Can a Texas Landlord Charge You for Normal Wear and Tear?

You moved out of your apartment, cleaned the place top to bottom, and now your landlord is hitting you with a deduction list that includes "scuffed floors," "faded paint," and "worn carpet." You're staring at the numbers thinking — isn't that just what happens when someone lives somewhere?

You're right. Texas law explicitly prohibits landlords from keeping any portion of your security deposit to cover normal wear and tear.

What Does Texas Law Actually Say About Normal Wear and Tear?

The rule is straightforward. Under Texas Property Code § 92.104(b), "the landlord may not retain any portion of a security deposit to cover normal wear and tear." That's not a suggestion or a guideline — it's a statutory prohibition.

Section 92.104(a) does allow landlords to deduct from your deposit for "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease." But those deductions must be for actual damage you caused that goes beyond the natural deterioration of the property. And under § 92.104(c), if the landlord retains any portion of your deposit, they must provide you with "a written description and itemized list of all deductions."

The distinction matters because many landlords blur the line between damage and wear, hoping tenants won't push back.

What Counts as Normal Wear and Tear?

Texas law doesn't provide a detailed checklist, but the concept is well-established. Normal wear and tear refers to the gradual deterioration that occurs through ordinary, everyday use of a rental property by a reasonable tenant. Think of it as what would happen to any unit occupied by any tenant over the same period.

Common examples include faded or slightly discolored paint from sunlight, minor scuffs on hardwood floors from regular foot traffic, carpet wear in high-traffic areas like hallways and doorways, small nail holes from hanging pictures, loose door handles or hinges from regular use, and minor marks on walls from furniture placement.

These things are the cost of owning rental property. A landlord cannot charge you for the natural aging of their own investment.

What Counts as Actual Damage?

Actual damage goes beyond what's expected from normal living. It's the result of negligence, carelessness, or misuse — something a reasonable tenant would not have caused.

Examples of legitimate damage include large holes in walls or doors, pet stains or pet damage to carpets and flooring, broken windows or fixtures caused by the tenant, burns on countertops or carpets, unauthorized paint colors that require repainting, and significant stains from spills that weren't cleaned.

If your landlord is deducting for something that falls on the damage side, that may be a valid charge. But the burden is on them to prove it.

Your Landlord Must Itemize Every Deduction

Even if some deductions are legitimate, your landlord can't just keep your money and stay quiet about it. Under § 92.104(c), when a landlord retains all or part of your security deposit, they must give you the remaining balance along with a written description and itemized list of every deduction.

There's one narrow exception: the landlord doesn't have to provide the itemized list if you owe rent at the time you surrender possession and there's no dispute about how much rent is owed. Outside of that situation, the itemization is mandatory.

A vague statement like "cleaning and repairs — $800" doesn't cut it. You're entitled to know exactly what they claim you damaged and how much each item cost.

The 30-Day Deadline Still Applies

Your landlord doesn't get unlimited time to figure this out. Under § 92.103, the landlord must refund your security deposit on or before the 30th day after you surrender the premises. If they're making deductions, the itemized list and any remaining balance must arrive within that same window.

One important caveat from § 92.107: the landlord's obligation doesn't technically begin until you provide a written forwarding address. You don't forfeit your deposit if you forget, but providing your forwarding address in writing — by email or text — removes any excuse for delay.

What Happens If Your Landlord Violates These Rules?

The penalties are significant. Under Texas Property Code § 92.109(a), a landlord who retains a security deposit in bad faith is liable for $100 in statutory damages, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees.

And there's a powerful presumption built into the statute. Under § 92.109(d), a landlord who fails to either return the deposit or provide a written itemization within 30 days is presumed to have acted in bad faith. That flips the burden — the landlord has to prove their deductions were reasonable, not the other way around.

There's also a separate consequence for failing to itemize. Under § 92.109(b), a landlord who in bad faith doesn't provide the written description and itemized list forfeits the right to withhold any portion of the deposit or to bring suit against the tenant for damages to the premises — and is liable for the tenant's reasonable attorney's fees.

What Should You Do If Your Landlord Is Charging for Wear and Tear?

Start by reviewing the deduction list carefully. Compare each item against your move-in and move-out photos, your lease terms, and the wear-and-tear standard. If a deduction looks like it's covering the natural aging of the property rather than actual damage you caused, it's likely improper under § 92.104(b).

Next, send a written demand. A clear, professional letter that cites the specific Property Code sections puts your landlord on notice that you understand the law and you're prepared to enforce it. Include a deadline for response and reference the statutory penalties.

If the landlord doesn't respond or doubles down on bogus charges, you have strong options. Small claims court (called justice court in Texas) handles security deposit disputes up to $20,000, and the potential for treble damages plus attorney's fees under § 92.109 gives your claim serious teeth.

When a Professional Demand Letter Makes the Difference

Most landlords who improperly withhold deposits are counting on tenants not knowing the law or not wanting to deal with the hassle of fighting back. A well-crafted demand letter that walks through the statutory framework — normal wear and tear prohibition, itemization requirements, bad faith presumption, treble damages — often resolves the dispute without ever setting foot in a courtroom.

Our Security Deposit Recovery service includes a full review of your lease and deduction statement, a custom demand letter citing the applicable Texas Property Code sections, statutory penalty calculations, and clear next steps if your landlord doesn't respond. Click here to learn more about how it works →