Q: My current lease with our tenants doesn't have a specific clause about "no alterations or improvements to property".
A tree was planted without permission and we want to remove it when they leave and charge their deposit for costs. Can we charge them to "repair" the lawn back to what it was before, using only a clause "tenant must surrender property in as good condition as was received" or under a security deposit clause "...landlord may claim all or part...to repair damage to the premises caused by tenant, not including ordinary wear & tear."
A: The problem is, is removing the tree a repair, and is it damage? Generally adding something like that is not detrimental to the property, and trees often enhance the value to the property. Where you did not have a clause in your lease, it would be best to not charge the tenant, as if they successfully challenge the charge, it will cost you twice what you withhold, plus their attorney fees. http://www.oregonlaws.org/ors/90.300
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