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Security DepositMay 27, 2026
Can a Texas Landlord Keep Your Deposit for Normal Wear and Tear? What the Law Says
Texas Property Code § 92.104 prohibits deductions for normal wear and tear. Here’s what counts, what doesn’t, and what the 3× penalty means for wrongful retention.
The short answer: no. Tex. Prop. Code § 92.104(a) explicitly states that a landlord may not retain any portion of the deposit for damages resulting from normal wear and tear. But the line between “normal wear” and “damage” is where most disputes happen.
What Counts as Normal Wear and Tear
Texas courts have generally recognized these as normal wear:
• Faded or slightly worn carpet from regular walking
• Small nail holes from hanging pictures
• Faded paint from sunlight exposure
• Minor scuff marks on walls
• Worn finishes on hardware (doorknobs, faucets)
• Slightly worn kitchen countertops from regular use
These are expected consequences of living in a space for the lease term.
What Counts as Damage
Deductions are permissible for damage beyond normal wear:
• Large holes in walls
• Stained or burned carpet from spills or cigarettes
• Broken windows, doors, or fixtures
• Pet damage (scratched floors, stained carpet, chewed trim)
• Unauthorized alterations
The key distinction: normal wear comes from ordinary living; damage comes from negligence, misuse, or abuse.
The Itemization Requirement
Under § 92.104(b), the landlord must provide a written description and itemized list of all deductions. A landlord who simply withholds the deposit without providing this itemization has violated the statute — regardless of whether the deductions were legitimate.
The Penalty for Getting It Wrong
If a landlord deducts for normal wear and tear, § 92.109(a) provides that the landlord is liable for $100 plus three times the portion wrongfully withheld, plus reasonable attorney’s fees. For a $500 carpet cleaning charge that was actually normal wear:
• $100 statutory penalty
• $1,500 (3× the wrongfully withheld $500)
• Attorney’s fees if you hire a lawyer
Total potential liability: $1,600+ for a $500 wrongful deduction.
What to Do
A demand letter that cites § 92.104 (prohibition on normal wear deductions) and § 92.109 (the 3× penalty) is the standard first step. Send it by certified mail, give them 30 days to respond, and file in Justice Court if they don’t.
Ready to take the next step?
Generate a demand letter or cancellation email sequence grounded in the statutes discussed in this article.
Generate your Texas demand letterThis article provides general information about consumer protection statutes. It does not constitute legal advice and does not evaluate specific claims. Statutes may be amended; verify current law with official sources. Consider consulting a licensed attorney for advice about your specific situation.