Can My Landlord Deduct Damage Beyond Normal Wear from My Deposit in Texas?
Researched by the DepositHawk Research Team · Last updated: 2026-06-11 · Verified 2026-06-11
Yes — Damage Beyond Normal Wear is a permissible deduction in Texas when properly documented.
Under Tex. Prop. Code § 92.109, landlords in Texas may deduct for damage beyond normal wear if the charge is reasonable and supported by documentation. Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
Source: Tex. Prop. Code § 92.109. Verified 2026-06-11.
What Counts as Damage Beyond Normal Wear in Texas?
In Texas, damage beyond normal wear and tear may be a deductible charge against a security deposit when properly documented. Landlords here have 30 days from move-out to return it, under Tex. Prop. Code § 92.109, or they risk up to 3x the withheld amount plus $100 in additional penalties.
Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
Common examples in this category:
- Large holes in walls from improper mounting
- Broken windows, doors, or fixtures
- Burn marks on carpet or countertops
- Pet damage (claw marks, stains, odors)
- Deliberately removed fixtures or appliances
What Texas Law Says Under Tex. Prop. Code § 92.109
Landlords in Texas must return a tenant's full security deposit within 30 days of move-out, or send a written itemized statement of every deduction within that same window. Under Tex. Prop. Code § 92.109, a landlord who misses that deadline risks up to 3x the withheld amount plus $100 in additional penalties.
Texas Deposit Key Facts
- Statute
- Tex. Prop. Code § 92.109
- Return Deadline
- 30 days after move-out
- Penalty for Wrongful Withholding
- Up to 3x the withheld amount plus $100 additional penalty
- Itemized Statement Required
- Yes
What Your Texas Landlord CAN Deduct
In Texas, the statute lets landlords deduct unpaid rent and documented damage beyond normal wear when the charge is itemized. Every deduction must be itemized within 30 days under Tex. Prop. Code § 92.109 — otherwise the landlord risks up to 3x the withheld amount plus $100 in additional penalties.
Permissible deductions under Tex. Prop. Code § 92.109 when properly documented:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning if lease requires and unit was left dirty
- Lease-break fees if specified in lease
- Costs to replace items tenant removed or kept
What Your Texas Landlord CANNOT Deduct
In Texas, the law does not let a landlord deduct for normal wear and tear, such as faded paint or minor scuffs. Wrongly withholding it risks up to 3x the withheld amount plus $100 in additional penalties, since Tex. Prop. Code § 92.109 gives landlords here only 30 days to get the return right.
Impermissible deductions under Tex. Prop. Code § 92.109:
- Normal wear and tear (minor scuffs, small nail holes, faded paint)
- Carpet replacement after useful life (typically 7-10 years)
- Painting after 2+ year tenancy (normal wear)
- Pre-existing damage not noted at move-in
- Upgrades or improvements beyond restoring to original condition
- Costs to fix landlord deferred maintenance
- Repairs not documented with receipts
How Do I Dispute a Damage Beyond Normal Wear Deduction in Texas?
In Texas, a tenant can dispute a wrongful deduction with a written demand letter, then sue in small claims court for up to $20,000. Under Tex. Prop. Code § 92.109, the landlord had 30 days to act or owes up to 3x the withheld amount plus $100 in additional penalties.
If your landlord has deducted damage beyond normal wear from your deposit and you believe it is improper under Tex. Prop. Code § 92.109, here are your options:
- Send a demand letter — cite Tex. Prop. Code § 92.109 and the specific deduction you are disputing. A statute-cited demand letter puts your landlord on notice and often resolves disputes without court.
- Document everything — gather move-in and move-out photos, your lease, and any written communications with your landlord.
- File in small claims court — if your landlord ignores the demand letter, you can file in Texas small claims court. No lawyer is required. The filing fee is approximately $46.
Texas landlords who wrongfully withhold deposit funds face Up to 3x the withheld amount plus $100 additional penalty in penalties under Tex. Prop. Code § 92.109. The deadline to return your deposit is 30 days from move-out.
Frequently Asked Questions
Can my landlord deduct damage beyond normal wear from my deposit in Texas?
Yes — Damage Beyond Normal Wear is a permissible deduction in Texas when properly documented.
What does Tex. Prop. Code § 92.109 say about damage beyond normal wear deductions?
Under Tex. Prop. Code § 92.109, landlords in Texas may deduct for damage beyond normal wear if the charge is reasonable and supported by documentation. Physical damage to the rental unit that goes beyond normal wear and tear — such as broken fixtures, large holes, burn marks, or severe stains — is a permissible deduction if properly documented.
What happens if my Texas landlord wrongfully deducts damage beyond normal wear from my deposit?
Under Tex. Prop. Code § 92.109, if your landlord wrongfully withholds your deposit, you may be entitled to Up to 3x the withheld amount plus $100 additional penalty in penalties. Landlords must return the deposit within 30 days of move-out. If they miss that deadline or make improper deductions, you can send a demand letter and, if ignored, file in small claims court.
Texas Security Deposit Resources
Complete breakdown of Tex. Prop. Code § 92.109: return deadlines, penalties, all deduction rules.
Enter your move-out date to calculate exactly when your Texas landlord must return your deposit.
Dispute an improper damage beyond normal wear deduction with a demand letter that cites Tex. Prop. Code § 92.109 directly.
See what your state’s law says your landlord owes you, then generate a demand letter. Check my rights & generate my letter — $19
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. Information is based on Tex. Prop. Code § 92.109 as of 2026-06-11. Laws change — verify current statutes at your state legislature's website.