Normal wear and tear
Deterioration from ordinary, intended use of a rental. Landlords may not deduct it from your deposit.
Normal wear and tear is the decline that happens simply because people live in a home. It is different from damage caused by negligence, carelessness, accident or abuse. Texas spells out this line in its definition.
Several states expressly bar landlords from keeping any part of the deposit for normal wear and tear.
Statutory definition
"Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant.
Tex. Prop. Code §92.001(4)
Normal wear and tear by state
| State | Rule | Statute |
|---|---|---|
| Texas | No part of the deposit may be kept for normal wear and tear | §92.104(b) |
| New York | No deduction for ordinary wear and tear or damage by a prior tenant | GOL §7-108(1-a)(b) |
| North Carolina | No deduction for normal wear and tear or beyond actual damages | §42-52 |
| Washington | No portion may be withheld for wear resulting from ordinary use of the premises | RCW 59.18.280(1)(c) |
Common questions
Q. Is a worn carpet normal wear and tear?
A. Often, yes. In Washington, no portion of the deposit may be withheld for carpet cleaning unless the landlord documents wear beyond wear resulting from ordinary use (RCW 59.18.280(1)(c)). In Texas the test is whether the deterioration came from intended use rather than negligence, carelessness, accident or abuse (§92.001(4)).
Definitions and rules come from each state’s official statute text. This is general information, not legal advice. All terms