Q: Is it legal for TX landlords to make tenants responsible for "normal wear and tear" repairs?

A: I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.

There is no legal prohibition on the parties agreeing to do this.

A: Based on Texas landlord-tenant law, the lease provisions you describe raise legitimate legal concerns. Under Texas Property Code Section 92.104, landlords may not deduct from security deposits for normal wear and tear, which is specifically defined as "deterioration that results from the intended use of a dwelling... but does not include deterioration that results from negligence, carelessness, accident, or abuse." Small nail holes and the need for repainting after a lengthy tenancy (which yours would qualify as after nearly four years) typically constitute normal wear and tear under Texas law.

Regarding the professional cleaning requirement, Texas courts have generally held that while landlords can require cleaning upon move-out, they cannot mandate hiring professional services if tenants can return the property to a reasonably clean condition themselves. The Texas Property Code also requires that any deductions from security deposits be "reasonable," and courts have interpreted this to mean that landlords cannot charge for services that exceed what is necessary to restore the property to its move-in condition, minus normal wear and tear.

I recommend documenting the condition of your rental thoroughly before moving out by taking dated photographs and videos. You should also review your original lease terms from 2021 to see if these provisions were added later, as this could affect their enforceability. If your landlord makes deductions you believe are improper, you can dispute them by sending a written demand letter citing the relevant sections of the Texas Property Code. If the landlord fails to return your deposit with an itemized list of deductions within 30 days, you may be entitled to additional remedies, including the possibility of recovering three times the wrongfully withheld amount plus attorney's fees under Texas law.