Security Deposit in Georgia

[bribaile]

Georgia
Hi, my landlord indicated he would be deducting landscaping fee from my deposit. He said he had to weed and cut the grass because I had not been doing so. I have not been cutting the grass or weeding. It's a very small yard, and I didn't not know it was my obligation to do so. He never gave me a lease to sign. This is a house I have been renting for a year, and I just gave notice. He told me that it was standard practice, and that he would deduct the cost to get the yard presentable. As I said, I do not have a lease, I was not under the impression I was obligated to do this. Can he withhold part of my security deposit for this? He says that it is standard policy for a single home rental. I'm not aware of this requirement, I'm coming from South Carolina, and this home has been in Georgia. Do he have this right?

 

[adjusterjack]

Do he have this right?

Yes.

When you rent a house, you rent the property that it sits on and it's your duty to maintain it. Water the grass, mow, trim the trees, etc. In law that's called a "presumption." You overcome that "presumption" by proving you had an agreement to the contrary. You don't have such an agreement.

You can sue the landlord if you like, but I don't think you will win.

 

[LdiJ]

Georgia
Hi, my landlord indicated he would be deducting landscaping fee from my deposit. He said he had to weed and cut the grass because I had not been doing so. I have not been cutting the grass or weeding. It's a very small yard, and I didn't not know it was my obligation to do so. He never gave me a lease to sign. This is a house I have been renting for a year, and I just gave notice. He told me that it was standard practice, and that he would deduct the cost to get the yard presentable. As I said, I do not have a lease, I was not under the impression I was obligated to do this. Can he withhold part of my security deposit for this? He says that it is standard policy for a single home rental. I'm not aware of this requirement, I'm coming from South Carolina, and this home has been in Georgia. Do he have this right?

Yes, he probably can, It is certainly normal for someone that is renting a house to cut the grass and weed. If you did not do it for a whole year then the house probably looks like a jungle by now.

 

[FarmerJ]

When renting a single family home the only thing that would relieve a tenant of the obligation to mow or at least water the grass every now and then for sure would b a city watering ban in order to conserve water. ( If grass is not growing due to drought it doesn't need to be mowed as often) Even if you were to sue the LL for the amount held back to cover restoring the yard and argued in court that you didn't have a written lease to direct you as to mowing its hard to say if a judge would accept that argument.

 

[mike_miller]

If the use of the yard is included in the rental agreement then the tenant is responsible for it. If you exclusively have the right to use the yard then you are responsible for its maintenance and the landlord becomes responsible for the repairs.