Question:

Are there security deposit guidelines for damage to landscaping of a rental unit due to natural causes?

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I was renting a house in the desert that for some stupid reason came with a lawn and my lease says that I was responsible for the "yard maintenance" after living there for a few months, a monster sandstorm came in and deposited about 3 inches of sand over the lawn and built a small dune on one corner. by the time I returned home (I was on a business trip the day after the the storm), the sprinklers had already attempted to go on a few times and soaked/compacted the sand which would have made it near impossible to rake off. The sand also got into the sprinkler system causing the heads to jam while up and then UV damage deteriorated the rest so that when I tried pushing them down most cracked/broke. after that It seemed to me that digging out the lawn and repairing the sprinkler system and reseeding much of the lawn was above and beyond "maintaining the yard" and let the sand reclaim the land that rightfully belonged to it. My landlord claims that the damage to the house from that storm is not my problem, but that landscaping falls under different rules for natural phenomena and that the cost of re-sodding the grass and repairing the sprinkler system will come out of my deposit. Is this true or is there anything that I can argue... all of my neighbors completely re-did their lawns following the storm, though they were not renters. Please advise

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5 ANSWERS


  1. The damage to the lawn was not due to your negligence, it simply happened.   His insurance may or may not cover landscaping, mine doesn't.   My insurance only covers damage done by my plants, such as a tree falling, not the tree itself.

    He can only deduct for damage you either actively did or was caused by negligence.   You had no control over this and it is not your problem.


  2. It sounds like an insurance matter to me. Call a lawyer.

  3. He is wrong, wrong, wrong.

    Sandstorms are considered acts of God and any and all damage that they cause, are acts of God.

    Your landlord is supposed to carry insurance to cover damage to the structure for natural disasters...however, insurance companies never cover landscaping...that is why he is handing you this pure-BS story thinking you are dumb enough to fall for it.

    Send him a letter in writing and tell him you are fully prepared to sue him for the full return of your deposit when your lease ends.

    You will win.

  4. That was tricky of them to make you responsible for the lawn. They know that renters don't care about front lawns.  You don't owe the money. See if they will accept some cash and sign a release. /

  5. That's an "ACT OF GOD" and since you aren't the big "G" you aren't responsible. If you are moving soon and don't get your deposit back I would start in small claims court! You'll prevail.

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