Landscaping Negligence caused AC to go out

[Alex LaBelle]

I recently had our tenant notify us that the AC was not working at the property. We promptly sent out a technician who determined that the AC went out as the shrubbery had grown to a negligent level around the condenser, causing it to overheat and the freon line to rupture. The means charges for replacing the line, all the units freon, etc. We have several pictures demonstrating that the condition of the foliage is clearly encroaching the unit and is clear negligence on the tenant to maintain the landscaping which resulted in the unit overheating.

Lease states that the tenant is responsible maintaining the yard. This includes moving, fertilizing, and trimming the yard as well as removing debris per the lease.

Going forward we will certainly:

1. Add this as an item to check during our regular inspection routine

2. Vengefully rip out the said foliage so this can't happen again

All that being said, tenant is leaving in several months. We would like to charge them for the repairs ($1200) as negligence to maintain the yard. Property is in Texas. 

Any thoughts either way from the BP experts?