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

[Curtis Harrison]

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

[Michael Robbins]

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.