Normal Wear and Tear vs. Damage: What a Deposit Can Cover

A landlord cannot keep a deposit for normal wear and tear in New York, California or Texas. How the law draws the line, the deadlines and the proof required.

By Seayora Editorial Team · Published · Facts checked · 3 min read

Short answer: Normal wear and tear is the deterioration that comes from ordinary use of a home over time, and a landlord may not deduct it from a security deposit in New York, California or Texas. Damage caused by negligence, carelessness, accident or abuse can be deducted. Texas defines the term in statute; New York and California bar deductions for ordinary wear and tear. The deadlines to return the deposit with an itemized list are 14 days in New York, 21 days in California and 30 days in Texas, and California now requires photographs.

Key takeaways

  • Wear and tear: faded paint, worn carpet in walkways, loose grout, minor scuffs. Damage: holes, burns, broken fixtures, pet stains.
  • Itemized statement deadlines: 14 days in New York, 21 in California, 30 in Texas.
  • California requires move-in photos for tenancies starting on or after July 1, 2025, and move-out photos since April 1, 2025.
  • In New York the landlord bears the burden of proving the deduction was reasonable.

What is normal wear and tear?

Texas gives the clearest statutory definition: deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but not deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a household member or a guest (Tex. Prop. Code ch. 92). New York and California use “ordinary wear and tear” in the same sense and bar deductions for it.

Typical examples. Whether a condition is wear or damage depends on its cause and on how long the tenant lived there.
Usually normal wear and tearUsually damage
Paint faded or lightly scuffed after years of useLarge holes, unapproved paint colors or graffiti
Carpet worn thin along walkwaysBurns, rips or pet urine stains in carpet
An appliance that fails from ageAn appliance broken by misuse
Small nail holes from hanging picturesBroken doors, windows or blinds
Loose door handles or worn groutWater damage from an overflow the tenant caused

What are the deadlines in New York, California and Texas?

Deposit return rules in three states.
StateDeadlinePenalty for bad faith or willful violation
New York14 days after the tenant vacates, with an itemized statement, or the landlord forfeits the right to keep any of itPunitive damages up to twice the deposit
California21 calendar days after the tenant vacates, with an itemized statementStatutory damages up to twice the deposit, plus actual damages
Texas30 days after the tenant surrenders the premises; itemized list of deductions$100, three times the amount wrongfully withheld and attorney’s fees

Sources: N.Y. Gen. Oblig. Law § 7-108; Cal. Civ. Code § 1950.5; Tex. Prop. Code §§ 92.103–92.109. In Texas, a landlord who misses the 30-day deadline is presumed to have acted in bad faith, and the refund duty depends on the tenant giving a forwarding address. In New York, the landlord bears the burden of proving the amount kept was reasonable.

What proof does California require?

For tenancies that begin on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy. Since April 1, 2025, the landlord must photograph the unit after the tenant returns possession but before repairs or cleaning that will be deducted, and again after they are done, and must send the photos with the itemized statement. Receipts or invoices are required for repairs and cleaning, unless those deductions together are $125 or less. A landlord also may not charge for professional carpet cleaning unless it is reasonably necessary to return the unit to its move-in condition, less ordinary wear and tear.

How do you avoid a deposit dispute?

  • Document the unit at move-in, room by room, with dated photos both sides keep; see move-in condition report laws.
  • In New York, offer the pre-move-out inspection the statute requires, so the tenant can fix problems before leaving.
  • Itemize each deduction with what was wrong, what it cost and how you arrived at the number.
  • Prorate replacements by age: charging a full new carpet for one that was already near the end of its life invites a challenge.

Frequently asked questions

Can a landlord charge for painting after I move out?

Not for ordinary fading and scuffs from normal living, which is wear and tear. Repainting needed because of damage, such as large holes or unapproved colors, can be deducted.

Is carpet cleaning normal wear and tear?

Worn carpet from ordinary use is wear and tear. In California, a landlord may charge for professional carpet cleaning only if it is reasonably necessary to return the unit to its move-in condition, less ordinary wear and tear.

How long does a landlord have to return a deposit?

14 days in New York, 21 days in California and 30 days in Texas, each with an itemized statement of any deductions.

State-by-state rules

Sources

  1. Tex. Property Code ch. 92, Residential tenancies (§§ 92.001, 92.103, 92.104, 92.109), Texas Legislature
  2. N.Y. General Obligations Law § 7-108, Security deposits, New York State Senate
  3. Cal. Civil Code § 1950.5, Security deposits, California Legislative Information

How Seayora helps

Move-in and move-out inspections: Photograph each room at move-in and move-out and compare them side by side.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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