As a residential landlord, it is important to understand your legal obligations so you can avoid any costly breaches of tenants’ rights. You also need to understand your legal rights, as you do not want a tenant taking advantage of your good nature.
One area where problems between landlords and tenants can often occur is over damage to the property. You might be upset at how a tenant has left the place and want to retain their deposit. They might claim that it is just normal wear and tear and you should return them their deposit in full. Who is correct?
What does the law say?
Reading the relevant section of law is always a good place to start when you are unsure about a situation with your tenant.
- Texas property code defines normal wear and tear as “deterioration that results from the intended use of the … premises.”
- This includes “breakage or malfunction due to age or deteriorated condition.”
- But does not include “deterioration that results from negligence, carelessness, accident, or abuse… by the tenant or by a guest or invitee of the tenant.”
There is still room for interpretation here. Let’s say the bed breaks. Does normal wear and tear just mean sleeping in it, or does it include small children bouncing on it, or a couple having energetic sex?
Or let’s say the ceramic hob packs up. How long should a ceramic hob last before aging causes it to deteriorate?
If you are unsure of how the law applies to your particular situation, then it may be worth getting assistance from someone familiar with the relevant laws who can look at your case and explain your options.
