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As a landlord can I charge another damage deposit for an above ground swimming pool on the lawn?

Our tenant has a 3 year lease until 6/2012.  They put up a swimming pool this year.  They told me they were going to put it in the easement, but it is on the grass.  Can I charge them a damage deposit or call it an escrow deposit for damages from the pool?  If there are no damages I will return it to them when they vacate.

How much sand did they use ,people take advantage of landlords , let me ask you ,what is your insurance like on a pool how about electricity for the pump , did they pay for the hook up  in the ground, how about a fence .
In Nebraska (1)A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.  (2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after demand and designation of the location where payment may be made or mailed.
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