Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We had to move from our rental in Colorado due to a job

We had to move...

We had to move from our rental in Colorado due to a job promotion and we moved about a month ago. The lease break fee was determined as 4200 which the landlord agreed to use our deposit as part of. We did a walk through the day before we moved and the landlord said everything looked good. Now almost a month later they are asking for a venmo payment for $750 worth of yardwork. Saying that we never raked or did lawn care. And that is trash and weeds? We haven't heard anything from them since we moved until now. They are saying there is trash, weeds and leaves. Is this something that sounds right?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Colorado

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Just normal lawn maintenance. When we moved in the lawn was patchy grass and weeds that had been mowed. We moved in summer and moved out in winter so the lawn does look different due to season

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that the landlord has not mentioned anything in almost a month. And that they are saying that there is $750 of work but the picture they sent is a few dead weeds a couple piles of leaves and some trash which was definitely not there a month ago and looks new....even though it has rained and snowed since we left.

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
3/14/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,115
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

How far away did you move?

.

Was there anything in your lease that said you were responsible for maintaining/cleaning up the yard?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
We moved from Colorado to st. Louis for a promotion. And actually as I am looking through the lease I am not seeing anything about the lawn. Because of how fast I got promoted and had to move we asked if the 4200 lease break fee could include our deposit....they agreed as long as they could do a walk through before they said yes. They walked through the day before we moved and had numerous people there helping us move that heard them say everything looked good and we did go outside for both front and back. Now she is threatening to get a lawyer to make us pay another 2100 instead of using our deposit as agreed if I dont pay her $750.
Customer reply replied 1 month ago
I can send the lease if that helps?

Ok, then first... if they wanted to try to sue you, they would have to come to St. Louis to file suit and get personal jurisdiction over you to get you served with a summons... so not going to happen..

.

And if you weren't responsible for anything other than mowing, then they can't hold you liable for any landscaping or yard clean up over any simple mowing.

.

This sounds like a cash grab from them as there is no way they are going to come all the way to MO to pursue this.. And they aren't going to hire an attorney for a few thousand to try and sue you for a several hundred... So this sounds like all bark and no bite here.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
Do you mind looking at the lease to see if there is anything I am missing about lawn care? I would like to make sure before I tell her it is not in the lease

If you can attach it to the thread, I can take a look..

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
I have tried to attach but it won't let me. I did read through the entire lease and it does have lawn care maintenance in the provision along with lease break provision. I missed it since it wasmy labeled in the main portion if the lease. So does that mean I do have to pay her $750 for weeding and raking? I will try and attach the pictures she sent today.
Customer reply replied 1 month ago
Im sorry I'm just frustrated since the walk through went well and now 3 and a half weeks later it something she wants.

Ok, she might be able to hold you liable for something....but that looks like maybe $100 worth of paying a couple guys to rake up stuff and bag it... There is no way that is $750...that is ridiculous..

.

So I might tell her that you want to see a receipt or bill from a professional lawn care service for the amount she is claiming or you will offer her $XXX...whatever you feel is reasonable, to resolve it.

.

Just keep in mind that even if you refused to do anything at all, it is incredibly unlikely that she would ever actually try to sue you for the reasons I have gone over..

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
The lease mentions arbitration does that look different than them suing? I have never had to deal with anything like this. Sorry I have so many questions. If they decided to go after the money how does arbitration work for us? It says we would have to agree on someone or get a judge to appoint one?

Arbitration is basically an informal arrangement where the parties sit down with a neutral 3rd party and try to settle it. If it is binding arbitration, the arbitrator's decision is legally binding on both sides.

.

And for you being out of state, I don't see them as realistically being able to force you to come back there to arbitrate.

.

And if you refused, they are back to having to try to sue..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,115
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,115
41,115 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

41,115 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have lived in the same Mobile Home Park for 40+ years and
I have lived in the same Mobile Home Park for 40+ years and my children for over 20. Now the park will not take lot rent unless we submit to background checks. I feel that this is an invasion for some… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
I've found that the house I rent is zoned I2 and has been
I've found that the house I rent is zoned I2 and has been since before I moved in. I called city planning they said if it sat empty for a year it was no longer grandfathered in for residential rental,… read more
Attorney 1
Attorney 1
2,618 satisfied customers
My mother is 75yrs old she lives in a senior building. she
good afternoon, my mother is 75yrs old she lives in a senior building. she was served a 10 day notice for eviction and it is not for non payment of rent. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My previous landlord took most of my security deposit and
My previous landlord took most of my security deposit and they did not give me an itemized list of what they deducted. I was told over the phone but once I received the small portion back there was no… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,259 satisfied customers
We are moving out and our landlord said we need to have all
We are moving out and our landlord said we need to have all carpets cleaned and outside windows washed. Is the carpet wear and tear, they are not damaged? Is the outside windows the landlords responsi… read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
After the Sheriff evicted a tenant by Court order, and
After the Sheriff evicted a tenant by Court order, and sheriff's Notice of Eviction is still posted on the door, what does the law require the lanlord to do with the personal propety in the unit left … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
I need to know if my lease is still valid if my landlord
I need to know if my lease is still valid if my landlord moved in to the property … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I just received a 5 day eviction notice. We haven't paid the
hello I just received a 5 day eviction notice. We haven't paid the landlord in 2 months because of all the mold and water issues and he hasn't come to fix them yet. What can I do? We have been having … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
Moved in 1-1-18 reported bed bugs to landlord on 1-8-18
moved in 1-1-18 reported bed bugs to landlord on 1-8-18 confirmed bed bugs by pro pest agent 1-6-18 landlaod hired his own pest agent,who also confirmed bed bugs infestation.,.a 3 step treatment plan … read more
Lori
Lori
Juris Doctor
1,076 satisfied customers
Almost 3 weeks ago I applied to rent an apartment at 1215
Almost 3 weeks ago I applied to rent an apartment at 1215 Broadway; I was informed that there was a non- refundable application fee of $100 and that I could leave a cash deposit of one month's rent to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
I wrote to you and asked questions about my term tenant of 7
I wrote to you and asked questions about my long term tenant of 7 years owes me Unpaid rent. on 3/25vil Code 2018. I have done a lot of research on my own and I end up back at CA Civil Code 1950.5. My… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I live in California. My girlfriend moved into my house
I live in California. My girlfriend moved into my house recently and we have broken up. I've asked her to leave the house after arranging alternate accommodations as well as movers to remove her thing… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My daughter and her husband live in Lodi, CA.. Their current
My daughter and her husband live in Lodi, CA.. Their current residence is being sold so they have to move. They have a friend who owns a house on 20 acres of land in the San Joaquin County. He is will… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,187 satisfied customers
I was denied a visa extension and had to leave the country
I was denied a visa extension and had to leave the country immediately. I had taken up an apt in Mar 2018 and stayed for a month before I left. The leasing office is asking for 3 months rent (2 months… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,750 satisfied customers
Management placed "Valet" garbage bins on my doorstep. Now
Management placed "Valet" garbage bins on my doorstep. Now that are requiring me to pay an additional $25.00 per month for a Valet Garbage Pickup that I did not ask for. I told them that I choose to t… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I sent a month-to-month tenant who's always late on his rent
I sent a month-to-month tenant who's always late on his rent (and I haven't been charging him late fees) a Rent Increase. He's upset and trying to get out of it. Now he's asking "Why did my rent go up… read more
barristerinky
barristerinky
Attorney
41,115 satisfied customers
I received A Small Claim letter from the court after i
Hi. I received A Small Claim letter from the court after i booked flight tickets for my family and I to my home country. I did not even know that t I filed a counter claim and i also asked for continu… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
Does an American commercial landlord have the ability to sue
Second opinion] does an American commercial landlord have the ability to sue and seize assets of a former Canadian tenant that no lives in Canada and has a personal guarantee on the lease? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x