For a property in California of which we are the landlords but live out of state:
1. Tenant did not care for the landscaping
2. We inspected the home last summer and saw the poor condition of the yard and informed the tenant that they had the responsibility to return the yard to the condition in which it was received.
3. The tenant has been warned several times since then to return the yard to the condition in which it was received.
4. Upon tenant vacating the property, the yard was not repaired and in order to return the property to a marketable condition, in a timely manner, we hired a landscaping company to re-sod the entire yard.
5. The cost of this exceeded the security deposit
, which we kept. We then billed the tenant for the remaining amount. We did return their pet deposit, as none of this damage was pet related, it was neglect.
6. The lease stipulates, "16. CARE,CLEANING, and MAINTENANCE
: Resident agrees to leave the Premises in the same condition as it was received, subject to normal wear and tear. Except as prohibited by law, Resident shall keep the Premises and furniture, furnishings and appliances, and fixtures
, which are rented for the Resident’s exclusive use, in good order and condition. Upon move-out, Resident agrees to return the unit to the same level of cleanliness it was in at the inception of the tenancy. Resident is responsible for the upkeep of the backyard and landscaping. Resident shall pay Owner/Agent for costs to repair, replace, or rebuild any portion of the Premises damaged by the Resident, Resident’s guests or invitees."
7. We have photo's, property manager inspections, etc that provide evidence of the condition of the yard upon move in, mid-lease, and move out.
8. The tenant does not believe they are responsible to pay the total amount to replace the lawn. Are we on solid legal grounds to pursue the outstanding balance for the lawn?