The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Another lawncare question - tips for future - Landlord Forum thread 347552

Another lawncare question - tips for future by Roy on August 24, 2016 @16:26

                              
I have it stated very clearly in my lease language that the tenant is responsible for all manner of lawn care, to include weeding, fertilizing, mowing, etc. This has never been a problem before until my current tenant who is getting ready to move out in a week. After giving me proper notice on August 1, I started having prospective tenants either drive by or schedule tours with the people who were moving out. I started getting comments from people saying how horrible the yard looked (I live on the other side of the country and only get there once a year). I even had a couple of prospects back out saying the yard clearly needed too much work and hadn't been taken care of. At this point, I had a landscaper friend stop by and he proclaimed the landscaping a "disaster" and sent me photos to confirm it. It didn't look like a thing had been done in the year the tenant has lived there! I sent the tenant an e-mail and told him I was going to have to have the yard cleaned up so I could get it rented. I heard nothing back (which was always a constant problem with this tenant).

A week later (today, just 7 days before the tenant moves out) the landscaper has the yard looking perfect, to the tune of a $400 bill. I notified the tenant that since they didn't maintain the yard as required in the lease, and since they apparently weren't intent on "maintaining premises and property in the same condition at the start of lease," I would be withholding $400 from their security deposit. That apparently got their attention, as I had an e-mail reply in about 2 minutes. They claimed it was unfair for me to stick them with the cleanup bill. They further claimed that they had until August 31 to get everything cleaned up, which they fully intended to do (smirk). Since I took it upon myself to hire the landscaper before then, they feel it should be on my dime. Going off this logic, I guess they expect they can leave the landscaping looking like crap until the day they move out?

I'm fully willing to accept if I've made a mistake or unintentionally gave them a loophole to escape having to pay for the landscaping cleanup. If the experts here feel this situation isn't cause to withhold part of the deposit, I'll just eat the bill and try to learn from my mistake for the future.
[ Reply ] [ Return to forum ]

Re: Another lawncare question - tips for future by J (FL) on August 24, 2016 @16:51 [ Reply ]
If your lease stated that they would be charged if they failed to maintain lawn, I think you are owed the money but since this all occurred before the end of their lease it may be legally safer to send them a bill them for the weed removal and then later deduct from the deposit if they failed to pay the bill (keeping in mind state law about the time period for the SD). Also it would be good if you have some photos as proof too.
Re: Another lawncare question - tips for future by Garry on August 24, 2016 @17:03 [ Reply ]
If you have pics of your yard at the time they moved in, and the pics from the landscaper of before and after they did the the work this month, then go ahead and bill the T the $400. Then if they want to take you to court in the future, you can show the pics and the lease to a judge, and let the judge decide. However, getting ANY tenant to take care of a yard beyond the mowing, is extremely hard to to. To a tenant, its a LOT of work on a regular weekly basis, and unless any particular tenant is really "into" wanting and keeping a nice yard, they simply won't spend the time or money to do it. Besides, your view and a Ts view of "taking care of the yard" is 2 completely different views. If the LL wants to maintain a "perfect" yard on a rental property, they need to do it themselves, or pay a regular lawn company to do it. To try to get a T to maintain it to your satisfaction, simply won't happen. I know this because I have 20 SFHs that all have yards, and I have 0ne "H" of a time getting all my T at least MOW, let alone trim bushes, trees, weed, etc. A LLs best bet is to try to get the T to mow only, and the LL do everything else. And "maybe" you can get a little extra in rent, but that depends on your own rental market of what your competition is.
Re: Another lawncare question - tips for future by J (FL) on August 24, 2016 @17:03 [ Reply ]
Since you live so far away, in the future have you thought about increasing the rent and including lawncare?

I live near my rentals and have had the same problem you've had. With some tenants unless you're on their case constantly about the lawn they just won't keep it maintained.
Re: Another lawncare question - tips for future by Anonymous on August 24, 2016 @19:20 [ Reply ]
"I would be withholding $400 from their security deposit."

There have been a rash of posts lately demonstrating a lack of legal knowledge in regard to the proper handling of security deposits.

Remember that the security deposit, in its entirety, is property of the tenant, never property of the landlord to do as he or she sees fit. Your state laws allow you to make certain claims against a security deposit *after the tenant has vacated*.

You first of all have a tenant whose lease is still in effect, and you cannot touch the security deposit to pay your landscaper.

You second of all did not inspect your property regularly over the course of tenancy. If you had, you would have noticed the yard was not being taken care of, and you could have issued the proper Cure or Quit notice at the time.

If this goes before a judge, your risk the judge ruling that at no point did you make an effort to enforce this lease clause. Did your lease specify that a fee of $400 would be charged if landscaping was not performed up to your standards?

You are on shaky ground here. Your tenants are on the way out. Eat the $400 before this becomes more expensive, and work yard maintenance into your rent price and spin it as an amenity.

Get someone set up to inspect your property a few times during a lease if you are too far away to do this yourself.

Yes, the onus is on the tenant to adhere to the terms of the lease, but the onus is on the *landlord* to operate his business hands-on instead of hands-off.
Re: Another lawncare question - tips for future by MrDan (GA) on August 24, 2016 @19:50 [ Reply ]
Here is a potential problem. You withhold the $400.00, the tenant files suit against you. You will have to appear in court (if required) or hire an attorney to represent you. You will have to prove the damages, which means the landscaper who did the work will have to appear in court to testify about the damages. You will also have to prove the damage was caused by the tenants neglect and not by other reasons. All this will far exceed the $400.00 dollars you desire to withhold. Then if you fail to prove your case, you will have the additional cost of of damages to the tenant, court cost and attorney fees which will greatly increase your risk.

The fact that no one was concerned about any inspection during the term of the lease, that improper notice was given and the tenant was not allowed to cure any violation of the lease will weigh heavy against the landlord.

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google