Getting your security deposit back shouldn’t be a battle, but understanding normal wear and tear vs damage Texas law can save you hundreds of dollars. If you’re moving out of your Austin rental, you’ve probably wondered: “Can my landlord charge me for faded walls or worn carpet?” Texas Property Code §92.104 protects renters by clearly defining what landlords cannot deduct. This guide covers your Austin renter rights move out process and helps you avoid unfair charges.
What Texas Law Says About Normal Wear and Tear
The critical distinction often comes down to this question: Did this happen FROM living in the unit, or did this happen BECAUSE OF how you lived in the unit? Normal living causes the first; negligence causes the second.
Understanding your Austin renter rights move out process means knowing the key phrase in Texas tenant rights law: “with proper use.” If you’ve lived normally in your rental—walking on floors, opening doors, hanging artwork—that’s protected use.
Normal Wear and Tear vs Damage Texas: Real Examples
Carpets
Protected: Light matting in hallways, slight fading, furniture indentations that spring back
Chargeable: Pet urine penetrating padding, burn marks, large rips, ground-in stains from lack of cleaning
Walls and Paint
Protected: Sun-bleached paint (common in Texas), small nail holes, minor scuffs at doorknob height
Chargeable: Large anchor holes, crayon/marker drawings, excessive grease, unauthorized paint colors
Texas tip: Courts rule landlords cannot charge for full repaints if only touch-ups are needed.
Frequently Asked Questions
Can landlords charge for normal carpet wear in Texas?
No. Texas Property Code §92.104 prohibits charging for carpet worn from regular foot traffic. Only damage like stains or tears is chargeable.
How long does a landlord have to return my deposit?
Landlords must return deposits or provide an itemized deduction list within 30 days from move-out , provided you gave a forwarding address. Missing this deadline can result in penalties.
What if my landlord wrongfully withholds my deposit?
Under §92.109, you can sue for $100 plus three times the wrongfully withheld amount, plus attorney fees. File a claim in small claims court to recover wrongfully withheld deposits.
- Cost:$50-150 filing fee (varies by county)
- Timeline:Usually resolved within 30-60 days
- Evidence needed:Photos, lease, correspondence, receipts
- Representation:You can represent yourself—many tenants win
For detailed step-by-step instructions, visit the Texas State Law Library’s filing guide.
Are small nail holes considered damage?
No. Small nail holes (1/8 inch or less) from pictures are normal wear and tear under Texas law . Landlords cannot charge for these or for filling them as part of normal turnover maintenance.
Conclusion: Protect Your Rights
Understanding normal wear and tear vs damage Texas law empowers you to protect your security deposit. Property Code §92.104 clearly establishes that everyday living—faded paint, worn carpets, minor scuffs—is the landlord’s responsibility. Document thoroughly, know the 30-day timeline, and don’t hesitate to challenge improper deductions. Armed with knowledge of your Austin renter rights at move out, you’ll know exactly what landlords can and cannot charge for.
Before moving out, ensure your rental is spotless. A professionally cleaned house or apartment removes disputes between “dirty” and “damage.” Book your move out cleaning Austin service today to maximize your security deposit return and leave your landlord with zero cleaning complaints.