Normal Wear & Tear or Damages?

Question

Hi BP community,

My previous tenant just moved out of my 800 sq ft apartment. She was a reliable tenant with no issues. My new tenant has found a malfunctioning oven (takes 30 minutes to turn on, then shuts off) and three broken blinds, as well as three other blinds stained with food. I haven't returned the security deposit yet and need guidance on what constitutes normal wear and tear versus deductible damages. Specifically, can I deduct the cost of repairing the oven and replacing/installing the blinds from her deposit? I appreciate all the advice here.

Leeling

Joe Funari · Answer

@Leeling Chew First, did you conduct a move out inspection once the previous tenant moved out to determine what issues there were before the current moved in? Also, did you have a thorough cleaning done before new tenants moved in (if needed because food stains on the blinds). If not difficult to prove the new tenant didn't cause damages. But otherwise under normal circumstances cost of repairing and/or replacing the oven and damaged blinds. Ask the current tenants if they are able to clean the food stained blinds. If not then get them replaced too. And deduct them from the previous tenants security deposit. Hope this helps.

Moving forward get a move out inspection done immediately after tenants vacate. This will save you in the future from surprises when new tenants move in.

Scott Nachitilo · Answer

In Texas, normal wear and tear refers to expected deterioration from ordinary use (e.g., minor scuffs), while damages result from negligence or misuse. The malfunctioning oven may fall under normal wear if it’s due to age or standard use, unless you can prove tenant misuse caused the issue—deducting repair costs would require evidence. Broken blinds are likely deductible as damage, while stained blinds may only warrant cleaning costs unless irreparable. Document issues with photos and invoices, provide an itemized deduction list, and return the remaining deposit promptly to comply with Texas law. If uncertain, consult a local attorney to avoid disputes.

And at last, to avoid such unexpected surprises in the future do move-out and move-in inspections.

Andrew Syrios · Answer

We have a deposit disposition sheet we go through when a tenant moves out in order to assess damages. Part of it is, unfortunately subjective and part of it depends on how long they've been there. (For example, if carpet is shot after a tenant who lived there one year, they should be charged. But if the tenant had lived there 10 years, they shouldn't be.) You really want to do this before a new tenant moves in.

As for what is mentioned, I think the blinds are clearly on the former tenant. (Maybe not the stained ones if that tenant lived there for many years.) The oven is probably not their fault unless you can find evidence it was damaged. But it's hard to tell from afar and without seeing it.

Kyle Mccaw · Answer

@Leeling Chew

@Joe Funari nailed it. I’d second everything he said.

In Texas, landlords can deduct from the security deposit for damages beyond normal wear and tear—but you need clear documentation. If no move-out inspection or photos were taken before the new tenant moved in, it’s tough to prove the prior tenant caused the oven issue or blinds damage. The Property Code (§92.104) does allow deductions, but only if you can substantiate them.

You may need to replace them and eat the cost if you can’t prove it was pre-existing. Going forward, always do a move-out walkthrough with detailed photos and videos. It’s one of the simplest ways to protect yourself and your property.

Landlording is a long game—every lesson makes the next one smoother. Keep going.

Theresa Harris · Answer

As others said, blinds can be charged, but those should have been noticeable when you did the move out inspection.  The oven may not have been.  How old is the oven?  that could be normal wear and tear.

Jeremy Horton · Answer

Blinds 100% keep the deposit - whether you have to do an "extra" clean or replace

Oven - I'd likely lean towards no. I'm surprised the previous tenant never complained about this. How old is the oven? If it's new I'd charge. if it's old I'd likely just replace

But as other have mentioned - move-in checklists, move-out checklists and pictures for both

You also should not let the new tenant find broken stuff from the previous tenant. When/If you get a move-out notice, do an inspection and take note of what may need to be replaced. Then you can get ahead of the curve when the tenant moves out.

James Mc Ree · Answer

I don't think you can charge the prior tenant for the oven if it is malfunctioning unless the prior tenant actually broke it. It's not their fault if it just wore out.

Try wiping the food off the blinds. You might not need to replace them. I wouldn't charge the tenant if all you need to do is a 30 second wipe. Otherwise, take a pic of the blinds damage, price new blinds and make the deudction.

Normal Wear & Tear or Damages?

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