What does Tex. Prop. Code § 92.104 address?
Landlord cannot charge for normal wear and tear. Open the current official text to check coverage, definitions, and exceptions for your situation.
Tex. Prop. Code § 92.104: Landlord cannot charge for normal wear and tear
Compare this Texas source with your dates, records, and the conditions that apply to your rental.
Reviewed: 2026-08-11
How sources are checked →Deadline context
30 days
Possible remedy
$100 + 3x wrongfully withheld for bad faith
What the cited source addresses
Landlord cannot charge for normal wear and tear.
Read the current official sectionHow to review this source with your facts
- Document ordinary aging versus true damage with photos.
- Challenge deductions for paint, carpet wear, and routine turnover items.
- Review age, prior condition, repairability, actual cost, and betterment when relevant under the controlling rule.
Frequently asked questions
Questions to compare with the current source before using the citation in a letter or filing.
How long does a Texas landlord have to return the deposit?
30 days after the tenant surrenders the premises; the landlord's duty to return is suspended until the tenant gives a written forwarding address (30 days).
Could a penalty or other remedy apply?
$100 plus 3x the portion wrongfully withheld and reasonable attorney fees upon a bad-faith finding. Check the source's required facts, conditions, notices, defenses, and remedy language before relying on it.
Next steps
Check the current source, calculate the relevant dates, and organize the records you may reference.