Lease Deposit and Cluster Mailbox Key

Alicia! Regarding the grass, the lease agreement and potentially an inventory and condition form (if one was filled out and turned in on time) would be most helpful in deciphering this item. As a general rule, it is a TENANT'S responsibility to keep up with the health of the lawn unless otherwise stated in a lease agreement. If they didn't do that, then they are subject to the landlord's replacement costs, but remember that receipts must be provided for security deposit deductions. As far as the key, if a key was given to them, it must then be returned to the landlord. Now if they paid for that key from the post office upon their move in, then they do not have to return to landlord and landlord can not deduct. Landlord must also show receipt for this. They have 30 days to return security deposit or portion of deposit to tenants along with explanations and receipts.

Hello Alicia, Regarding the grass... It would be hard for the tenant to prove otherwise if the grass was green and lush when they took over and now it's dead. Even with the freeze, the St. Augustine grass around Houston is pretty hardy and is coming back with watering/fertilizing and if the tenants have been watering it should be coming back. I'm not sure how they would fight that one. Regarding the mailbox key. It is as simple as what was provided to them at move-in (garage remotes, keys, etc) should ALL be returned. If items are not returned the landlord likely has the right to charge the tenant for replacement. USPS does change for those keys FYI. Always tell the tenants that if they do not return the property and all accessories to the landlord as they received them they likely will be dinged on their deposit. Mark McNitt, MarkKnowsHouston.com, Bernstein Realty 832-567-4357

Paragraph 17 B of the Lease Agreement states: B.Yard Maintenance:(1)"Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and otherfoliage on or encroaching on the Property or on any easement appurtenant to the Property, and does notinclude common areas maintained by an owners' association.(2)"Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimmingthe yard; (b) controlling pests and weeds in the yard; and (c) removing debris from the yard. (3)Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times (check lease if there is anything added here). We don't know if the grass does indeed need resodding (maybe just reseeding?) or not, but it was tenant's responsibility to ensure grass remained green and in good condition. Paragraph 10.D.(g) states that security deposit or part of it can be witheld for "replacing unreturned keys, garage door openers, security devices or other components". Typically, we see mailbox keys being conveyed at closing and after tenants move out, but technically, each new resident is supposed to get new keys from the post office. I would recommend you verify this with their local post office.

I've never had anything like this happen to my clients before. Check the lease agreement to see what the terms both parties agreed on, and go from there.

In accordance with the stipulations set forth in the lease agreement, it is generally the tenant's responsibility to maintain the property in the condition it was prior to the commencement of the lease. Standard agreements typically address property maintenance. As such, should the grass have perished due to the tenant's failure to provide adequate care, such as regular watering, the landlord may be justified in seeking compensation for damages or neglect, as agreed upon in the lease. Regarding the cluster mailbox key, it is crucial to clarify the responsibilities outlined in the lease agreement. In some instances, the onus may indeed fall on the tenant to visit the post office to change the lock. It is essential to review the specifics of the lease in order to determine the appropriate course of action in each scenario. David Smith, Blok & Blvd. Realty, 281-732-3090

If grass died because they did not water and it states in lease they must they can charge for that. If it died because of a freeze that is not tenants fault and they can not charge. Mailbox key must be purchased at post office for each new tenant so they can not charge for that.