Cal. Civ. Code § 8-113
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
A covenant or promise by the tenant to leave, restore, surrender, or yield the leased premises in good repair does not bind the tenant to erect any similar building or pay for any building destroyed by fire or otherwise without negligence or fault on the tenant’s part.
Under Maryland Real Property § 8-113, a lease clause requiring a tenant to leave or restore the premises in 'good repair' does not automatically obligate the tenant to rebuild or pay for a structure that was destroyed by fire or another cause beyond the tenant's control. The rule draws a clear line: repair covenants cover ordinary upkeep, but they do not extend to reconstruction of a building lost through no fault of the tenant. This protection applies regardless of how broadly a lease's repair language is written.
Plain English — not legal advice.
Under Md. Code Ann., Real Prop. § 8-113, landlords should understand that standard 'good repair' or 'surrender in good condition' clauses in a lease cannot be used to hold a tenant financially responsible for rebuilding a structure destroyed by fire or similar casualty when the tenant was not at fault. Compliant lease drafting typically reflects this limitation rather than attempting to impose reconstruction liability through broad repair covenants. Operators who wish to address casualty loss scenarios generally do so through separate, clearly stated lease provisions and appropriate property insurance coverage.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-113 provides tenants with a statutory protection against being held liable for rebuilding or paying for a structure destroyed by fire or other casualty that occurred without the tenant's negligence or fault. Even if a lease contains broad language requiring the tenant to restore or surrender the premises in good repair, that language cannot be enforced to require reconstruction under these circumstances. Tenants who believe a landlord is attempting to impose such liability may find it useful to consult a tenant-rights organization or legal aid provider familiar with Maryland landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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