Landlord Question and Answer Forum

Suffering here with the Florida drought. The yard of my property is mostly dead due to the tenants not watering. I have gotten quotes for resod which are upward of $5k & I have a tenant $1500 deposit. The lease agreement states: "You must maintain the lawn and other vegetation in as good or better condition as at the beginning of the lease, including watering, mowing, trimming, and fertilizing as required." I have video evidence of before and current condition. I have to decide to keep the deposit and eat the rest, or take the tenant to court. They have already hired an attorney because they wanted to break the lease a month early which I declined, and now are demanding to get their deposit back. Thoughts?

Did the local government dictate the amount of lawn watering was allowed? If so, you will have a hard time convincing a judge that it was the tenants fault. CA had the same drought problem. No more grass for me. Switched to drought resistant plants and drip system. Depending on FL state law... they are responsible until lease expires. Review the law and see what it says about tenant leaving before the lease terminates and losses you may be entitled to. Also, there should be something in your lease about breaking a lease.

Posted by Stan M, CA on Friday, May 26, 2017

The lease dispute was last month & it's now up in 5 days so that's no longer a concern. it just made them bitter I think. The county restrictions are to water twice a week. The neighbors' lawns are pristine. Likely, the tenants just never watered. At this point, I think I retain their deposit and then will have to decide whether to pursue them for the balance of resodding? I can't think of a leg they have to stand on to get their deposit back.

Posted by Chris G, FL on Friday, May 26, 2017

Keep us posted if things change. Thanks

Posted by Stan M, CA on Monday, May 29, 2017

hi what county are you in.

Posted by Marta P, FL on Tuesday, May 30, 2017

Orange

Posted by Chris G, FL on Tuesday, May 30, 2017

Sorry, I'm in Orange....the property is in Seminole.

Posted by Chris G, FL on Tuesday, May 30, 2017

Well, we ended up settling and the tenant is giving up their security deposit in order to walk away unencumbered. It's the easiest route for me as well.

Posted by Chris G, FL on Friday, June 9, 2017

Yikes.. I have a rental property that also requires taking care of the landscaping. I'm always afraid this will happen to me one day, hopefully not.

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