Provided lawnmower legalities

[Jason Peterson]

What are the legal ramifications of providing lawnmowers to tenants? I have been told multiple things. One, never provide a lawnmower as you are now legally responsible for any accident that may occur. Two, the owner is responsible for the means to keep grass cut during the growing season. I’ve also been told to provide, however, include a bill of sale and “sell” to tenants.... any thoughts?? Thank you all..

[Joe Martella]

@Jason Peterson I have two SFHs that I rent that require the tenants to do landscaping.  I do not cut the lawn or hire a landscaper.  It is the responsibility of the tenant.  I do however, tell the tenants that if they are going to mow the lawn themselves, I will purchase a lawnmower.  A good lawnmower (gas or electric) is about $400.  I don't mind purchasing the lawnmower for their use as a courtesy.  Figured it would get me good will with the tenant.  I most likely would get the electric battery powered ones that are now available.  Those are about $500 (self-propelled),so I don't have to deal with them using extension cords and cutting those up or have to worry about engine maintenance.  If the mower lasts at least 5 years (it should last longer) that is $100 a year or about $8.00 a month.  In 5 years I am going to have rent increase.  If it is an $8.00 increase, the tenant is paying for it.

As for lawsuits, I guess you can get sued or anything, but if I am bring them a lawnmower new in box from Home Depot, and they misuse it, I don't know what the liability is on my part.  I do require my tenants to have insurance.  If they wait too long to cut the grass, then that is their issue to deal with.

I think that sometimes we get lost in the fact that we are renting these properties out to people.  Once you sign the lease, that property is now theirs.  Just as if you rented/leased a car.  The owners of the car give you an agreement to abide by.  If you don't follow it or return the vehicle in poor condition that is what the security deposit or credit card for incidentals are for.  You wouldn't expect the bank/rental car company to call you and say "hey, the car is too dusty, get it washed, or you have too much junk in the trunk, clean it up."  The same is with your tenants.

Our tenants may not live the way we do.  They may like colors that you think are ugly, they may not be as tidy as you would like them to be, but they are paying the rent.  They rented a house/apartment/condo from you - they don't want a landlord as a parent telling them to clean their room.  As long as they abide by the lease and they return your property in reasonable condition, you are going to give them the security deposit back.  I say reasonable because some landlords lose perspective, I think.  

I got a call from a neighbor, who had an argument with my tenant.  It was a spat.  She called me and told me that my tenant's new boyfriend is a dirt bag, is ruining the house, there are holes in the wall and stains on the new carpet.  She went on to say that he threatened her mother (but she did not call the police) and he is making a mess of the yard.  Now the boyfriend lived there for about 8 months and an appraisal was just done 2 weeks before with no issues.  My point is that even if he is putting holes in the wall, I have no way of knowing if that claim is true, but let's say it is true.  The rent is paid every month.  Let's say the lease is up, and all the holes that he made are now patched and the carpet is cleaned.  Are you going to charge them security?  I paint in between tenants anyway, so that is not an issue.  Fresh paint smell is like a new car smell and I believe that makes it more appealing to tenants.

If they keep the grass too high, I don't see it as an image of me.  Sometimes I don't have time to mow my lawn because I am too busy.  When I am not, I mow it every week, but in the middle of renovating a property, I have let the lawn go 3 weeks and I paid for that in time and my back strain.

@Richard HughesAs for tax deductions, I don't need to create a tax deduction that inhibits my cash flow.  I actually don't understand that concept.  Perhaps it makes sense for your personal situation, but I use my cashflow to purchase other properties, tools and equipment (such as a lawnmower) I need to be successful.  The cost of a lawnmower is static, whereas the cost of a landscaper rises and your rents do not cover killing your profits.  Eventually, rent raises will recoup my costs.  I have depreciation that helps me along the way. In fact, talk to your accountant, a quick Google search shows that you can depreciate the lawnmower too, so there is your tax deduction.

We need to keep in mind that there are many different angles when it comes to real estate investing, but it is my opinion that we are providing a service to our tenants.  I am honored to have people rent my house and pay me rent, which gives me nice cashflow every month.

BTW, both tenants elected to get a landscaper.