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.
| Usually normal wear and tear | Usually damage |
|---|---|
| Paint faded or lightly scuffed after years of use | Large holes, unapproved paint colors or graffiti |
| Carpet worn thin along walkways | Burns, rips or pet urine stains in carpet |
| An appliance that fails from age | An appliance broken by misuse |
| Small nail holes from hanging pictures | Broken doors, windows or blinds |
| Loose door handles or worn grout | Water damage from an overflow the tenant caused |
What are the deadlines in New York, California and Texas?
| State | Deadline | Penalty for bad faith or willful violation |
|---|---|---|
| New York | 14 days after the tenant vacates, with an itemized statement, or the landlord forfeits the right to keep any of it | Punitive damages up to twice the deposit |
| California | 21 calendar days after the tenant vacates, with an itemized statement | Statutory damages up to twice the deposit, plus actual damages |
| Texas | 30 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
- How long does a landlord have to return a security deposit? — compared across 48 states and the District of Columbia
Sources
- Tex. Property Code ch. 92, Residential tenancies (§§ 92.001, 92.103, 92.104, 92.109), Texas Legislature
- N.Y. General Obligations Law § 7-108, Security deposits, New York State Senate
- 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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