Texas law prohibits landlords from charging for normal wear and tear. This guide explains exactly what that means — with a searchable comparison table, depreciation calculator, and real-world scenarios.
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Texas Property Code
§ 92.001(4) — Definition
"Normal wear and tear means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but 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."
Protected: Deterioration from normal, intended use — fading, minor scuffs, worn surfaces.
Protected: Deterioration from age or diminished condition — even if visible.
Not protected: Negligence, carelessness, accident, or abuse by tenant or guests.
Texas Property Code
§ 92.104 — Absolute Prohibition
"The landlord may not retain any portion of a security deposit to cover normal wear and tear."
This prohibition is unambiguous. If something qualifies as normal wear and tear, the landlord is legally barred from charging for it — regardless of what the lease says.
For the full legal framework, see the Texas Security Deposit Law authority page →
Comparison Table
Search by item type to see exactly what landlords can and cannot charge for under Texas law.
Did your landlord charge for normal wear and tear?
The free audit identifies prohibited deductions and estimates your recovery.
Depreciation Calculator
Enter the item type, its age, and the landlord's claimed replacement cost. We'll calculate the maximum amount a landlord can legally charge under IRS depreciation standards.
Max Legal Charge: $480
Based on 60% remaining value. If the landlord charged more than this, the excess may be wrongfully withheld.
Based on IRS Publication 946 (MACRS) and Publication 527.
Common Scenarios
Six common dispute scenarios with plain-English verdicts, legal principles, and what to do if charged.
Charged for something that sounds like normal wear?
The free audit walks through your specific deductions and flags anything that violates Texas law.
Landlords cannot charge for normal wear and tear. Period. § 92.104 is unambiguous — it does not matter what the lease says.
Even for legitimate damage, landlords must depreciate the item's value. A 3-year-old carpet cannot be charged at full replacement cost.
Take timestamped photos before move-out. Document the condition of every item. This is your evidence if the landlord disputes your claim.
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DepositRights.com provides legal information, not legal advice. This page is for educational purposes only. For advice specific to your situation, consult a licensed Texas attorney. Depreciation standards are based on IRS Publication 946 and Publication 527 and are provided as general guidance only.
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