Q: Can landlord withhold security deposit for landscaping issue when not in the lease?
We recently terminated our lease at its end with sufficient notice. Landlord saying he won't return security deposit because some trees on property are not healthy and seems to think it's our fault. Our lease specifies that we maintain lawn and do snow removal, both of which we did and he has no complaints about. There was nothing about landscaping or maintaining the health of the many trees on the property. He just returned the separate lawn deposit, but says that he will only return our larger regular deposit if the trees regain their health. Is he in the right to withhold the deposit for this reason? If no, what can we do about it?
A: Since the terms of the lease define your rights and obligations, no attorney would be able to give you an answer to your specific situation without reviewing the lease and any riders. Depending upon the amount of the security deposit being retained by the landlord, these disputes typically wind up in Small Claims Court
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