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Texasยท Answer

What counts as normal wear and tear in Texas?

Short answer

Texas courts generally distinguish wear and tear (not deductible) from damage (deductible). Wear and tear includes: minor scuffs and nail holes, faded paint, worn carpet pile, loose grout, lightly worn appliance handles, and routine cleaning to a reasonable level. Damage includes: holes larger than a small nail, broken windows or fixtures, deep stains in carpet, smoke or pet odor requiring full cleaning, missing or destroyed appliances, and any modification not approved. The line is fuzzy in close cases. $100 plus 3x wrongfully withheld amount plus attorney fees under Tex. Prop. Code 92.109. Missing the deadline without written explanation creates a bad-faith presumption. Texas small-claims judges typically read close cases against the landlord.

Source: Tex. Prop. Code 92.103


Honest limits

This is an informational answer based on Tex. Prop. Code 92.103 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Texas-licensed attorney.

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