Permission to enter yard?

Question

I have a fourplex and the 2 downstairs units have their own small yards. One of the tenants asked if I could have a big tree in their yard chopped down because she thinks there may be a wasp nest. I hired a gardener to come and remove the tree and peeked next door at the yard and it was covered with tall weeds so I asked them to go and pull out all the weeds and spray weed killer. The tenant found out that all the weeds were pulled and that I did not give him notice about anyone entering his yard. This was in the end of June and on Oct 8, he called the Police Dept to file a report that his garden tools were stolen and he said that I purposely had someone come in to take his things to harass him. Should I have gotten his permission to enter the backyard?

Colleen F. · Answer

We provide yard maintenance to one of our units and unlike when we are going in the unit where we do give notice we do not give notice on coming for yard work. We might knock and the door but we might not if we think they are busy. Figure if we used a lawn service they don't say when they are coming.

It probably depends on what your lease says. Does it mention the yard. Is there anything to suggest you would maintain it if he does not?   In a fourplex when you maintain common area and there are also separate yards I would probably have said something that day like since we are in the process of removing a tree we are going to come over and do xyz.  If he objected I would have said well they we are going to count on you to do it. In any case he sounds like he was annoyed and said nothing.  Now he has been stewing for a while.  I would try to clear the air somehow but since he went to the police accusing you albeit indirectly of  theft that might be a tough one. What did the police say?   I would definitely start addressing the yard in leases.

Edward Burns · Answer

If the yard(s) is only assessable through the unit, then yes you should have provide notice.  However, if the yard is assessable by an outside gate, then no notice would be required IMO.  But a lot may depend on your wording in the lease.

I would not worry about his accusation made to the police.  But I do have to wonder about garden equipment being stolen at the end of the normal growing season.  Or if they were stolen earlier why he just notice them missing now.

I would be very hesitant to renew his lease when it expires.  But if you choose to renew make sure he understands that maintenance of the yard is his responsibility but because it can affect you as the owner (you can fined or worst via the city), you reserve the right to enter and correct any problems in the yard area.

By the way, how many of the weeds were of the illegal nature.

Bill Gulley · Answer

Well, yes, but I wouldn't lose sleep over his claims, he has a lot to prove. Ignore him and don't go over there. The police report is probably going into a file as they are made for insurance claims. Any general harassment claim will be put back on him to prosecute I would think, so you probably won't hear much on that as he knows he could have issues if he can't prove his claim. Sleep well, IMO.

Yiv L. · Answer

If the yard belong to tenant's unit only, I would not enter it without giving him notice plenty of time ahead.