Tenant ruined my lawn. How much security deposit can I keep?

Tenant ruined my lawn. How much security deposit can I keep?

Investor · UT · Member since 2014 · 11 posts · 2 votes

Good morning,

I had a tenant vacate recently and upon inspection of the property, I noticed they had pretty much destroyed the lawn. It was in really good shape when they moved in.  Thick and lush with just the occasional dandelion.  Over the 3 years they've been there, they didn't water it enough (watering the lawn adds to their utility bill).  The lawn was very much parched and is dead in many areas.  Also, they let their dog destroy it with lots of digging and pretty much what looks like a 3 foot wide 'racetrack' around a tree that's in the yard.  Probably 40% of the lawn is destroyed and will not grow back.  I might be able to revive it with hydroseeding, but will probably have to do a lot of pre-work on the dirt to get it loosened up and the weeds and dead vegetation removed.  Also, we have a mole problem that has been going on for a while that I was not told about.  probably a dozen large mole hills all over the yard.

In the rental contract, it states that the tenant is supposed to maintain the lawn and grounds and keep them looking good.  (lots of leagalese to that effect anyway).  So, the question is, how much can I charge the tenant for the destruction of the lawn?  Can I just get an estimate from a landscaping company as to how much it would cost to restore the lawn to its original pristine appearance and charge that full amount?  

Advice or insights on this would be greatly appreciated.  We are in the state of Utah if that matters legalwise...

Thanks

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Property Manager · Henderson, NV · Member since 2018 · 501 posts · 317 votes
5y

Depending on your lease and any applicable laws as it relates to security deposits I would consider the following:

(1)  Did the tenant complete the Inventory and Condition form upon move out.  If so, were there any notations made regarding the lawn.

(2)  Obtain two or three estimates on bringing back the lawn to its original condition.  

(3)  Once work is complete attach a copy of the invoice to the Security Deposit transmittal form.

Here in Las Vegas we have 30 days to return the security deposit (I am not sure what the timing is like over where you are).  So you might consider taking action quickly. 

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  • Property Manager · Henderson, NV · Member since 2018 · 501 posts · 317 votes
    5y

    Depending on your lease and any applicable laws as it relates to security deposits I would consider the following:

    (1)  Did the tenant complete the Inventory and Condition form upon move out.  If so, were there any notations made regarding the lawn.

    (2)  Obtain two or three estimates on bringing back the lawn to its original condition.  

    (3)  Once work is complete attach a copy of the invoice to the Security Deposit transmittal form.

    Here in Las Vegas we have 30 days to return the security deposit (I am not sure what the timing is like over where you are).  So you might consider taking action quickly. 

  • Stephen J DavisBusiness Member
    Rental Property Investor · Houston, TX · Member since 2017 · 529 posts · 467 votes
    5y

    Make sure you have before and after photos. Get it repaired and save the invoice. @Michael Robbins has great advise above.

  • Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    5y

    When you go to court you will have to answer this: in three years why did you not inspect the property? The mole problem is not the tenant's responsibility, and they are difficult. Do you have a clause in the contract about the dog or pet deposit?  You have a semi arid climate with cold. I am thinking out of the box and rather than put down sod now which will freeze why not try clover? Aerate the soil, level out the holes and add seed and water.  Next tenant don't let them be in charge of landscaping, hire a gardener and charge the tenant who doesn't have a dog. If you try and charge them the whole deposit they will sue and you will likely lose the time and money. Keep the dog deposit (hopefully you have one)

  • Andrew SyriosPro Member
    Moderator
    Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
    5y

    I think @Michael Robbins has the right idea. If the tenant did the damage, you should be able to charge them for it. But if it's going to be a fairly big repair, then you should make sure to follow the exact letter of the law and document everything.

  • Investor · Tampa, FL · Member since 2017 · 589 posts · 251 votes
    5y

    Include all spaces when you take photos in the beginning. Use the invoice from vendors to fix as your proof of cost. If it exceeds then figure it out from there but subtract what you can from deposit. 

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