The Suster Law Group, PLLC
Call Us Now At 972-677-8643
  • Home
  • About
    • Israel Suster
    • William Sweet
    • Tyler Smith
    • Christopher Bowers
    • Oscar “Rey” Rodriguez
  • Practice Areas
    • Commercial Litigation
    • Property, Asset And Real Estate Litigation
    • Land Use Issues
    • Commercial Tenancies
    • Residential Tenancies
    • Construction Disputes
    • Local and Conflicts Counsel Representation
    • Trial Support and Appeals
  • Blog
  • Pay Online
  • Contact
The Suster Law Group, PLLC
  • Home
  • About
    • Israel Suster
    • William Sweet
    • Tyler Smith
    • Christopher Bowers
    • Oscar “Rey” Rodriguez
  • Practice Areas
    • Commercial Litigation
    • Property, Asset And Real Estate Litigation
    • Land Use Issues
    • Commercial Tenancies
    • Residential Tenancies
    • Construction Disputes
    • Local and Conflicts Counsel Representation
    • Trial Support and Appeals
  • Blog
  • Pay Online
  • Contact
 Call Us Now​

Over 100 Years Of Combined Experience Representing Clients Throughout Texas And In Federal Courts

How much wear and tear is reasonable on a residential rental?

On Behalf of The Suster Law Group, PLLC | Aug 9, 2024 | Property Law

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.

 

Recent Posts

  • Commercial collection action: What Texas businesses must know
  • Construction Contracts in Texas: 5 Clauses Every Contractor Should Include
  • Zoning disputes in Texas: What developers and property owners should expect
  • Preventing property value loss when facing code violations
  • What landlords and tenants need to know about the kick-out clause

Categories

  • Business Law
  • Civil Litigation
  • Firm News
  • Property Law

Archives

RSS Feed

Subscribe To This Blog’s Feed

How Can Our Attorneys Help You?

The Suster Law Group, PLLC

Office Address

1316 Village Creek Drive
Suite 500
Plano, TX 75093

  Plano Law Office

Phone Number

972-677-8643

  • Follow

© 2026 The Suster Law Group, PLLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us