Tenant Damage vs Normal Wear: A Texas Landlord Guide
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Tenant Damage vs Normal Wear: A Texas Landlord Guide

Texas Property Code rules on tenant damage vs normal wear — and what you can legally charge against the deposit.

April 30, 2025 6 min readBy Blue Bird National

Texas Property Code Section 92.104 is clear: landlords cannot deduct normal wear and tear from a security deposit. The trick is knowing where the line is. Here are the most common Mansfield rental cases and how Texas case law treats them.

Normal Wear (Cannot Charge)

  • Faded paint after 2-3+ year tenancy
  • Minor scuff marks on baseboards
  • Carpet matting in high-traffic areas
  • Loose grout on shower walls
  • Worn caulk
  • Light marks on walls from furniture

Tenant Damage (Can Charge)

  • Holes larger than a nail
  • Pet stains on carpet
  • Burn marks
  • Broken blinds, screens, or fixtures
  • Unauthorized paint colors
  • Tile, mirror, or counter chips
  • Crayon, marker, or unauthorized wallpaper

Documentation That Holds Up

Move-in photos with timestamps. Move-out photos with same angles. Itemized invoice from a third-party contractor (not yourself). Texas requires itemized written deduction explanations within 30 days.

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Frequently Asked Questions

Can I charge full carpet replacement after a 4-year tenant?

Generally no. Carpet has a 5-7 year useful life. Pro-rate the remaining life.

What’s the Texas deposit return deadline?

30 days from tenant move-out, with itemized statement of any deductions.

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