Can I use security deposit to clean up/restore the yard

Question

Hi all, I have a SFH in King County, Washington not in Seattle. I am not renewing on the tenant who should move out soon. Among the other things the tenant did not do the yard work for at least six month to a year and the yard is looking pretty bad. I don't think that the tenant will do anything with the yard before vacating the property. Can I use the tenant's security deposit to clean up/restore the yard? Considering the local anti landlord laws what would be the best way to handle this to avoid any potential issues from the legal perspective? Thank you.

Gabe R. Gonzalez · Answer

Here in Chicago the most I’d be comfortable with holding is a trash out fee if they left trash in the yard. You’d need picture proof that the yard was horribly overgrown at the time of move out.

How much is the landscaping cleanup going to realistically cost? I know it’s a pain, but periodic property checks can help mitigate this kinda thing.

Charles Perkins · Answer

Here in Washington you are required to have a signed checklist clearly stating move in conditions.  If your checklist clearly described the yard condition and your lease clearly stated it was the tenant responsibility to maintain the yard, you could deduct the cost of cleanup.  It gets gray when you start looking to charge for lawn care or landscape work.  How much is wear and tear?  Basic work might be okay again you want to establish clearly the move-in condition and tenant responsibility.

Pictures are a good way to supplement the checklist before and after move-in.  Without a checklist you will have to return the deposit in full.

Charles Perkins · Answer

It use to be necessary as a DIY landlord to have a set cleaning fee in the lease that could be deducted from the security deposit at move out.  This was necessary for landlords that did their own cleaning which could not be changed. If you hired a cleaner you had a legitimate invoice. Recent legislation has changed the rules for security deposits and a landlord can charge for their necessary work based on going rates.

JD Martin · Answer

Do you have good and thorough "before" pictures of the yard? If not, I'd forget it other than anything that could be an obvious and not severe charge like mowing the lawn. I don't know what you mean by it's looking pretty bad, but I assume that means long grass, weeds in beds, etc. That's going to be a hard sell if you have to defend it in court (other than grass) IMO without good, detailed and dated pictures.

Nathan Gesner · Answer

Yes. The tenant is supposed to return the property in the same condition as received, minus ordinary wear and tear. If they damage the lawn, they are financially responsible for it.

Washington is not a landlord-friendly state. You should seriously consider hiring a professional to manage your property. A good professional can often pay for themselves by increasing your rent rates, reducing vacancies, or protecting you from bad renters.

Gabe R. Gonzalez · Answer

Woah - that must be pretty bad then.

You can always try holding it if your lease is solid and you did need to return the property to rentable condition secondary to tenant negligence.

If you hold it back and they don’t complain, then you have your answer; but if they contest - that’s your call whether to fight it.

Deposit hold backs are always deciding on what’s worth a potential fight and what you can clearly support.

Vicente Hernandez · Answer

Like the others have said if the lease explicitly says to take care of the yard area, then yes you can keep the security deposit. Trying reviewing the lease you used, many city/town ordinances already have yard keep up as a responsibility for the tenant.

Bill B. · Answer

Quick google says get the statement and any remaking security deposit back within 21 days or you may owe the tenant double their deposit. Also says if you didn’t provide a written checklist at move-in you automatically lose. “Cleaning fees” can’t exceed 10% of rent (though it sounds like prepaid cleaning fees? Didn’t know that was even a thing.

As mentioned, you probably want to hire a PM. Somebody should have gone by the property and noticed the backyard wasn’t being taken care of. Then you issue a notice to cure. If they don’t fix it you send someone and bill the tenant. That goes above the rent so rent becomes late after that bill is deducted.

Bruce Woodruff · Answer

I'm repeating a bit but - 1) What does your lease say? 2) Do you have before and after pictures? Next lease, maybe add a specific clause about taking care of the exterior?

I would personally use the money for exterior repairs and see what they say/do. But be ready to backtrack if they go to court. Most tenants don't know or care. Of course get a written estimate and keep track of all receipts and payments. Take pictures as the work proceeds to show how much and how long it took.....use the pictures to make it look as bad as it really is :-)

Olivia Grabka · Answer

@Gene Bor

Three keys:

1. What was covered in your lease?  Was the tenant responsible for maintenance?

2. Do you have a signed move in checklist?

3. Do you have a written estimate from the people that will do the clean up?

Security deposits can be used but you need to prove that they were responsible, that there is a problem and lastly prove out costs related to the amount being withheld.

Can I use security deposit to clean up/restore the yard

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