[ginamarie112]

I have a question which I cannot find an answer to anywhere online and I am trying to make certain that I stay within the law. I own a home in California, which I had to rent out due to the economy, so I am not practiced in the laws concerning this. The tenant moved in mid February and I retained a portion of their Security deposit because they had killed off 80% of the back lawn by spraying some sort of weed killer (obviously not safe for lawns). I have to replace the sod. The Landscaper advised to wait until spring to replant, which has been my intention.

I refunded the balance of the security deposit along with the closing statement and a copy of the Landscaper’s proposal. Now I just received notice that the Tenant is filing a lawsuit for the portion of the Security Deposit which I withheld. My concern is that I do not want to move forward with this $2000 repair work until this matter is settled. If I do proceed using the funds from the Security Deposit and for some reason the Court would order it returned I would then not have the money. I am trying to get this work done, but I also want to be responsible by not using the money until this issue is decided. I have seen on Civil Code 1950.5 Section G3 that there is a provision where I may deduct the money and provide the estimate (which I did) and that within 14 calendar days AFTER the repair is done I must then provide a receipt. However it does not stipulate any time limit on when the repair must be done. So my question is can I in fact remain within the law and hold this deposit money until the hearing in August or would this jeopardize my right to charge this debt to the tenant?

[this8384]

On one hand, I think you're smart for playing it safe and holding on to the money; on the other hand, the judge may see your reasoning as proof that you don't actually think the tenant should pay to have the repair done.

Can you prove that the tenant is the party who caused the damage to the lawn? They very well may come into court claiming it was in that condition when they occupied the premises.

I'd also recommend getting a written statement from a reputable landscaper stating that the repair cannot be successfully and satisfactorily completed until spring time.