Is the landlord or the tenant responsible for the landscaping?

Q I own a single-family home that I rent for additional income. My most recent tenants gave me a notice of termination last month. When I went to the house to conduct the required pre-departure walk-through, I was very disappointed to see that the lawn and many of the bushes had died.

When I questioned the tenants about the condition of the lawn and plants, they told me it was not their problem because they had no obligation to take care of the landscaping maintenance. I just assumed that they were responsible. Can I charge the cost of restoring the lawn and plants against the security deposit?

A Under California Civil Code Section 1950.5(b)(2), a security deposit can be used to compensate a landlord for the cost of repairing damage to the rental "premises." Assuming that your rental agreement defines the rental premises of your house to include the lawn and bushes, damage to these items would be included, but only if the tenants were responsible for the landscape maintenance.

As a landlord, you have a duty to maintain and repair the premises, while the tenant has a duty not to damage the rental property. In our view, the duty to water and care for the lawn and bushes is more a routine maintenance responsibility than a result of the actual damage such as tearing the carpet. Absent agreement to the contrary, you would be responsible for this maintenance.

Since the landscaping is not a required element of habitability such as adequate plumbing and electricity, you can shift the landscape maintenance responsibility to the tenants, but only if that shift is clearly agreed upon by both parties. If you want this shift in the future, we strongly recommend that you modify your rental agreement for any new tenants to expressly make them responsible for the landscape maintenance, either to directly care for the lawns and bushes or to pay for a gardening service.