Did you know your landlord cannot just keep whatever they want from your deposit? I did not know this for the first three years I rented in Austin. I thought the money they took out was final and there was nothing to say about it. Then I got a deposit letter that kept $990 out of my $1,380 and I actually looked up what Texas law says. Two of the three charges were things they were not supposed to keep. I got $780 back that I would have just handed them if I had stayed quiet. This is what I learned about what landlords can and cannot legally take.
Did you read the last letter you got from a landlord about your deposit? Like actually read it, not just look at the number at the bottom?
I ask because I did not read mine properly the first time either. I saw the amount coming back to me, felt disappointed, and almost just moved on. The only reason I did not is that the number bothered me enough that I started looking things up late one night, which is how I learned that Texas actually has specific rules about this and my landlord had crossed some of them.
What Texas Law Actually Says
Texas property code says a landlord can only keep money from your deposit for two things. First, unpaid rent. Second, damage to the apartment that goes beyond normal wear.
That second part, beyond normal wear, is where most disputes happen because normal wear is not defined with a clear list anywhere. It is a general legal idea that courts and landlords and tenants have been arguing about for years. But the basic principle is this: things that happen naturally from someone living in a space over time are normal wear. Things caused by a specific action or by neglect are damage.
The landlord also has to send you a written list of every deduction within 30 days of you moving out. If they miss that deadline and have no good reason for it, Texas law says they may lose the right to keep any of it. I cover the full basics of how deposits work in my security deposit post if you want the wider picture first.
The Line Between Normal Wear and Real Damage
This is the part that actually matters for your money so I want to go through it slowly.
Normal wear includes things like paint that has faded or has small scuffs from everyday living. Carpet that has flattened or thinned in high-traffic areas over time. Small nail holes from hanging pictures. Loose door handles from regular use. Minor scratches on hardwood floors from furniture sitting there for a year or two.
Damage is different. A large hole in the wall. Deep stains in the carpet from something spilled and left. Burns on the floor or countertop. Broken fixtures that were working when you moved in. A door that no longer closes because someone forced it. Mold that grew because a window was left open in heavy rain for weeks.
The tricky ones sit right in the middle. Carpet that smells like a pet is one landlords commonly try to charge for. Whether that counts as damage depends on how bad it is. Light pet smell that a professional cleaning removes is different from carpet padding soaked through with years of accidents. Similarly, walls that need repainting because of normal fading are different from walls covered in crayon marks or large stains.
Here is a rough guide to help you think through it:
| Thing landlord claims | Likely normal wear | Likely real damage |
|---|---|---|
| Small nail holes | Yes | No |
| Large holes in drywall | No | Yes |
| Faded paint after 2+ years | Yes | No |
| Paint covered in marks/stains | No | Yes |
| Carpet flattened by furniture | Yes | No |
| Carpet with deep stains or burns | No | Yes |
| Loose door handle | Yes | No |
| Broken door off hinge | No | Yes |
| Light scuff on hardwood | Yes | No |
| Deep gouges in hardwood | No | Yes |
What My Landlord Tried to Charge Me For
When I moved out of my East Sixth apartment at the end of 2025, my landlord sent a letter keeping $990 of my $1,380 deposit. Three charges: a $300 cleaning fee, $450 for carpet repair, and $240 for paint.
The carpet charge was the one I fought hardest. My move-in documentation showed a worn patch near the window that was already there the day I arrived. That wear existed before I ever moved in. A landlord cannot charge you for damage that predates your tenancy, even if they phrase it as repair costs. When I sent my dated photo showing the patch, they dropped that charge entirely.
The paint charge was the next one. $240 to repaint the whole apartment because of two small nail holes and some light scuffing near the light switches. Two nail holes are normal wear. Repainting between tenants because of normal aging is typically a landlord’s own cost, not something they can pass to you. They reduced this to $90, which I decided was not worth fighting further since it covered actual patching work on the nail holes.
The cleaning fee they cut from $300 to $120 once I pushed back and asked for specifics. The $120 covered the oven and inside of the fridge, which I honestly had not cleaned well enough. That one was fair.
So I went from $390 back to $1,170 back. If you want the full story of how I actually did this, the landlord kept deposit post walks through every email I sent and what happened after.
Things a Landlord Absolutely Cannot Deduct
Beyond the normal wear rules, there are specific things landlords try to charge for that have no legal basis in Texas.
They cannot charge you for replacing carpet or repainting walls simply because those things are old and needed replacing anyway, regardless of who lived there. If carpet has reached the end of its useful life, that is a building maintenance cost, not your problem.
They cannot charge a flat cleaning fee with no documentation of what was actually cleaned or why a professional clean was needed. Vague charges like “deep clean required” with no specifics are exactly the kind of thing you can push back on, and often successfully, since I did exactly that.
They cannot deduct for things that were already damaged or broken when you moved in, which is why your move-in photos matter so much. Pre-existing damage is not your responsibility.
They also cannot charge for normal maintenance items like replacing light bulbs, changing air filters, or fixing appliances that broke from regular age and use rather than tenant abuse.
What to Do When a Deduction Feels Wrong
First, slow down before you cash the check. Read the itemized letter carefully. If a charge is vague, ask in writing what it specifically covers. Keep the email.
Then pull your move-in photos and compare. Is the thing they are charging for visible in your move-in photos as already existing? If yes, that is your strongest argument and it is usually enough.
Write a calm, specific email addressing each charge you disagree with. Not angry. Just clear. Attach your photos. Ask for documentation of their costs if they are claiming repair or replacement. Send it and then wait, because responses often take two to three weeks.
The full process I went through, including what I wrote and what came back, is in the move-out inspection post which covers this from the landlord walkthrough side too.
FAQ
Can my landlord charge me for repainting the whole apartment when I move out?
Only if you caused damage beyond normal wear, like large stains on walls or significant marks that go past normal scuffing. Repainting because of regular aging and light use after a year or two is usually the landlord’s cost, not yours. Two small nail holes do not justify a full repaint charge, which is exactly what I argued successfully.
What counts as normal wear in Texas, is there an official list?
No official list exists, it is a general legal standard interpreted case by case. The rough test is whether time and regular living caused it, or whether a specific action or neglect caused it. Time and living equals normal wear. Action or neglect equals damage you might owe for.
How long does my landlord have to send the deposit back or explain what they kept?
30 days from your move-out date in Texas. They have to send either the money or an itemized written list of deductions within that window. If they miss it without a good reason, they may lose their right to keep any of it under Texas property code.
My landlord sent a vague charge with no details. Do I have to pay it?
No, and you should ask for specifics before accepting it. Ask in writing what the charge covers exactly and request documentation of the actual cost. A vague “cleaning fee” or “repair charge” with nothing backing it up is much harder for them to defend if you push back, as the $300 cleaning charge in my case proved.
What if my landlord just ignores my dispute email?
Follow up once after two weeks. If they keep ignoring you and the amount is significant, Texas allows you to file a claim in small claims court for up to three times the wrongfully withheld deposit amount plus attorney fees. That is a real consequence landlords generally want to avoid, which is why most disputes get resolved before reaching that point.
Does it matter if I did not document the apartment when I moved in?
It makes things harder but not impossible. Without move-in photos your dispute relies more on whether the landlord can actually prove the damage happened during your tenancy, which they also have to do. But having photos shifts the burden strongly in your favor, which is why I now document every single apartment I move into before I unpack anything.
