A Dallas-Fort Worth Guide to Lease Violations and Your Rights
If you’re a landlord in Dallas, you’ve probably experienced that sinking feeling when walking through a property after a tenant moves out. Holes in the walls, mystery stains on the carpet, and broken fixtures seem to appear out of nowhere. On the flip side, tenants often receive surprise bills for “damages” that look like ordinary wear and tear from daily living.
These scenarios play out thousands of times each year across the Dallas-Fort Worth metroplex. Property damage disputes rank among the most frequent conflicts between landlords and tenants in our area. While these situations can be frustrating and costly, Texas law provides a framework for resolving them fairly. The key is knowing your rights and responsibilities before problems arise.
Understanding Property Damage vs. Normal Wear and Tear in Texas
One of the biggest sources of confusion in landlord-tenant disputes is distinguishing between actual property damage and normal wear and tear. While Texas Property Code Section 92.104 prohibits landlords from retaining security deposits for normal wear and tear, the law doesn’t provide a specific definition. Generally, normal wear and tear refers to deterioration from typical use of a property over time, such as worn carpet or peeling paint. It does not include problems caused by carelessness or abuse, like large holes in walls, broken windows, or significant stains on carpet.
If you lived somewhere for two years, you’d expect some scuff marks on walls, fading paint, and general signs of regular use. That’s normal wear and tear. A baseball-sized hole in drywall or red wine stains covering the carpet? That’s damage.
Common examples include:
Normal Wear and Tear:
- Paint that has faded or slightly chipped over time
- Small nail holes from hanging pictures or artwork
- Carpet that shows wear patterns in doorways and hallways
- Door handles or hinges that have loosened from regular use
- Light scuff marks on walls from furniture or daily activities
Actual Property Damage:
- Large holes punched or kicked in walls or doors
- Windows broken due to negligence or intentional acts
- Carpet stains from spills, pet accidents, or smoking
- Crayon marks, pen marks, or other intentional markings on walls
- Appliances broken due to misuse or negligence
The distinction matters because landlords can legally charge tenants for actual damage but cannot deduct normal wear and tear costs from security deposits.
How Texas Security Deposit Laws Protect Both Parties
Texas Property Code Section 92.104 governs how landlords can use security deposits. Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear.
This means landlords can legally deduct money for:
- Unpaid rent or late fees
- Cleaning costs beyond normal cleaning
- Repairs for damage beyond normal wear and tear
- Other charges specifically outlined in the lease agreement
However, landlords cannot keep your deposit for regular maintenance items like repainting walls after several years of tenancy or replacing worn-out carpet that’s reached the end of its useful life.
The 30-Day Rule and Required Documentation
Texas law requires landlords to return a tenant’s security deposit, minus any lawful deductions, within 30 calendar days after the tenant moves out. This isn’t just a suggestion; it’s a strict legal requirement with real consequences for landlords who fail to comply.
Texas Property Code Section 92.103 requires landlords to provide written description and itemized list of deductions whenever any portion of the security deposit is withheld. This applies regardless of whether rent has been paid in full or if there are rent controversies.
This itemized list must include:
- A clear description of each deduction
- The actual cost of each repair or cleaning item
- Supporting documentation like receipts or invoices
Many disputes arise when landlords provide vague descriptions like “cleaning” or “repairs” without specific details. The law requires transparency in how deposit money is used.
Common Lease Violations Beyond Property Damage
Property damage isn’t the only issue that can lead to lease violations in the Dallas-Fort Worth area. We regularly see disputes involving several other common problems:
Pet Policy Violations. Many rental properties have strict pet policies, and violations can be costly. This includes having unauthorized pets, failing to pay required pet deposits, or allowing pets to cause damage. Even tenants with emotional support animals must follow proper notification procedures and comply with reasonable pet policies.
Noise and Disturbance Issues. The Dallas-Fort Worth area includes everything from high-rise apartments to single-family homes, and noise complaints are common across all property types. Repeated violations of quiet hours, loud parties, or consistently disturbing neighbors can constitute serious lease violations.
Unauthorized Occupants. Having people live in your rental unit who aren’t listed on the lease creates problems for everyone. This includes long-term guests who’ve essentially moved in or subletting arrangements made without landlord approval.
Property Maintenance Failures. Tenants have responsibilities too. Failing to keep the property reasonably clean, creating health and safety hazards, or neglecting to report maintenance issues promptly can lead to lease violations and potential liability for resulting damage.
Practical Steps for Handling Property Damage Disputes
When property damage occurs, quick action from both landlords and tenants can prevent small issues from becoming major legal battles.
What Tenants Should Do:
Document Everything from Day One. Take comprehensive photos of your rental unit’s condition when you move in, including any existing damage or issues. Do the same when you move out. Date-stamped photos can be invaluable if disputes arise later.
Review Your Lease Agreement Thoroughly. Make sure you understand exactly what you’re responsible for maintaining and what constitutes normal wear and tear according to your specific lease terms. Don’t assume anything.
Keep Written Records. Always document your communications with your landlord in writing. Email creates a paper trail that can be crucial if disputes escalate to legal action.
Know Your Legal Protections. Under Texas Property Code Sections 92.331-92.335, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint.
What Landlords Should Do:
Conduct Detailed Property Inspections. Perform thorough move-in and move-out inspections with comprehensive photo documentation. Have tenants sign off on the move-in condition report to establish a baseline for comparison later.
Provide Proper Legal Notice. Follow all Texas law requirements for providing notice of lease violations and giving tenants appropriate opportunities to address violations when applicable.
Maintain Comprehensive Records. Keep detailed records of all communications, repairs, maintenance, and expenses related to your rental property. Good record-keeping prevents many disputes.
Follow Security Deposit Laws Strictly. Under Texas Property Code Section 92.103, landlords must provide written description and itemized list of deductions whenever any portion of the security deposit is withheld.
When Legal Action Becomes Necessary
Sometimes property damage disputes can’t be resolved through normal communication between landlords and tenants. Legal action may become necessary when:
- Security deposits are wrongfully withheld despite following proper procedures
- Landlords fail to provide required itemized deductions within legal timeframes
- Tenants refuse to pay for clearly legitimate damage
- Disputes involve significant amounts of money that justify legal costs
- Either party believes their legal rights have been violated
Consequences of Bad Faith Actions
Texas Property Code Section 92.109 provides strong protections against landlords who act in bad faith when withholding security deposits. When a landlord is found liable under this section, the tenant may recover from the landlord: (1) an amount equal to the sum of $100; (2) three times the portion of the security deposit wrongfully withheld; and (3) the tenant’s reasonable attorney’s fees in a suit to recover the security deposit.
This means that wrongfully keeping a $1,000 security deposit could cost a landlord $3,000 plus attorney’s fees plus the additional $100 penalty. These penalties exist to discourage bad faith behavior and encourage fair dealing.
Prevention Strategies That Work
The most effective way to handle property damage and lease violations is preventing them from becoming major problems in the first place. Both landlords and tenants benefit from proactive approaches.
Write Clear, Specific Lease Terms. Lease agreements should clearly define responsibilities, acceptable use standards, and specific procedures for handling violations. Vague language leads to disputes.
Maintain Regular Communication. Periodic check-ins and prompt responses to maintenance requests prevent small issues from becoming expensive problems. Good communication builds trust and prevents misunderstandings.
Document Property Condition Regularly. Both parties should document the property’s condition periodically, not just at move-in and move-out. This creates a clear record of how conditions change over time.
Address Problems Immediately. Whether you’re a landlord dealing with a lease violation or a tenant noticing property damage, addressing issues quickly prevents them from getting worse and more expensive to resolve.
Key Takeaways
- Texas law makes a clear distinction between normal wear and tear and actual property damage, though specific definitions may vary
- Landlords must return security deposits within 30 days and provide detailed itemized deductions when withholding any portion
- Both landlords and tenants have specific rights and responsibilities under Texas Property Code Chapter 92
- Thorough documentation protects everyone’s interests in property damage disputes
- Bad faith retention of security deposits can result in significant financial penalties for landlords
- Prevention through clear communication and proper documentation prevents most disputes
Frequently Asked Questions
Can my landlord charge me for carpet cleaning when I move out? Only if the carpet requires cleaning beyond what normal use would necessitate. Regular cleaning between tenants is typically considered the landlord’s responsibility as part of normal maintenance.
What happens if my landlord doesn’t return my security deposit within 30 days? You may have grounds for legal action under Texas Property Code Section 92.109, which provides remedies including potential recovery of three times the wrongfully withheld amount plus attorney’s fees.
Can I be evicted for property damage? Depending on the severity of the damage and your specific lease terms, yes. However, landlords must follow proper legal procedures and provide appropriate notice before pursuing eviction.
What if I disagree with the itemized deductions from my security deposit? You have the right to dispute these charges. Document your objections in writing and consider seeking legal advice if the disputed amounts are significant.
How long does my landlord have to make repairs for property damage? Texas law requires landlords to make repairs within a reasonable time after receiving notice. The specific timeframe depends on the type of repair and circumstances, with urgent health and safety issues typically requiring faster response than non-urgent maintenance items.
Can I withhold rent if my landlord doesn’t fix property damage? Texas law generally does not favor rent withholding. There are very limited circumstances under which rent withholding is permitted, and specific legal procedures must be followed exactly. Most situations require other remedies such as repair and deduct or lease termination procedures.
Contact Your Dallas-Fort Worth Property Rights Team
Dealing with property damage and lease violations doesn’t have to feel overwhelming. At Girling Law, we focus on protecting the rights of both landlords and tenants throughout the Dallas-Fort Worth metroplex. Our team has extensive experience with Texas Property Code Chapter 92 and can help you resolve disputes efficiently and cost-effectively.
Whether you’re a landlord facing property damage claims or a tenant dealing with unfair charges, we can help you understand your rights and take appropriate action. Don’t let property damage disputes cost you more than necessary. Contact Girling Law today to schedule a consultation and get the legal guidance you need to protect your interests.
Time matters in landlord-tenant disputes. Texas law includes specific deadlines for many actions, so don’t wait to get the help you need. Our experienced team is ready to help you resolve your property damage dispute fairly and efficiently.
