Landscaping not maintained-charge tenant now?

Question

Tenant of 1 yr in SFH has not watered the hedge in the front yard at all.

Drought conditions here, but there's only a little else there that needs watering.

Gardener says it can't be revived with watering -  though I did see a tiny amount of new leaves after a recent rain.  So I could chop it down & tell them to start watering & see what happens, or just take it out.

What to do?  Charge now or wait until move-out, or eat the cost?

Marcia Maynard · Answer

You would be surprised how resilient some plants are. Consult with a specialist who knows that type of plant. If the hedge can be saved, do what it takes. If it can't be saved, remove it and mulch. Then charge the tenants at that time. Don't wait until the end of the tenancy; if you do, you will find that the security deposit is never enough.

Be sure to meet with the tenants and explain the situation. This is a learning moment for both you and them. If you monitored/inspected your property on a regular basis and enforced the terms of the rental agreement, it wouldn't have gotten this far. If they had followed through with their responsibility, it also wouldn't have happened.

Rob Beland · Answer

Honestly I think many landlords on here are too hard and fast with their lease clauses and tend to overthink too many situations. Lois S. have you called the tenant to discuss this with them? It may be as simple as showing them that the hedge is dying and they need to water it. Give them a sprinkler. Speaking with them and working with them will go a long way and you will not be creating an unnecessarily hostile environment trying to enforce rules and demanding action. Just speak with them.

Marcia Maynard · Answer

@Randy E.and @Mark Cruse It is actually common for SFR lease agreements to include some tenant responsibilities for maintaining the landscaping, or at least watering as necessary. We, the Landlord, provide regular landscaping/yard care for our multifamily properties, but for our SFRs the Tenant is held responsible for such.  Here is the clause in our rental agreement pertaining to that.

"LANDSCAPING/YARD CARE.  Regular landscaping/yard care (mowing,
edging, trimming, fertilizer, weed control) will be provided by
_______________________.

For all
Tenants:

a.     
Tenant agrees to keep yards, walkways,
patios and decks clear and to keep premises free of junk and debris.

b.     
Tenant accepts liability for all
landscape damage and/or replacement of such, if caused by neglect, abuse or
lack of water.

c.     
Tenant may plant the beds adjacent to
their dwelling to their liking, but only with those plants that are of
appropriate size and type for the beds. 
All plants brought or caused to be brought to the property by Tenant
will be cared for by Tenant.

d.     
Tenant agrees not to cut or prune trees,
hedges and shrubs.  This will be
Landlord’s responsibility.

e.     
Tenant agrees to properly dispose of all
plant debris and agrees to not leave such on the property.

f.      
Landlord will consider special Tenant
requests for planting and removal of plants, shrubbery and trees, but reserves
the right to determine the make-up of the landscaping.

For
Tenants of single family homes only:

a.    

Tenant
agrees to mow, water, and keep the grass, lawn, flowers and shrubbery thereon
in good order and condition, applying fertilizers and weed retardant as needed.

b.    

If there is
a failure of Tenant to keep the landscaping in good order and to follow these
guidelines, Landlord reserves the right to hire a landscaping service at
Tenant’s expense (after a 10-day notice to perform covenant).

c.    

Landlord
reserves the right to restore the landscaping to its initial condition, as it
was at the time Tenant began occupancy, or if improved during Tenant’s occupancy, to the level of such improvement.  Restoration will be at Tenant’s
expense."

Michael Germinario · Answer

@Marcia Maynard is absolutely right here.  Great advice if, in fact, that is a clause in your lease agreement.  Remember @Lois Sivad to enforce your lease agreement.  If you don't enforce it, then people will take advantage of you and you will lose credibility with your tenants.

Mark Cruse · Answer

Having landscaping in a rental and depending on your tenants to maintain it is not common. I doubt anyone would agree to that in a lease so trying to enforce it will result in nothing. I can see if it's basic but placing expensive landscaping on a rental is similar to putting it all on the roulette table.

Jeremy H. · Answer

Is it not common to have the tenants to have to water the existing landscaping?

I would think not every single family home is supposed to be put on market with barren and dead lawn that demands zero maintenance.  There will be some rose bushes, hedges for curb appeal.   And it would be tenant's responsibility to sustain this landscape, DIY or hire a landscape.  If the maintenance is not handled properly by the tenant, a landscaper will be hired and paid for the tenant.     At least, when I was a tenant this was sort of done to me.  I was always good about keeping the lawn just on the verge of dying.  Given the drought condition, it should be more slack given to the lawn condition.

Another thing is if the weeds are getting too high, the city mail you pictures and demand you fix it by a certain date, if not there is a fine of around $100 a day.

I think this should be in the lease and pointed out to the tenants, if they don't agree they can go rent an apartment or another property without any plants.

Debra R. · Answer

Hi Lois,

Glad to see someone so nearby me!

I would start by just asking "I've noticed the hedge is looking pretty sad.  Have you cut back on watering it bc of the drought?" If they say no, they just forgot then you can remind them that it needs watering once a week (or whatever).  If they say yes it's bc of the drought, you might need to just let it go.   People can get very emotional about watering outside when we have such a severe drought.   If they are good tenants otherwise, it may be best not to stir things up.

Darrell D. · Answer

This topic is exactly what I was looking for. I'm having the exact problem.  I hired my sister as a manager.  It's been good and bad.  She's a good communicator but lacks experience.  So the management side has been lacking.

My renter is a borderline hoarder, in a 2002 home in Arizona.  So it's not terribly old.  If I did nothing, the man would probably die in there but the house would need some serious cleaning and maintenance.  Not a bad trade off considering he'll probably pay off the mortgage himself.  I'm always thinking about the long term benefit.

The front yard has established plants which are growing beyond the limits.  One neighbor is complaining but the HOA hasn't said anything about the issue.  So is it a problem or not?  It's like a tropical jungle... it's nice, but not nice at the same time.

Also I think it's important to state exactly what we expect in our lease.  What does "maintain mean?"  Does it mean watering, trimming, or both?  How much do we trim?  All of these factors should be spelled our in lease.

Being specific can help us.  Some examples of what we should say:

1) "hedging will not be allowed to grow into the path of the sidewalk."

2) "bushes will not be allowed to grow more than 5 feet in height and width."

3) "Tree limbs will not be allowed to grow within 6 feet of the ground."

For this renter however, I think it would be beneficial to trim everything once per year and cover the cost ourselves.  This way it's done right and without the argument stemming from a vague agreement.

Mark Cruse · Answer

@Marcia Maynard, maybe that's specific to region or certain segments of society but I've never encountered that. Of all the other things to worry about it seems like this would be an added headache, in addition to being difficult to seriously enforce. If that works out congratz!

Joshua Feit · Answer

I think @Marcia Maynard has the right idea. This is a great opportunity to clear up the expectations between you and your tenant. In my humble (and somewhat unseasoned) opinion, charging $100 for a new hedge will not go a long way to build the relationship, especially if the landscaping care is not explicit in the lease. And, eventual vacancy will likely be more costly than this bit of landscaping repair. Let us know how this shakes out!

I wish you all the best with your investing ventures. Cheers!

Landscaping not maintained-charge tenant now?

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