I’ve had disputes with my landlord in the past over “normal wear and tear.” But what exactly is the difference betweennormal wear and tearand actualdamageto a rental unit?

July and August are busy months for lease transitions, especially in Central Austin, where the student housing cycle around the University of Texas influences much of the rental market. Most residential leases include a clause stating that tenants are not responsible for damage that qualifies as “normal wear and tear.” Whether an issue falls into that category can make a big difference – because if it does, the tenant is more likely to get more of their security deposit returned. Security deposits are typically meant to cover any damages beyond normal use – so whether something counts as “normal wear and tear” or actual damage can mean hundreds of dollars of difference when the security deposit is returned. So, what does Texas law say about “normal wear and tear”?

Under Texas law, “normal wear and tear” means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to aging or the natural decline of materials. Itdoes notinclude damage caused by negligence, carelessness, accidents, or abuse of the property.

In practical terms, this means tenants aren’t responsible for things that naturally wear out over time – but they areresponsible for damage caused by preventable actions. For example, a tenant typically wouldn’t be responsible for blinds that have faded or cracked from sun exposure over time or minor scratches on a hardwood floor from regular foot traffic (these examples are typically normal wear and tear). However, that same tenant mightbe held responsible if the blinds are bent, missing, or forcibly removed. The tenant might also be responsible if there are deep gouges in the hardwood floors from dragging furniture without protection.

It is good practice to take photos when you move in and out of the rental unit. Photo documentation can be very helpful if a landlord-tenant dispute arises over the return of the security deposit.

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