North Texas: apply security deposit to dry lawn/foundation?

[Andy Webb]

Most landlords I know here in North Texas have a clause in their leases requiring a tenant to water the lawn and (more importantly) the foundation X number of days a week during the hottest months (Apr - Sep or something like that).

How do you enforce this?

And when a tenant moves out, is there a good way to apply some part of the security deposit to cover perceived damages?  For the lawn, it is pretty clear if you have to replace some amount of sod...but what about the foundation?  I am wondering how you quantify that, assuming no actual pier work or adjustments are being done immediately?  We know there is a long-term cost that may not yet be evident.

Thanks,

Andy

[John Chapman]

I think watering the foundation is pretty much unenforceable.  The truth is that houses down here move, and sometimes they move even when the foundation is being properly watered.  I certainly would not want to stand in front of a judge and try to argue that the tenant's lack of watering caused foundation movement.  I would just count this as a cost of doing business.

I also think it's probably hard to enforce tenants killing some grass.  (If they destroy the landscaping, that's a different story.)  Again, with drought and watering restrictions in place, the tenant could be complying with the lease (to the extent permitted by law) and still the grass dies.