Texas defines the line. Property Code §92.001(4) says normal wear and tear “means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant’s household, or by a guest or invitee of the tenant.” A landlord “may not retain any portion of a security deposit to cover normal wear and tear” (§92.104(b)). The practical test is cause and time: what would the surface look like after the same months of careful use?
Examples on each side of the line
| Item | Normal wear and tear | Damage (deductible) |
|---|---|---|
| Walls | Faded paint, small nail holes from hanging pictures, minor scuffs | Large holes, crayon, unapproved paint colours, water damage from an unreported leak |
| Carpet | Traffic wear in doorways, slight fading | Burns, pet stains, tears, odours requiring replacement |
| Appliances | Malfunction due to age (the statute names it) | Broken glass shelves, missing parts, grease fires |
| Locks and security devices | Wear from normal use — never chargeable (§92.162(a)) | Misuse or damage by tenant or guests, if the lease says so in an underlined clause (§92.162(b)) |
| Blinds and screens | Sun-yellowed slats, worn cords | Bent slats, torn screens, missing blinds |
| Floors | Light scratches, dulled finish | Deep gouges, pet scratches through the finish, cigarette burns |
Proving the difference
- A move-in record with dated photographs of every room and every appliance, signed by both parties.
- A move-out record taken the same way — same rooms, same angles — dated the day of surrender.
- Age of the item: a carpet at the end of its life is wear; the deduction, if any, is the remaining value, not the replacement price.
- Invoices or estimates for the repair, tied to the specific damage.
What the statute does to a wrong call
A deduction for wear is a deduction “in violation of this subchapter,” and if made in bad faith it triggers §92.109: $100, three times the amount wrongfully withheld and attorney’s fees. A landlord who cannot show the before-and-after should not deduct.
Frequently asked questions
How does Texas define normal wear and tear?
Deterioration from the intended use of the dwelling, including breakage or malfunction due to age, excluding deterioration caused by negligence, carelessness, accident or abuse by the tenant, household or guests (Property Code §92.001(4)).
Can a landlord deduct for repainting?
Not for ordinary fading and small nail holes; yes for damage beyond that, such as large holes or unapproved colours, with the cost tied to the damage (Property Code §92.104).
Can worn locks be charged to the tenant?
No — repair or replacement of a security device due to normal wear and tear may never be charged to the tenant (Property Code §92.162).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Security deposits ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.