my tenant trim my fruit tree badly can I take desposit.

General Landlording & Rental Properties
5yFollow

my tenant trim my fruit tree badly can I take desposit.

Crystal Shi
anaheim, CA · Member since 2014 · 15 posts · 2 votes

My tenant recently moved out and I found he trimmed all branches off my 20 year old fig tree and top it badly. 
can I take money from his deposit as a compensation? 
the tenant also maintained my yard for which I pay him $70 a month. 
i was told by the other gardener that my tree will prone to disease and insect because of bad topping. 
photo is before and after. 

0Reply
22 views

Most Popular Reply

Patricia Steiner
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y

I doubt it. You paid him for lawn/yard services so in fact it appears you have a contractor relationship with him - separate from the lease/rental.  You can take him to small claims court but unless you can prove damages (which it appears they are in the making versus actually sustained), you would most likely not be able to collect. 

1Reply
See this reply in the discussion

3 Replies

Jump to latestLatest
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    5y

    I doubt it. You paid him for lawn/yard services so in fact it appears you have a contractor relationship with him - separate from the lease/rental.  You can take him to small claims court but unless you can prove damages (which it appears they are in the making versus actually sustained), you would most likely not be able to collect. 

    1Reply
  • Joe Martella
    Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    5y

    Did you inspect his landscaping work? How long did he live there? I imagine that you would have to prove that he/she intentionally pruned the tree to damage it and had knowledge on how to properly care for the tree. Also, it looks like a single family home that you rented to them with a backyard. If that is the case, is there anything in the lease saying that they couldn't touch the fig tree? I have 3 SFH rentals and I have no restrictions on their gardening. Just no permanent structures without my approval.

    0Reply
  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    Using a security deposit to pay for non-rental/lease items will never fly.  Hopefully lesson learned and you will have a pro take care of the important items next time.  

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free