What does Tex. Prop. Code § 92.104 - Landlord cannot charge for normal wear and tear mean for Texas tenants?
This section governs normal wear and tear and should be cited when disputing wrongful withholding under Texas law.
Tex. Prop. Code § 92.104 - Landlord cannot charge for normal wear and tear: Texas statute explainer
Plain-English explanation of normal wear and tear with actionable next steps.
Deadline context
30 days
Penalty context
$100 + 3x damages
How to use this statute in your case
- Document ordinary aging versus true damage with photos.
- Challenge deductions for paint, carpet wear, and routine turnover items.
- Apply depreciation where state law or courts require it.
Frequently asked questions
Quick answers to the questions renters usually have before citing this statute in a demand letter or court filing.
How long does a Texas landlord have to return the deposit?
30 days after tenant surrenders AND provides written forwarding address (30 days).
What penalties can apply if my landlord violates Tex. Prop. Code § 92.104 - Landlord cannot charge for normal wear and tear?
$100 + 3x amount wrongfully withheld + attorney fees.
Next steps
Turn this citation into an actionable demand and timeline.