Landscaping issue

[2littlebirds]

CA

Hi,

We are moving after living here for 4.5yrs. The landlord told me today we was surprised to see the lawn dead. I don't know if it's really dead but there is definitely a weed issue and it's not as nice as when we first moved in. The lease states the landlord is responsible for maintaining the yard. He has a gardener coming twice a month who just mows. We actually tried weeding and trimming it ourselves b/c we got tired of looking at it. We are responsible for watering it. We've watered it for 4.5 years. It's on automatic sprinklers so it's been easy but we paid for it. Even with the drought restrictions, we've incurred fines for going over our limit. I'm sure I can get all the water bills from the water company to prove it.

I'm wondering what my liability might be. Our deposit is $4K and I really want to get most of that back.

Thanks!

 

[FarmerJ]

It is a shame that you did not refuse to violate city watering restrictions because it would have made a great argument for you in court since landlords cannot include things in rental agreements that violate state and local laws and it would have been fair of you to argue that you don't owe for a dead lawn that your city watering restrictions kept you from watering. If you are sued by the LL or in court over your deposit and this issue comes up it would be hard for anyone to guess how the court would view that argument since you did do some watering that triggered you to violate watering bans / usage rules.

 

[2littlebirds]

It is a shame that you did not refuse to violate city watering restrictions because it would have made a great argument for you in court since landlords cannot include things in rental agreements that violate state and local laws and it would have been fair of you to argue that you don't owe for a dead lawn that your city watering restrictions kept you from watering. If you are sued by the LL or in court over your deposit and this issue comes up it would be hard for anyone to guess how the court would view that argument since you did do some watering that triggered you to violate watering bans / usage rules.

Thanks for the reply! I followed the water restrictions and watered twice a week for 10 minutes each. The yard is large (there are 9 different watering zones the automated sprinklers go through). I don't think I get extra allotment for the large yard (I think the monthly allotment is determined using an average size yard and this one is bigger). Most of the lawns around here are fine but the one right in front of the house is in bad shape too. The HOA takes care of it. I'm at a loss as to why. It'll be interesting to see what our water bill at the new house will be with no yard. Right now we pay $150-200/mo. and when I tell people, they are shocked. I think I can prove I watered it. Just not sure what else I'll be responsible for.

The LL is a great guy, overall. I'd be willing to kick in a couple hundred if that'll make him happy. I'm hoping we can work this out. The inside of the house is in great condition, in my opinion. And we always paid our rent early. Hopefully we'll come to some sort of agreement. I don't want to go to court.

 

[2littlebirds]

It's me again. Had my final walk through and as expected he wants me to pay to resod his lawn. I told him I watered it as much as the city allowed me to and I did what I was supposed to. He was shocked the city only let me water it twice a week. I'm shocked he didn't know that as most cities have water restrictions. Anyways, he suggested half. I told him let's get a quote and I'd think about chipping in but I watered that lawn for 4.5yrs. I'm back home and really upset. In my mind, I'd be willing to chip in a couple hundred to solve this but I have no idea how much it costs to resod a lawn. Oh, I'm the one that is supposed to gather the quotes too.

I'm leaving for vacation tomorrow and will deal with this when I get back. Question about the 21 days deadline though. Is it from today, the date he took the keys, or July 31st, the date we legally paid rent through? He seems to be in no hurry. He mentioned how getting quotes might delay it. He originally wanted me to throw a number out there but I told him I have no idea. We'd need quotes. I almost have half a mind to wait 21 days and then send him a demand letter and then go to court. At this point, I'd feel better if a judge decided this.

 

[2littlebirds]

Me again. I'm just hoping landlords are reading this and will chime in.

I've calmed down. I'll get some quotes. I'm hoping they come in around $1K - $2K. I'd feel good about chipping in 30%. So if I use $1,500 as an average, that would be $500 out of my pocket.

Is that reasonable? The only other thing he took issue with is 2 runs in the carpet (happened when I vacuumed). He wants me to repair it and I told him I would. We left the house in great condition but didn't sweep out the garage and there's probably a few other minor things he could've brought up but didn't.

He's a good guy/landlord and I want to do right but also not get taken advantage of. What do the landlords here think?

 

[LdiJ]

Me again. I'm just hoping landlords are reading this and will chime in.

I've calmed down. I'll get some quotes. I'm hoping they come in around $1K - $2K. I'd feel good about chipping in 30%. So if I use $1,500 as an average, that would be $500 out of my pocket.

Is that reasonable? The only other thing he took issue with is 2 runs in the carpet (happened when I vacuumed). He wants me to repair it and I told him I would. We left the house in great condition but didn't sweep out the garage and there's probably a few other minor things he could've brought up but didn't.

He's a good guy/landlord and I want to do right but also not get taken advantage of. What do the landlords here think?

I am not a landlord but if you are still under water restrictions then I think it would be the height of idiocy to re sod the lawn. He won't be able to use enough water to get the re sodding to actually take, and then won't be able to use enough water to keep it healthy. I also think its going to be a lot more expensive than you think.

Throwing down some grass seed might be an ok thing to do but you cannot count on that taking either.

 

[2littlebirds]

Thanks! I told him that. I don't think he believes me about the water restrictions. Maybe I'll call the city and see what they recommend. Maybe he landscapes it using something else.

 

[FarmerJ]

HOW old was that carpet when you moved in ? was it brand new as in still offgassing with that lovely chemical stink ? If that was not brand new carpet when you moved in and It was me in your shoes Id tell him im sorry about the carpet but that carpets useful life is just about gone, and as for the lawn Id seriously consider telling him that he can call the city himself to learn the watering rules and not pay one dime toward new sod and let him know he should search for types of grasses that need little to no water but for him to try to tell you he didn't know of watering restrictions is BS unless someone is living in a cave out there its not possible for them to have not heard of watering restrictions since your state has been under drought conditions for more than a year now.

 

[justalayman]

The lawn; entirely his issue.


21 days is from the date you surrender the keys and vacate the property. If he wants to withhold money it is his responsibility to gather bids etc. He must provide you with an accurate accounting or if that is impossible due to not being able to calculate the cost prior to the 21 days he must provide you with a good faith estimate of the damages withheld


The carpeting; he needs to provide a cost to repair it. he can charge you for damage beyond normal wear and tear.

 

[Zigner]

Just an FYI: There are no longer any state-mandated watering restrictions, but local utilities/municipalities may still be imposing their own restrictions.

 

[2littlebirds]

Thanks for the feedback everyone

 

[2littlebirds]

Bumping again b/c this is not going to be resolved out of court, I fear. I spoke to the landlord today and he told me that the gardener told him we didn't water. I got really upset b/c when we spoke to the same gardener he told us everyone's lawn is dying. I watered that lawn for 4.5yrs at a cost of $150-200 per month and to be told I did not water it really upset me. I immediately called the water company and asked for a years worth of water bills. I'm anticipating our current water usage to be about $50 per month. If this ends up in court, will that be enough proof (comparing water bills before our move to after our move)? Also, I took photos of the lawn and it's over run with weeds as is the garden beds. That's a maintenance issue, not a watering issue.

The landlord has another week to send me an itemized list of deductions and/or my remaining deposit. Once that expires, I plan on sending him a demand letter with my argument as well as supporting documents (lease agreement and water bills and city watering ordinances). I would like to offer him $500 to settle outside of court. Otherwise, I'm going to ask for a full refund in court.

I feel sick to my stomach about possibly suing him. He is still pursuing sod replacement. The quote he got was $4K. He just doesn't care about the water restrictions. He told me he has to sell the place and can't with the yard as it is.

 

[FarmerJ]

selling it is his problem , boo hoo . honestly If it was me I wouldn't offer one dime, but stop talking to him about it and and let time pass, if he doesn't follow your states laws he gets a automatic loss by not addressing your deposit on time and if he does meet your states time lines but isn't fair about the money end by holding your deposit money unfairly then plan on suing , if he tries to sue you for what he spends on the lawn he will have to prove his claim and copies of your water bills showing that you were watering ( your city can tell you what the local averages are for x number person households with out watering grass or your so called winter months bills would do that if there was no watering during them & should take you off the hook.

 

[xylene]

I'd like to xeriscape this jerk.

Lawn? tacky.

 

[2littlebirds]

I didn't think about getting averages from the city. Good idea, thank you!

I agree about not calling him again. I had to coordinate the repair of those carpet pulls since I no longer have keys but I think from here on out, I'll wait for my itemized list and/or deposit and go from there.

Thanks again!