Returning yard in professionally landscaped condition?

Question

Looking for some feedback....

Our prior rental house we just vacated  was fully professionally landscaped prior to us moving in because it was listed for sale. When they couldn't sell they decided to rent the property. We maintained the yards pretty well (had a lot of landscaping to maintain) but they're definitely not as perfect as they were a month after they were professionally done.

Now that we've moved out the landlord is holding our whole deposit as the yard isn't in the same shape as when we moved in, which I'll admit is true. The reason we moved out is because they are wanting to sell again- so they want the yard in that professionally done, sellable condition.  He's saying he received a quote of $1,500 to get it back to that condition....which is literally having it professionally landscaped to sell-able condition again.

I feel like we're having to pay to prepare his house for sale vs. what would be acceptable if it wasn't being sold. It's not like the yard is overgrown, destroyed, ect. The yard has a couple patches, 2 of their newer shrubs they planted as part of the professional landscape didn't make it (planted under a tree, didn't get any sun) But it's still in good shape.

Some of the patchy grass is from a dog, but we also paid $25/month for the 30months we lived there in pet rent. However I think from what I've read now that pet rent doesn't cover any pet damages in the way a deposit would.

Our lease thats that "The tenant covants with the landlord to maintain the premisis in good and tenantable repair...flower beds cultivated and planted, the lawns watered and mowed, and the shrubs and trees trimmed and replaced as necessary" .

Am I fully in the wrong here for not being able to keep a yard in just-landscaped condition for 2.5 years?

Thanks!

Natalie Kolodij · Answer

Thanks JD.

I did attempt to repair- We just started getting some nice enough weather and as soon as we did I started using "grow anywhere re-seed" specifically for pet spots on all the areas. It's starting to come in now but grass doesn't grow overnight. Plus after the first go through we god snow out of no where...twice. Gotta love the pacific northwest.

I will focus on the date issue as our first line of defense. Thanks!

Curtis Bidwell · Answer

Hi, @Natalie Kolodij. I met you a couple months ago in Puyallup.  Appreciated your presentation!

You're correct in that he has 21 days to give you his accounting of your deposit.  Therefore he owes it all to you regardless of property condition.  Send a certified letter requesting it and include the state law: If he doesn't respond accordingly file for a small claim judgement of 2x the deposit.

RCW 59.18.280

(2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW  59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorneys' fee.

JD Martin · Answer

I would press your last point. As a good faith effort I would have repaired whatever spot damage was done by your dog with the same grass variety as is currently in the ground (if it can be identified) such that the lawn looks as uniform as possible (or at least as uniform as when you moved in). I think you are/were probably going to be on the hook for the trees & shrubs because of the "replaced as necessary" clause, unless you can enforce the 21 day issue.

Most courts do not look kindly on landlords violating the law if it gets that far. Sometimes a good letter is all it takes to keep things from getting that far, and usually attorneys are good for that if good faith efforts to have your deposit returned have failed.

Natalie Kolodij · Answer

Hi Curtis,

Of course I remember you from the meeting. Thank you for the input.

I will send over a certified letter (hopefully I can to the PO Box, it's all I have for him) and move forward.

I figured he might hold a little bit for some lawn repair but $1,500 means he literally wants us to pay to have it made perfect to sell now.

Natalie Kolodij · Answer

Additionally- It looks like in Washington a landlord has 21 days to provide you with a list of any reasons/costs for witholding deposit or they have to return in full.

We gave notice to vacate and vacated on March 1st. Walk through was on the 23rd at the landlord's request- we tried to do the walkthrough the weekend after vacating, and he had someone come out this weekend to give him a quote- which he didn't provide to us. I believe at this point he's also outside of that time frame limit.

Natalie Kolodij · Answer

It would Take a bit of re-seeding in the patchy areas (which I already had started doing, but spring in Washington can be sunny one day- snow the next) remove the two dead shrubs  (died because of where they were planted- no sunlight under a big oak tree, the other 6 in the line are fine) and a bit of just pruning back some of the bigger bushes.

There were  2 emails where I reached out to him about having a professional come out because some of the larger bushes needed an actual chain saw to be cut back some more. He'd also seen the yard countless times over the 2.5 years.

Marcia Maynard · Answer

What would it take to return it to the condition it was at move-in? I do think it was your responsibility to maintain or at least restore it to that condition.

Natalie Kolodij · Answer

Additionally - I tried to email him in response and the emails just bounce back.

The email we've always used is suddenly not working, I don't have an active number for him because they live in Chili, and now I can't email him.

Returning yard in professionally landscaped condition?

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