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Wear and Tear vs Damage

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

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

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.

Side by side

Normal wear and tearDamage
Faded carpet from daily walkingCigarette burn or large stain in the carpet
Minor marks on walls from furnitureHoles punched in the wall
Paint dulled by sunlightUnapproved paint color in a room
Appliance worn from normal useBroken appliance from misuse
Window screen with small tearBroken 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.

How states differ on where the line falls

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.

StateStatutePhrase usedDefined in statute?
CaliforniaCivil 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.
TexasProperty 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.

Why the line matters

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.

What this page does not do

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.