Renter's dog destroyed lawn that was professionally installed by landscape company

[Sara Valentine]

I have a renter moving out of a nice house with a very small back yard. His dog has completely destroyed the small lawn, which was professionally landscaped. Renter wants to replace the lawn himself. The lawn that was destroyed was professional landscaped.  I want the lawn back in the shape it was when the tenant moved in 2 years ago - so I would prefer to take the money out of his deposit, in order to have it professionally done.  I have concerns that renter will not do whatever is necessary to remove and replace the soil which was saturated with dog urine. Plus it takes 6 weeks for new sod to establish (for roots from sod to grow into the ground). So we wouldn't know for six weeks if the re-sodding will be successful.  Meanwhile he's going to be wanting his deposit back. Am I in my rights to say it must be done professionally?  THANKS SO MUCH IN ADVANCE FOR ANY ADVICE!

[Bill S.]

@Sara Valentine shame on you for not requiring the tenants to abide by the lease. You now have a "situation" do deal with.

Now to the situation. How can you prevent them from DIY? You can't. If the lawn is in good shape minus normal wear and tear when you get the property back. Who cares what it looked like for months up to that point?

Per Colorado law, your lease can give you up to 60 days to return the deposit (which it should if it was drafted by a competent landlord attorney). You should know by then if the sod sticks or not. That said, you are far too concerned about a small patch of grass. Let it go, if it's gone when you get the place back, fix it and charge them. You will have to demonstrate to the court that the costs were reasonable. What is "reasonable" depends on the judge hearing the case. If what is there when they give you property back is good, no harm no foul.

In the future, your lease should strictly prohibit animals that are not on the lease (which should already be in your lease). Beginning and end of story. If they want to keep the animal pay the lease break fee and find a place that takes pets. Otherwise the pet is gone. Being kind and generous will only cost you money not to mention heart ache. Case and point being this post.