Under Texas Property Code §92.103, here is what is legal and what is not -- and how to dispute wrongful charges in Houston.
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State Law
Carpet deductions are among the most disputed in Texas security deposit cases. Texas law prohibits landlords from charging tenants for normal carpet wear: thinning, minor staining from everyday use, and general aging are expected costs of ownership. If a carpet was already 5 years old at move-in, a landlord generally cannot charge for full replacement when it reaches end of life. Landlords may legitimately charge for burns, large stains from spills or pets, or damage that goes beyond what's expected from normal living.
Practical Tip
Document the carpet condition at move-in and move-out. If the carpet was already worn at move-in, note it on your move-in checklist. Request the carpet's age; landlords generally cannot charge full replacement cost for an old carpet.
Step-by-Step
Review your lease for any carpet replacement clauses
Check whether your lease contains any specific provisions about carpet replacement responsibilities. Some leases include language about repainting or professional cleaning obligations. If the lease does not explicitly assign this cost to you, or if the clause conflicts with Texas law, it may not be enforceable.
Compare your move-in and move-out documentation
Gather your move-in checklist, any photos or videos taken at move-in, and your move-out documentation. If the carpet replacement condition was already present when you moved in, or if there is no meaningful difference between then and now, that is strong evidence the charge is improper.
Calculate legitimate vs. illegitimate portions
Even if some portion of the charge is valid, your landlord may be overcharging. Keep in mind that depreciation applies: a landlord cannot charge the full replacement cost for an item that was already aged at move-in. The charge must reflect the remaining useful life. Request itemized receipts showing exactly what was done and the cost. Vague charges like "Carpet Replacement fee: $400" without a breakdown are often successfully disputed.
Send a written dispute letter citing Texas Property Code §92.103
Write a formal demand letter to your landlord citing Texas Property Code §92.103 and identifying the specific deduction you are disputing. State the amount you believe was improperly withheld and request its return within a reasonable timeframe. Note the 30-day deadline under Texas law and the penalties that apply for non-compliance.
File in Texas small claims court if needed
If your landlord ignores or rejects your dispute, Texas small claims court handles deposit cases up to $20,000 -- no attorney required. Filing fees are typically under $100, and judges regularly rule in tenants' favor on clear-cut improper deductions. Bring your demand letter, receipts, and photos as evidence.
Common Questions
It depends on the circumstances. Under Texas Property Code §92.103, Texas landlords may charge for carpet replacement in certain situations, but the charge must be tied to actual, documented damage beyond normal wear and tear. Routine or excessive carpet replacement charges without proper documentation can be disputed.
Under Texas Property Code §92.103, your Texas landlord has 30 days after your move-out date to return your security deposit along with an itemized written statement of any deductions.
If your landlord improperly deducted for carpet replacement, you may be entitled to up to 3x the amount wrongfully withheld under Texas Property Code §92.103. Start by sending a formal written demand letter citing Texas Property Code §92.103. If your landlord does not respond, you can file in Texas small claims court (limit: $20,000) without needing an attorney.
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