[MD] Is a landlord required to repaint the walls when a new tenant asks because of cosmetic scuffs?

MD Landlord-Tenant

Andres Sanchez

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It sounds like you're in a bit of a tricky situation, but let's break down your options:

Clarify Tenant Rights and Responsibilities.
- You can inform the tenants that the landlord is responsible for maintaining the property in a habitable condition, which typically doesn't include cosmetic repairs like repainting unless it affects habitability. Maryland's rent escrow law focuses on serious and dangerous defects that threaten the life, health, or safety of occupants, rather than cosmetic wear. (MD Real Property Code § 8-211)
- Explain that any repairs needed for habitability should be reported within a reasonable time frame after moving in, usually specified in the lease. Under (MD Real Property Code § 8-203.1), a tenant who paid a security deposit may request by certified mail, within 15 days of occupancy, an inspection with the landlord to make a written list of damages that exist at the start of the tenancy.
Request for Keys and Walkthrough
- While the landlord can request the keys back for another walkthrough, it might not be the best approach as it could create tension. Instead, you could suggest a joint walkthrough on 5/31 to address any concerns together.
Provide Alternative Solutions
- Offer to address any specific issues that affect habitability or safety, rather than cosmetic ones.
- If the tenants are insistent on repainting, you could negotiate a compromise, such as allowing them to repaint themselves with approval of the color and quality of paint.
Educate Tenants on Their Rights
- Since they might be inexperienced renters, providing them with a brief overview of their rights and responsibilities could help. This might include information on what constitutes necessary repairs and how to document any issues they find.
Document Everything
- Ensure that all communications and agreements are documented in writing to avoid any misunderstandings in the future.

Please let me know if you have further questions.

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Landlord tenant question in MD. The tenant was given the keys early and did the walk through. I informed them to ask them to take note of any repairs that may be needed if discovered and document. And they are asking the landlord to repaint the entire place and she has already given the deposit back to previous tenant. I have a video of walk through of the property prior to them getting the keys and did not notice any marks on the wall. What is the possible response to the tenants.

Lexi, Chatbot

I understand how challenging this situation can be for you. Can you tell me if there was a written agreement regarding the condition of the property before the tenant moved in?

The landlord doesn't want to repaint. The landlord wants me to tell them I have a walk through video of the property and did not notice anything was justified repainting the entire place. No written agreement. We just gave keys early.

Lexi, Chatbot

Have the tenants provided any documentation or evidence of the repairs they are requesting, such as photos or written requests?

Hi! Yes, the walk through went well. Thank you for allowing us the keys early. We are excited to move in to our new home! We even met one of our new neighbors, who is so kind and welcoming! Thanks for sending the account number for the water bill- I will call today to set that up. I had a different number saved as your contact- [phone number redacted]. Is this your cell? Let me know which number you prefer! My partner and I still need to go through the house and thoroughly check anything that needs fixing. I will send this to you with photos within the 7 day period.

One request we do have, could you please have the walls repainted? We noticed lots of scuff marks and dingy places on the walls requiring a fresh coat of paint. Thank you again and we look forward to meeting you in person! We are still in the process of moving out of our current home, so you may want to give me a heads up when you come by so I can plan to be there. Thank you!

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your repaint request.

I have a video walk through and no scuffles that deemed needing any repairs.

Andres Sanchez

Hey there! Welcome to our service. I'm Andres Sanchez, an attorney with many years of experience helping with landlord-tenant issues. I understand you're dealing with a situation where the tenant is requesting a repaint of the entire place, but you have a video walkthrough showing no marks justifying such repairs. Have you considered any legal steps to address this situation?

No. The lease starts 6/1st. We gave them the keys early. I, leasing agent, did the walk through with them. I noted a few items. I told them to do walk through check doors and bathrooms kitchen appliances and document anything that they wanted noted so they wouldn't be held responsible for it when they move out.

Andres Sanchez

Got it, thanks for sharing that. Was there any formal documentation or agreement signed during the walkthrough regarding the condition of the property?

No.

Andres Sanchez

Thanks for clarifying. Have the tenants provided any written communication or evidence, like photos, to support their request for repainting the walls?

I had a video of the property that I sent to the owners and getting approved to do the walk through. There were no documentation to support it. Just a text.

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in Maryland that could potentially support your case:

In Maryland, the condition of a rental property at the time of move-in is typically governed by the lease agreement and any documented walkthroughs. Since there was no written agreement or documentation specifying the condition of the property, the video walkthrough you conducted could serve as evidence of the property's condition at the time the keys were handed over.

Maryland law requires landlords to maintain rental properties in a habitable condition, but this does not necessarily include cosmetic repairs like repainting unless it affects the habitability of the property. The tenant's request for repainting would generally need to be supported by evidence that the current condition of the walls affects their ability to live comfortably in the property.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

The landlord wanted me to get the keys back and request for a walk through on 5/31. I don't think that would be the right approach. I feel like they are not experienced renters and don't know their rights or what they could ask for. I need to clarify with a response and what would the next steps be. Can the landlord ask them for the keys back and do another walk through on 5/31st, or can I just tell them that landlord is only required to do xyz and it doesn't affect habitability. And landlord is responsible for repairs that are identified in xx period of time after they move in. What other option can landlord give them or tenant have?

Andres Sanchez

It sounds like you're in a bit of a tricky situation, but let's break down your options:

Clarify Tenant Rights and Responsibilities.
- You can inform the tenants that the landlord is responsible for maintaining the property in a habitable condition, which typically doesn't include cosmetic repairs like repainting unless it affects habitability. Maryland's rent escrow law focuses on serious and dangerous defects that threaten the life, health, or safety of occupants, rather than cosmetic wear. (MD Real Property Code § 8-211)
- Explain that any repairs needed for habitability should be reported within a reasonable time frame after moving in, usually specified in the lease. Under (MD Real Property Code § 8-203.1), a tenant who paid a security deposit may request by certified mail, within 15 days of occupancy, an inspection with the landlord to make a written list of damages that exist at the start of the tenancy.
Request for Keys and Walkthrough
- While the landlord can request the keys back for another walkthrough, it might not be the best approach as it could create tension. Instead, you could suggest a joint walkthrough on 5/31 to address any concerns together.
Provide Alternative Solutions
- Offer to address any specific issues that affect habitability or safety, rather than cosmetic ones.
- If the tenants are insistent on repainting, you could negotiate a compromise, such as allowing them to repaint themselves with approval of the color and quality of paint.
Educate Tenants on Their Rights
- Since they might be inexperienced renters, providing them with a brief overview of their rights and responsibilities could help. This might include information on what constitutes necessary repairs and how to document any issues they find.
Document Everything
- Ensure that all communications and agreements are documented in writing to avoid any misunderstandings in the future.

Please let me know if you have further questions.

Hi! So glad the walkthrough went well and that you're already feeling welcome in the neighborhood! Just so you have full context, the previous tenant repainted the walls and had the home professionally cleaned before returning the keys. I also completed a video walkthrough of the property prior to giving you early access, and the walls were in good condition with nothing noted that would warrant repainting. You absolutely have the 3-7 days from your June 1st lease start to document and send over any items with photos, please do! Just keep in mind that cosmetic items like paint scuffs are not considered a habitability issue under Maryland law, so repainting would fall outside of what the landlord is required to address. To make sure we protect everyone and avoid any disputes at move-out, let's schedule a joint walkthrough so I can document everything with you in person before you're fully settled in. I'll be in touch shortly to find a time that works!

Am I correct the 3-7 days from June 1st their lease starting date?

Andres Sanchez

Sorry can you clarify your question?

3 to 7 days? or how many days after they move in are they given for them to document anything or ask for repairs?

Andres Sanchez

Typically, tenants are given a period of 3 to 7 days after moving in to document any issues and request necessary repairs. However, it's always best to check the specific terms outlined in the lease agreement, as this can vary. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

Andres Sanchez

25,021 satisfied customers

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