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One line of difference. Normal wear and tear is the expected decline from living in a home; damage is harm beyond that. The examples below are set by this page so you can see where the line usually falls — your lease and state set the actual rule.
Normal wear and tear is expected aging; damage is harm beyond it.
Normal wear and tear is the gradual, expected decline that comes from living in a home and using it as intended. The examples on the left are the kind of thing a security deposit is not meant to cover.
Damage goes beyond ordinary use: breaks, stains, holes, and unauthorized changes. The examples on the right are the kind of thing a deposit can be used for, where the lease and state law agree.
| Normal wear and tear | Damage |
|---|---|
| Faded carpet from daily walking | Cigarette burn or large stain in the carpet |
| Minor marks on walls from furniture | Holes punched in the wall |
| Paint dulled by sunlight | Unapproved paint color in a room |
| Appliance worn from normal use | Broken appliance from misuse |
| Window screen with small tear | Broken window pane |
These items are examples chosen by this page. Whether a given mark counts as wear or damage depends on the lease you signed and the rules where the home is.
States split into two groups. Some define "normal wear and tear" in the statute itself; others name the exclusion but leave the meaning to a judge. The difference matters when a landlord and tenant disagree over a charge: in a state with a definition, the argument is whether the mark fits the words already on the page; in a state without one, the argument is what the words mean in the first place.
| State | Statute | Phrase used | Defined in statute? |
|---|---|---|---|
| California | Civil Code 1950.5 | "ordinary wear and tear" | No. (e)(2) lists three things a landlord cannot charge for — preexisting damage, ordinary wear and tear, and its cumulative effects — but does not say what ordinary wear and tear is. |
| Texas | Property Code 92.001(4) and 92.104(b) | "normal wear and tear" | Yes. 92.001(4): "deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse." 92.104(b): the landlord "may not retain any portion of a security deposit to cover normal wear and tear." |
These two statutes were read from law.onecle.com on November 4, 2026 (California, 200; Texas, 200). The other 48 states were not read for this page. Whether a particular mark is wear or damage depends on the lease you signed and the rules where the home is.
A security deposit is meant to pay for damage and unpaid rent, not for the ordinary aging of a home. Keeping move-in and move-out photos makes the difference clear if there is a dispute.
This page gives examples and quotes two statutes (California and Texas). It is not legal advice, does not quote the other 48 states, and does not decide a real dispute.