Quick Answer
You may deduct from a Texas security deposit for damages and charges the tenant is legally liable for under the lease or because of a breach, and you may not keep any part of the deposit to cover normal wear and tear (Tex. Prop. Code § 92.104(a), (b)). Normal wear and tear is deterioration that results from the intended use of a dwelling, and it does not include deterioration from negligence, carelessness, accident, or abuse (§ 92.001(4)). Small nail holes and faded paint fall on one side of that line, and large drywall holes and unapproved paint fall on the other. Statute text last checked October 2, 2026.
Key Takeaways
- Two statutory limits. You deduct for damages the tenant is liable for, not for normal wear and tear (§ 92.104(a), (b)).
- The definition does the sorting. Deterioration from intended use is wear and tear, and deterioration from negligence, carelessness, accident, or abuse is not (§ 92.001(4)).
- You carry the burden. In a tenant’s suit, you must show the retention was reasonable (§ 92.109(c)).
- Chapter 92 has no paint schedule. Price a deduction at the actual repair cost, and do not pass on the cost of an upgrade.
- Itemize in writing. Each charge needs a description and an amount, delivered within 30 days after surrender.
1. The Statutory Limits
Under § 92.104(a), you may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Under § 92.104(b), you may not retain any portion of a security deposit to cover normal wear and tear.
Section 92.001(4) defines normal wear and tear as deterioration that results from the intended use of a dwelling. The definition extends to breakage or malfunction due to age or deteriorated condition for the purposes of Subchapters B and D, which cover repairs and related duties, and it excludes deterioration from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, a household member, or a guest or invitee.
2. Sorting Wall Conditions
Normal wear and tear (your expense):
- Small nail holes from hanging pictures.
- Light scuffs on baseboards where furniture sat.
- Fading near windows and glass doors.
- Dulled or chalky paint after several years of occupancy.
Damage the tenant may owe for:
- Large drywall holes from heavy mounts or anchors.
- Holes from a door handle where a doorstop was missing, or from a kicked door.
- Dark paint, accent walls, or wallpaper added without your written permission.
- Heavy marker, grease, or adhesive damage that tears the drywall paper.
Your lease can add clarity, such as a rule that tenants ask before painting. It cannot turn normal wear and tear into a deductible charge.
3. Pricing a Paint Deduction
Chapter 92 does not give a schedule of paint lifespans. Section 92.109(c) puts the burden on you to prove that the retention was reasonable, so price each deduction at the documented cost of repairing the damage the tenant caused.
- A patch in an otherwise sound wall: charge the patch, texture, and paint needed for that area.
- A full repaint of old paint: the tenant did not cause the age of the paint, so the repaint is generally your expense. If the tenant damaged a wall, a prorated share is easier to defend than the whole invoice, because the new paint is worth more than the old paint was.
- Unapproved dark paint: charge the documented cost of primer and labor to return the wall to a neutral color.
4. Itemize and Deliver
If you keep any part of the deposit, you give the tenant a written description and itemized list of all deductions, with the refund of the balance, unless the tenant owes rent and there is no dispute about the amount (§ 92.104(c)). Each line should describe the work and the amount, such as “Drywall patch and texture, master bedroom: $175.”
Deliver the refund or the itemized list on or before the 30th day after the tenant surrenders (§ 92.103(a)). Your duty to send arises once the tenant gives you a written forwarding address (§ 92.107(a)). If you miss the 30 days, § 92.109(d) presumes bad faith. See the Texas deposit timeline guide.
Keep move-in and move-out photographs and the contractor’s invoice. They are your evidence if the tenant sues in justice court.
5. Summary
| Wall issue | Classification | Deduct? |
|---|---|---|
| Small picture-hanging holes | Normal wear and tear | No |
| Large mount or anchor holes | Damage | Yes, at the repair cost |
| Baseboard scuffs | Normal wear and tear | No |
| Hole from a door handle | Damage | Yes, at the repair cost |
| Unapproved dark paint | Damage and lease breach | Yes, primer and labor |
| Peeling paint from age | Normal wear and tear | No |
6. Questions Owners Ask
Can I charge a tenant for repainting the whole unit? Not for normal wear and tear. Charge for damage the tenant is liable for, at the cost of repairing it.
Do I need to itemize if the tenant left owing rent? Section 92.104(c) excuses the itemized list if the tenant owes rent at surrender and there is no dispute about the amount.
Does a lease clause let me charge a flat repainting fee? A flat fee for normal wear and tear conflicts with § 92.104(b). Ask your attorney before you use one.
What This Guide Does Not Cover
This guide covers painting and wall damage deductions from residential deposits under Tex. Prop. Code § 92.104. It describes the statutes as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Commercial lease deposits and restoration clauses.
- Foundation movement and exterior masonry.
- Lead-based paint rules under 42 U.S.C. § 4852d.
- Justice court procedure.