My landlord kept my security deposit to re-landscape the backyard.

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I leased a high-end home with a nice backyard--at least I assumed it would be come spring. My lease specifically states "grounds will be kept up in the condition upon move in". I took possession during a snow storm in February. The lease also stated that the owner would pay for a yard crew cleanup in May because it was so bad. That was 14 months ago. Two weeks before I vacated, the owner hired a team to cut down several trees on the property destroying the landscaping. They told me the owner planned to pave over a section of the yard for a deck. I just received my deposit refund less $1000+ for landscaping costs based on "May conditions" even though the remaining landscaping was perfect due to my ongoing efforts. Can the owner keep the $, which is obviously paying for the upgrade?

Attorney Answer

1
Daniel Gibbons ·
The short answer is look at your lease. In particular, does the lease agreement set forth terms and conditions under which the landlord may keep the deposit? Was there a checklist or written statement specifically describing the condition of the property? Did you sign a date such a checklist or statement? Did the landlord actually send in a clean crew in May of 2014?
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