How Texas Property Code Defines Normal Wear and Tear

Under Texas law, normal wear and tear is the deterioration that happens from ordinary, everyday use of a rental — the kind of aging, fading, and minor breakdown that occurs no matter how careful a tenant is. Texas Property Code Section 92.001 defines it that way and specifically excludes anything caused by the tenant’s negligence, carelessness, accidents, or abuse. A landlord cannot keep any part of a security deposit to cover normal wear and tear in Texas, and getting the line right between wear and damage is what most deposit disputes come down to.1State of Texas. Texas Property Code Chapter 92 – Residential Tenancies

The Statutory Definition

Section 92.001 defines normal wear and tear as deterioration that results from the intended use of a dwelling, including breakage or malfunction from age or deteriorated condition. The definition then draws its exclusion: deterioration caused by the tenant’s negligence, carelessness, accidents, or abuse of the property, its equipment, or its contents does not count. That exclusion covers damage done by anyone in the tenant’s household and by guests.1State of Texas. Texas Property Code Chapter 92 – Residential Tenancies

Put simply: if something wore out or broke down through everyday living, the landlord absorbs the cost. If it broke down because someone mistreated it, the tenant pays.

Examples of Wear and Tear vs. Tenant Damage

The statute is broad, and the fights usually happen over specific items. HUD guidance used in federally assisted housing is the reference many Texas property managers and courts look to when sorting these disputes.

Conditions generally treated as normal wear and tear:

  • Walls with small nail or pin holes, hairline cracks, and fading or peeling paint
  • Carpet worn thin or faded from foot traffic, and hardwood that needs a fresh coat of varnish
  • Worn or scratched enamel in older tubs and sinks, loose grouting, rusty shower rods, and partially clogged pipes from aging plumbing
  • Doors that stick from humidity and window cracks from foundation settling
  • Dirty or faded lamp shades and window coverings

Conditions typically treated as tenant damage:

  • Large holes in drywall, crayon drawings, or unauthorized wallpaper
  • Carpet burns, stains, pet damage, or gouged hardwood
  • Chipped or broken enamel, cracked tiles, and toilets clogged by improper use
  • Doors ripped from hinges and window panes broken by impact
  • Missing fixtures, holes left by removed ceiling fans, and torn or missing window coverings

Some situations sit in a gray zone. A few small nail holes from hanging pictures are wear and tear; large screw holes or clusters that damage drywall are not. A landlord generally cannot charge for professional cleaning if the tenant left the unit in the condition it was at move-in, but if the tenant left behind furniture, heavy grime, or pet odors, reasonable cleaning costs can come out of the deposit.

Why the Age of the Item Matters

Even when a tenant caused real damage, the age of what got damaged limits what a landlord can fairly charge. Carpet that was already eight years old at move-in has almost no useful life left, and charging a tenant for brand-new replacement carpet in that situation is hard to defend. HUD publishes estimated useful life ranges that give both sides a reference:

  • Carpet: 6 to 10 years
  • Interior paint: 10 to 15 years
  • Refrigerator: 12 to 15 years
  • Range or oven: 15 to 25 years
  • Dishwasher: 10 to 15 years
  • Microwave: 10 years
  • Washer and dryer: 10 to 15 years
2HUD. CNA e-Tool Estimated Useful Life Table

If a tenant damaged an item near the end of its useful life, any deduction should reflect the remaining life, not full replacement cost.

What a Landlord Can Actually Deduct

Section 92.104 lets a landlord deduct damages and charges the tenant is legally liable for under the lease or because of a lease breach, and it explicitly prohibits keeping any portion of the deposit to cover normal wear and tear.3State of Texas. Texas Property Code 92.104 – Retention of Security Deposit; Accounting Valid deductions usually fall into a handful of categories: unpaid rent, cleaning beyond what a normal turnover requires, and repairs for damage the tenant caused. Routine between-tenant work such as touching up scuffed paint or swapping out an aging appliance is a cost of doing business.

If the landlord keeps any part of the deposit, Section 92.104(c) requires a written, itemized list of the deductions along with any remaining balance. Vague entries like “general repairs” or “cleaning fee” without specifics invite challenges. There is one narrow exception: the itemized list is not required if the tenant owes rent at move-out and the amount is undisputed.3State of Texas. Texas Property Code 92.104 – Retention of Security Deposit; Accounting

The 30-Day Deadline and the Forwarding-Address Trigger

A landlord must return the deposit on or before the 30th day after the tenant surrenders the premises.4State of Texas. Texas Property Code 92.103 – Obligation to Refund The clock runs from when the tenant actually moves out and gives up possession, not when the lease term ends on paper.

There is a catch tenants routinely miss. Under Section 92.107, the landlord is not obligated to return the deposit or send the itemized deductions until the tenant provides a written forwarding address. Skipping this step does not forfeit the deposit, but it does pause the deadline.5State of Texas. Texas Property Code 92.107 – Tenant’s Forwarding Address If you want the 30 days running, hand over that address in writing on or before the day you move out.

What Happens If a Landlord Keeps the Deposit Anyway

Section 92.109 makes bad-faith withholding expensive. A landlord who retains the deposit in bad faith owes the tenant three things: a flat $100, three times the amount wrongfully withheld, and the tenant’s reasonable attorney’s fees.1State of Texas. Texas Property Code Chapter 92 – Residential Tenancies

A landlord who fails in bad faith to provide the itemized list faces a separate consequence: forfeiture of the right to keep any part of the deposit at all, plus the tenant’s attorney’s fees. Even genuine damage claims can disappear if the paperwork is skipped.

The statute also builds in a presumption. A landlord who fails to return the deposit or provide the itemization within 30 days of the tenant surrendering possession is presumed to have acted in bad faith. That flips the burden. The landlord has to prove the retention was reasonable, rather than the tenant proving bad faith. Missing the 30-day window, even by a few days, puts a landlord on defense from the start.

Who Has to Prove What

Section 92.109(c) puts the burden on the landlord to show that keeping any portion of the deposit was reasonable. A tenant suing for a deposit really only has to establish three things: the tenancy existed, a deposit was paid, and it wasn’t fully returned. From there, every dollar the landlord kept has to be justified.

Documentation is what usually decides the case. In Pulley v. Milberger (2006), a Texas court of appeals upheld a $3,700 retention because the landlord had obtained professional repair estimates and sent a detailed deduction letter, evidence the court found sufficient to show the conditions went beyond normal wear and tear.6FindLaw. Pulley v. Milberger (2006) Landlords without that kind of paper trail generally lose. A general assertion that the unit “wasn’t in good shape” will not overcome the statutory presumption once the deadline has run.

Documenting the Condition of the Unit

Texas law does not require move-in or move-out inspections, but nothing else matters more if a dispute starts. Without documentation, a deposit fight becomes a credibility contest with no referee.

A signed condition report at the start of the lease creates a baseline. At move-out, that baseline is what the current condition gets compared against. Both sides should photograph and video every room, including inside cabinets, closets, and appliances, at move-in and again at move-out. Photos from a smartphone automatically embed date and location data, which is far harder to dispute than an undated printout. Emailing the images to yourself on the day of the inspection creates a simple, date-stamped record that preserves the metadata.

Suing in Justice Court

Tenants whose deposit is wrongfully withheld can file a small claims case in Texas justice court for disputes of $20,000 or less.7Texas Justice Court Training Center. Filing a Small Claims Case The process is designed to work without a lawyer, though one can help if the landlord shows up with documented deductions and professional estimates. A tenant who wins on a bad-faith claim recovers attorney’s fees on top of the $100 and triple damages, so hiring counsel may cost less than it seems.

Bring the lease, any move-in condition report, timestamped photos, the landlord’s deduction letter (or proof that no letter arrived), and any messages about the deposit. If the landlord missed the 30-day deadline, the bad-faith presumption is already working in your favor, and without a proper itemization the landlord has a hard hill to climb.