The recent level 3 water restrictions which restrict residents from watering their gardens using a hosepipe or sprinkler system, left a few tenants worried about their lease agreement obligations.
Some lease agreements state that a tenant needs to maintain the garden and leave it in a state they found it but what happens if the municipal bylaws say otherwise.
Marlon Shevelew, Sectional Title, Commercial & Compliance Attorney says the landlord cannot always succeed in holding a tenant responsible for maintaining the garden as it means breaking the law.
A tenant can't be held liable. In fact, the landlord needs to do everything in his power to make sure the tenant is in a better position to comply with the contractual obligations.— Marlon Shevelew, Sectional Title, Commercial & Compliance Attorney
Shevelew says if there are water restrictions in place, the landlords cannot in anyway hold the tenants deposit back if the garden has dried out or the pool is not well mantained.
_Is your landlord holding you responsible for a dried out garden? L_isten below for more details:
This article first appeared on CapeTalk : Landlords may not hold deposit for unkempt gardens during water restrictions