Legal Question in Real Estate Law in California

Return of security deposit

I recently moved out of a house I have been renting since August, 1997. The house had a front and back yard, with the back yard fenced in. When I signed the lease for the houe, the landlord informed me that he had a gardener's service which would take care of the yard (mowing, trimming, etc.) and that we would not have to worry about it. I have 2 dogs who are normally kept in the back yard, so I arranged with the gardener's service to come on a day when I would be home so they could get in the back yard to work. About 6-8 months into my lease, the gardeners started coming in the middle of the week, and I couldn't get them to change their schedule, so I started maintaining the back yard, and left the front for the gardeners to care for. I was watering the front and back yards throughout this time. After I moved out of the house, my landlord sent me a letter with itemized repairs and my security deposit refund. There were 4 items on the list, 3 of which I do not contest. The 4th item is for replacing the FRONT yard with new sod. (Materials and labor total approximately $700). Since the landlord had a gardener's service and I was not responsible for the yard's care, I don't think the item is reasonable. Thank you for your time.


Asked on 4/15/99, 1:34 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Return of security deposit

You stated that you watered the front and back yards. If watering the yards was yor responsibility, the issue of responsibility for the damage to the front lawn is not as clear. The landlord had a yard service take care of the yard. If you were not told that the lawn needed more water, it would seem logical that the damage to the lawn was not the result of either lack of or an excess of water.

You should write a letter to the landlord explaining your position and request a refund of the cost of resodding the front yard. If the landlord does not send you the refund, then your alternative is to sue in small claims court. Should you decide to sue in small claims court, you need to have a witness that the front yard was cared for by a yard care service. Anyone who saw the yard work being done by the company could testify. The most important time frame is the last 6 months before you moved out of the house.

Check to see if the small court has a program to assist you in preparing for the hearing. Someone with this program can look at your documents and help you prepare.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 4/19/99, 4:09 pm


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