Re: Another lawncare question - tips for future

Re: Another lawncare question - tips for future by Anonymous on August 24, 2016 @19:20

"I would be withholding $400 from their security deposit."

There have been a rash of posts lately demonstrating a lack of legal knowledge in regard to the proper handling of security deposits.

Remember that the security deposit, in its entirety, is property of the tenant, never property of the landlord to do as he or she sees fit. Your state laws allow you to make certain claims against a security deposit *after the tenant has vacated*.

You first of all have a tenant whose lease is still in effect, and you cannot touch the security deposit to pay your landscaper.

You second of all did not inspect your property regularly over the course of tenancy. If you had, you would have noticed the yard was not being taken care of, and you could have issued the proper Cure or Quit notice at the time.

If this goes before a judge, your risk the judge ruling that at no point did you make an effort to enforce this lease clause. Did your lease specify that a fee of $400 would be charged if landscaping was not performed up to your standards?

You are on shaky ground here. Your tenants are on the way out. Eat the $400 before this becomes more expensive, and work yard maintenance into your rent price and spin it as an amenity.

Get someone set up to inspect your property a few times during a lease if you are too far away to do this yourself.

Yes, the onus is on the tenant to adhere to the terms of the lease, but the onus is on the *landlord* to operate his business hands-on instead of hands-off.

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Re: Another lawncare question - tips for future by Anon on August 24, 2016 @19:58	[ Reply ]

So many tenants on this board.

Re: Another lawncare question - tips for future by Anonymous on August 24, 2016 @20:07	[ Reply ]

Interestingly I was thinking there are too many landlords who have no business sense and do stupid stuff?

Re: Another lawncare question - tips for future by Roy on August 24, 2016 @21:32	[ Reply ]

Well, I guess you can give me the "idiot landlord of the week award." As I said, it's a lesson for the future. I've been lucky in that all of the previous renters I've had have kept the lawn looking like a putting green. All without my prodding. I got lax and assumed this one would be the same. I'll never do that again.

Re: Another lawncare question - tips for future

Re: Another lawncare question - tips for future - Landlord Forum thread 347562