Move-out inspection and deposit deductions: normal wear and tear vs damage
Normal wear and tear is the deterioration that comes from living in a unit as intended, such as faded paint, light carpet wear or loose grout, and a landlord may not deduct it from a security deposit. Damage is harm beyond ordinary use, caused by negligence, carelessness, accident or abuse, such as holes in walls or pet-stained carpet, and may be deducted at a reasonable cost. Every state also sets a deadline and paperwork for the refund: 21 days in California, 30 in Texas, 14 in New York.
Where the line is
Texas writes the line into its statute. Normal wear and tear means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age, but not deterioration from negligence, carelessness, accident or abuse by the tenant, their household or guests (Texas Property Code 92.001). Section 92.104 then says the landlord may not keep any part of a deposit to cover normal wear and tear. New York says the same in its own words: no part of the deposit may be kept for costs relating to ordinary wear and tear of occupancy (NY General Obligations Law 7-108).
| Usually wear and tear | Usually damage |
|---|---|
| Faded or slightly scuffed paint after a normal stay | Large holes, crayon or marker on walls, unapproved paint colors |
| Carpet worn in walkways | Burns, rips, pet urine stains |
| A few small nail holes from hanging pictures | Dozens of anchor holes or a TV mount ripped out |
| Loose door handles, worn grout | Broken doors, cracked tile from a dropped object |
| An old appliance that stopped working with age | An appliance broken by misuse |
| Minor blind fading | Bent or missing blinds |
These are common examples, not rules. Length of stay matters: more wear is expected after six years than after one.
Run the move-out inspection
- Pull out the move-in condition report and move-in photos before you walk in.
- Walk every room in the same order as the move-in report and photograph the same views.
- Note each item as clean, wear and tear, or damage, with a short description.
- Get repair quotes or invoices for each damage item; do not guess.
- Keep the photos, report and invoices in one file with the lease.
New York requires the landlord, when either side gives notice to end the tenancy, to tell the tenant in writing that they may request an inspection before moving out, with at least 48 hours' written notice of its date and time, so the tenant can fix problems first (GOL 7-108).
Charge a fair amount, not the full replacement
When a tenant damages something that was already partly worn out, a common and defensible method is to charge only the remaining useful life, not the price of brand-new. Your state or local court may take a different view, so keep it reasonable and documented.
Example a made-up Texas tenant leaves after six years with a $1,200 deposit. Pet urine ruined the carpet, which cost $1,600 installed and was expected to last 8 years. Remaining life: 2 of 8 years, or 25 percent, so the charge is $1,600 x 25% = $400. A fist-size hole in the bedroom wall costs $150 to patch and paint. Faded paint elsewhere is wear and tear: $0. Total deductions: $400 + $150 = $550. Refund: $1,200 minus $550 = $650, with an itemized list, by the 30th day after move-out.
Deadlines and paperwork in four states
| State | Deadline after move-out | What you must send |
|---|---|---|
| California | 21 days | Refund or itemized statement of deductions; copies of invoices or receipts if deductions exceed $125 |
| Texas | 30 days after surrender | Balance plus a written description and itemized list of deductions |
| Florida | 15 days if no claim; 30 days to send notice of a claim | Notice of intent to impose a claim by certified mail or e-mail, in the statute's form; tenant has 15 days to object |
| New York | 14 days after vacating | Itemized statement and the balance; late means no deductions |
Sources: California courts' self-help guide to security deposits, citing Civil Code 1950.5; Texas Property Code 92.103 and 92.104; Florida Statutes 83.49; NY GOL 7-108.
Missing the deadline is expensive. In Texas, a landlord who fails to return the deposit or the itemized list by the 30th day is presumed to have acted in bad faith, and bad-faith retention can cost $100 plus three times the amount wrongfully withheld plus attorney's fees (Section 92.109). In New York, missing the 14 days forfeits the right to keep any part of the deposit. In Florida, missing the 30-day notice forfeits the right to claim against the deposit, though the landlord may still sue for damages. Rules elsewhere differ; check your state and ask an attorney if a deduction is disputed.
Deposits in DoorKeeping
In DoorKeeping, each property's books track the deposits it holds as money owed back to tenants, not income. When you keep part of a deposit for damage, that part becomes income and the rest is returned, and your AI app can draft the itemized list from your notes for you to check. Returning money waits for your one-tap approval. DoorKeeping does not give legal advice on what your state allows.
Sources
- Texas Property Code, Chapter 92 (Secs. 92.001, 92.103, 92.104, 92.109), read Oct 29, 2026
- New York General Obligations Law 7-108, read Oct 29, 2026
- Florida Statutes 83.49, Deposit money or advance rent, read Oct 29, 2026
- California Courts Self-Help Guide, Security deposits, read Oct 29, 2026
Questions
- Can a landlord charge for painting after a tenant moves out?
- Not for ordinary fading and scuffs, which are wear and tear. Repainting needed because of damage, such as large holes, marker or unapproved colors, can usually be charged at a reasonable cost.
- Is carpet replacement normal wear and tear?
- Carpet worn from walking is wear and tear. Burns, rips and pet stains are damage. A common fair approach is to charge only the carpet's remaining useful life.
- How long does a landlord have to return a deposit?
- It depends on the state: 21 days in California, 30 days in Texas, 14 days in New York, and 15 days in Florida when the landlord makes no claim. Check your own state law.