How to Document Existing Damage at Move-In in Maryland

When you move into a new rental unit in Maryland, it’s important to protect yourself by thoroughly documenting any existing damage. This guide explains the key steps, forms, and legal protections to help you avoid disputes about your security deposit when your tenancy ends.

Why Should Maryland Renters Document Pre-Existing Damage?

Properly recording the condition of your rental property at move-in can prevent disagreements about damage that wasn’t your fault. Maryland law requires landlords to provide a written list of existing damages, and you, as a renter, have the right to add your own observations.^[1]

Maryland Move-In Inspection Requirements

According to the Maryland Code, Real Property § 8-203, landlords must provide a written checklist of any existing damage to your rental before or when you move in.

• Your landlord should give you a completed “Move-In/Move-Out Checklist.”
• You may contribute your observations to this checklist. Keep a signed copy for your records.
• If no checklist is provided, you can request one or create your own documentation.

Essential Steps to Document Property Condition

• Carefully walk through the entire property, checking for any damage or wear (such as stains, chips, cracks, or broken fixtures).
• Take clear, date-stamped photographs or video of each room, focusing on problem areas.
• List all found defects on the Move-In/Move-Out Checklist, and sign and date it. Give a copy to your landlord.
• Keep all move-in documentation and photos in a safe place until you move out.

Tip: If your landlord doesn’t provide a Move-In/Move-Out Checklist, you can create your own or use a template from the official Maryland Department of Housing website. Always ensure both you and the landlord sign any checklist used.

Key Forms & How to Use Them

• Maryland Move-In/Move-Out Checklist (no official form number):
  • When to use: At the start of your rental, during your move-in inspection.
  • How to use: Complete the checklist jointly with your landlord, carefully noting any damage, and ensure both parties sign it. Retain a copy for future reference.
  • Get the sample checklist and more renter guidance on the official Maryland Department of Housing and Community Development page on Security Deposits.

There is no single mandated government inspection form for Maryland, but the above checklist format is generally accepted statewide.

Your Rights if Disputes Arise

If your landlord tries to deduct money from your security deposit for damage that was already present, your signed checklist and photos can help prove your case. Security deposit disputes can be resolved by filing an action in a Maryland District Court, the state’s official tribunal for landlord-tenant matters. Learn more about your rights and the dispute process on the Maryland Courts Landlord-Tenant Self-Help page.

Summary of Protection Steps

• Request and complete a move-in checklist.
• Photograph every room and area, especially existing damage.
• Keep all documents, emails, and correspondences in a personal folder.
• If needed, use your documentation to defend against unfair security deposit claims.

FAQ: Maryland Move-In Condition Documentation

1. Do I have to use my landlord’s checklist?
   If your landlord provides a checklist, you should use it and add your own notes. If not, you may create your own move-in documentation, but make sure to share it with your landlord.
2. Are photos or videos legally useful?
   Yes. Date-stamped photos and video serve as strong evidence if there is a dispute about pre-existing damage when you move out.
3. What if my landlord refuses to sign my checklist?
   You can still complete the checklist, send a copy to your landlord (keep proof), and keep records. This demonstrates your diligence should an issue arise.
4. Can I file a dispute if the landlord makes unfair deductions?
   Yes, you can file an action in the Maryland District Court (official tribunal for landlord-tenant cases).
5. What legislation protects my rights regarding move-in documentation?
   Maryland Code, Real Property § 8-203 governs security deposit handling and related renter protections. Read the law here.

Conclusion: Key Takeaways for Maryland Renters

• Always document your rental’s condition at move-in using a checklist and photographs.
• Keep all inspection records throughout your tenancy to help prove your case if any disputes come up.
• Maryland renters are protected by state law: learn your rights and use official resources if needed.

Need Help? Resources for Renters in Maryland

• Maryland Department of Housing and Community Development – Security Deposits
• Maryland District Court Landlord-Tenant Self-Help Center
• Maryland People's Law Library – Housing
• Maryland Code, Real Property § 8-203

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1. [1] See Maryland Code, Real Property § 8-203 – Security Deposits
2. Maryland Department of Housing and Community Development: Security Deposit Guidance
3. Maryland District Court – Landlord-Tenant Tribunal and Self-Help Center

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