Who "TYPICALLY" pays for irrigation of a SFR lawn?

Question

Location is Florida.

Lease does not stipulate who pays for the watering of the yards.

During the initial lease negotiation, the topic did come up.  The realtor said we both contribute.  I pay for someone to mow the lawn twice a month ($80 a month) and the tenant pays for the irrigation as part of HIS water bill.  He seems agreeable at the time, but nothing was written into the lease.

We also discussed who's responsibility it is to put up hurricane shutters in the event of a hurricane approaching.  We agreed I (landlord) would do it but at my discretion.  In other words if I don't think a storm is threatening enough to do it I don't have to, if he worries he could do it himself.  That wasn't written into the lease either.

After two months he complained of high water bill.  I looked into it and yes it is high because the city charges on a bracket.  First 3000 gallons $1.72 per 1000 gal, but once over 20,000 gal they charge $10 per 1000 gal and there are multiple tiers in between.  I put in new sod so initially needed more water and set the sprinklers to water every day.  My fault and will reimburse him for it.

However, I said let me dial back on the sprinklers to once a week instead of once a day, and that should only cost an additional $40 each month on your end.  I am paying $80 to mow the lawn twice a month.  Fair?  He said no, I don't want to pay a dime for watering the lawn.

Any suggestion on a resolution?

Kyle J. · Answer

It's up to you and the tenant, but no matter what - you have to get your agreement written down.  In other words, it needs to be in the lease.  Since you didn't do that, you might want to do an addendum to get it written down now (better late than never).

As for what is "typical", in my area the tenant usually pays for the water.  I don't pay for the water at any of my properties.  I'm not using it, so why should I pay for it?

However, I know that some landlords will pay for the water because in some areas (mine included) a lien could be placed on the property if the tenant fails to make the payments.  Although in this scenario, the cost of the water is usually built into the monthly rent payment so that it almost ends up a wash each month.  If you do that, you should still have it in writing and specify how much water is considered normal or that they are allowed before an overage charge is added.  You don't want them running a car wash at the property or letting all their friends use their water because the landlord is paying for it.  There has to be a limit.

Tim Czarkowski · Answer

Sam Leon

In my part of Florida the tenant usually both waters and maintains their own yard in a SFR.

The laying of new sod is a different issue because of the amount of watering required. A friend of mine had the landlord lay new sod and the landlord paid him some agreed upon amount to make sure it got the water it needed. They negotiated this before move in though.

In my opinion your already doing more than necessary by paying a yard service. Generally if a tenant doesn't water or maintain the yard then it is tacked on as rent. I would sit down with him and try to work something out.

Sam Leon · Answer

It is not an HOA community.  It is an upscale neighborhood in a historic district in Fort Lauderdale, so I wanted to be kept up to the standards of the neighborhood.

Bienes Raices · Answer

@Sam Leon

Is this property in an HOA or an upscale community where lawn appearance is important/mandatory?

For future rentals, if they're in blue collar or "average" areas, I wouldn't invest money in sod unless the lawn is completely barren. In my experience so far, tenants don't knock themselves out caring for the lawn, and the applicants are far more interested in the square footage of the house (and kitchen cabinets) than lawn appearance.

If you have bare spots in some parts of the lawn you could try sprinking Bermuda grass seeds and then hand watering.

Bienes Raices · Answer

Sam Leon

I give the tenants the option of doing the lawnwork themselves or being charged at the market rate to have someone come out a couple times a month to do it (so far no one has opted for the latter).

I haven't put new sod in (and I don't have sprinkler systems) so I don't worry too much about the irrigation, although I specify in the least that they are responsible for the irrigation. I have bahiagrass (plus some weeds) at all my rentals, and while it doesn't look as good as some of the higher end grasses, it always seems to come back to life even if neglected.

Matt Devincenzo · Answer

Michael B. I think you got it backwards Sam Leon is the landlord.

One thing you need to consider is what is your grass worth? if you make the tenant pay and they decide not to keep it up because of the expense then how much does that cost you? Not saying it should be your responsibility but since there isn't anything in writing it's kinda hard to force him to water.

Also I know when I lived in FL (orlando) you could install a separate irrigation meter. It was the same water rate but no sewer charges so it was a little cheaper. If you did that then you could very easily see who was using what water, and if you decided to for future tenants then bump the rent $40 and just pay it. Or depending on the area you may be able to get a reclaimed meter for the property.

Obviously going forward you might need to consider how to prevent these issues with the lease agreements, but at least this should be a minor one to fix to prevent more major ones in the future.

Obviously without knowing specific costs for installing any of these items I honestly don't know what I would do but if you can get it separated out somehow to prevent future problems that would be my best advice.

Michael B. · Answer

I'm not sure 'fair' has a place in negotiations on who pays what. It's a business arrangement. And you've brought a lot in here between watering grass, cutting it, and hurricane shutters.

Call your landlord and meet him for lunch at McDonalds. Talk through the issues of who pays what, then get it in writing.

But for now it comes down to the lease -- are these items covered in the lease (do you have a lease?). If they're not covered then they're the landlord's problem. But you may have to be willing to leave if he's doesn't agree.

But a negotiating meeting over lunch would be best for both of you

Who "TYPICALLY" pays for irrigation of a SFR lawn?

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