Can my landlord charge for repainting between tenants?

No. Routine repainting between tenants is a normal cost of doing business for a landlord. It is not a tenant-caused expense and is not a lawful deduction under § 92.104.

Can I be charged for nail holes from hanging pictures?

No. Small nail holes from hanging pictures, shelves, or artwork are explicitly protected as normal wear and tear under § 92.001(4). They are not damage.

What if the lease says no nail holes are allowed?

Texas law overrides lease terms on this point. Normal use of a rental unit includes hanging items on walls. A lease clause prohibiting nail holes does not make them a lawful deduction.

My landlord wants to charge for touch-up paint. Is that legal?

No. Touch-up paint between tenants is a landlord maintenance cost, not a tenant obligation. It falls under normal wear and tear.

What about large holes from shelving or TV mounts?

Large holes requiring drywall repair may be chargeable if they go beyond normal use. However, even legitimate damage must be depreciated based on the paint's remaining useful life.

What if no itemized list was provided within 30 days?

Under § 92.109, failure to provide an itemized written list within 30 days of move-out creates a presumption of bad faith. The landlord likely forfeited the right to withhold anything.

Texas Dispute Guide

Paint & Nail Hole Charge?You Likely Win.

Landlords routinely charge $200–$1,500 for "repainting" after move-out. Under Texas law, most paint charges are either normal wear and tear — or illegal overcharges due to depreciation rules landlords ignore.

Wear & Tear Guide

3–5 yrs

Paint useful life

3× amount

Bad faith penalty

30 days

Itemization deadline

Paint Depreciation Calculator

IRS 3–5 Year Standard

See the maximum your landlord can legally charge for paint.

Paint Quality

Amount Charged ($)

Years You Lived There

Paint useful life (standard)4 years

Depreciation after 3 years75%

Remaining value25%

Max legal charge$150.00

Potential overcharge$450.00

The Law

Texas Law on Paint Charges

Three statutes govern every paint dispute in Texas. Know them before you respond to your landlord.

§ 92.001(4)

Normal Wear and Tear

Defines normal wear as deterioration from intended use. Small nail holes, minor scuffs, and aged paint are explicitly protected — they are not damage.

§ 92.104

Lawful Deductions Only

Landlord may only deduct for damage beyond normal wear. Must provide an itemized written list within 30 days of move-out. No list = no lawful deduction.

§ 92.109

Bad Faith Penalty

If a landlord withholds in bad faith: $100 + 3× the wrongfully withheld amount + reasonable attorney's fees. The burden shifts to the landlord to prove good faith.

The Depreciation Rule: Even Legitimate Damage Has a Ceiling

Even if your landlord has a legitimate damage claim, they cannot charge full repaint cost. Paint depreciates under IRS standards: budget paint (3-year life), standard paint (4-year life), premium paint (5-year life). After 3–5 years, paint is fully depreciated — repainting is the landlord's business expense, not your debt.

Budget Paint

3 years

33%/yr depreciation

Standard Paint

4 years

25%/yr depreciation

Premium Paint

5 years

20%/yr depreciation

The Distinction

Normal Wear vs. Chargeable Damage

The line between normal wear and chargeable damage is where most disputes are won or lost.

NOT Chargeable — Normal Wear

Small nail holes from hanging pictures or shelves
Pin holes from thumbtacks
Minor scuffs from furniture placement
Faded paint from sunlight or age
Slight discoloration behind wall-mounted items
Tape residue from standard picture-hanging strips
General dulling of paint after 2+ years

Potentially Chargeable — But Must Be Depreciated

Large holes (fist-sized, anchor bolt damage requiring drywall repair)
Unauthorized paint colors (tenant painted walls without permission)
Crayon/marker/graffiti covering large areas
Wallpaper removal damage (if applied without permission)
Significant gouges or scrapes from negligence
Smoke/nicotine staining (heavy, yellowed walls)

Even chargeable damage must be depreciated. A 3-year-old paint job charged at full repaint cost is an overcharge.

Real Cases

Three Real-World Scenarios

Where does your situation fall? The facts determine the outcome.

Renter Wins Outright

Strong Case

Situation: 4-year tenant. Landlord charges $800 for full apartment repaint. Walls have minor scuffs and a dozen small nail holes. Paint is normal off-white, no unauthorized colors.

Verdict: Normal wear. Paint is 80%+ depreciated. Renter should recover the full $800 + potential 3× penalty.

Renter Likely Wins on Overcharge

Depreciation Defense

Situation: 2-year tenant with kids. Some crayon marks on one wall. Landlord charges $600 for full repaint of entire unit.

Verdict: Crayon on one wall may be chargeable, but full-unit repaint is excessive. At most, charge should cover one wall, depreciated at 40–50%. Likely overcharge of $400+.

Landlord Has a Point

Weaker Case

Situation: 1-year tenant. Painted bedroom walls dark purple without permission. Requires primer + 2 coats to restore. Landlord charges $400.

Verdict: Unauthorized color change is chargeable. 1-year depreciation is only 20–25%. $400 is likely within range.

FAQ

Paint Charge Questions

Content Integrity

DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.

Last reviewed: April 2026

Primary Statutes

§ 92.001(4)§ 92.104§ 92.109

Official Sources

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