry Tenant From Destroying Your P upkeep of the rental property are contained in the County Code andprovide that:

Tenants must: Keep the part of the rental property that they occupy and use,clean, sanitary, and safe.-A tenant of a single-family rental property must cut any grass and weeds periodically and must not allow grass and weeds to grow more than 12 inches high; How To Stop An Angry Tenant From Destroying Your P Remove all rubbish, garbage, and other organic or flammablewaste in a clean and sanitary manner from the rental property. 

A tenant of a single-family rental property may be required to provide and maintain appropriate receptacles to remove ashes, How To Stop An Angry Tenant From Destroying Your P rubbish, and garbage; Keep all plumbing fixtures as clean and sanitary as their conditionpermits; Use and operate all electrical and plumbing fixtures; 

Not allow their guests to willfully or wantonly destroy, deface,damage, impair, or remove any part of the structure or rentalproperty or the facilities, equipment, or appurtenances; How To Stop An Angry Tenant From Destroying Your P and Comply with all covenants, rules, and requirements that arebrought to their attention, that they consent to in writing, and thatare reasonably necessary to preserve the property of the landlord,other tenants, or any other person.

Landlords must: Reasonably provide for the maintenance of the health, safety, andwelfare of all tenants and all individuals properly on the premisesof the rental property; How To Stop An Angry Tenant From Destroying Your P Comply with applicable provisions of federal, state, or county lawor regulation regarding the maintenance, construction, use, orappearance of the rental property and common areas; 

Keep all areas of the building, grounds, facilities, and appurtenances in a clean, sanitary, and safe condition; Make all repairs and arrangements necessary to keep the rentalproperty in as good a condition as it was, or should by law oragreement have been, How To Stop An Angry Tenant From Destroying Your P when the tenancy began.

A lease for a single-family rental property may require a tenant to pay up to $250 per year (a maximum of $50 for each maintenance occurrence) towards the actual costs to maintain the rental property. The tenant may not be held responsible for replacement of or How To Stop An Angry Tenant From Destroying Your P repairs to structural elements of the building, major appliances, or electrical.

Plumbing, heating, or air conditioning systems, unless the replacement or repair of these items is required because of the negligence or abuse of the tenant How To Stop An Angry Tenant From Destroying Your P or guests; Maintain all electrical, plumbing, and other facilities and conveniences supplied by them in good working order.

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