I want to split legal responsibility for Mowing and snow removal

I want to split legal responsibility for Mowing and snow removal

Matthew KernPro Member
Rental Property Investor · Owatonna, MN · Member since 2017 · 37 posts · 12 votes

I want to split legal responsibility for Mowing and snow removal between my two duplex tenants in their lease's.

I'm looking for the exact language I can add into my lease's for the future. Does anyone know of the right words or have experience doing this for their Duplexes?

Any help would be great.

Thanks

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Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
8y

@Matthew Kern I had an up/down duplex and one of the tenants was responsible for all the yard and snow. He received a monthly discount on rent to take care of this. If it is a side-by-side, you could split the yard in half. 

Also keep in mind as the owner it is your legal responsibility to make sure it is mowed and snow is removed. You can put whatever you want in your lease, but if the grass is too long, the city will fine you, not the tenant. 

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  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    8y

    Mowing the lawn and snow removal is the responsibility of the tenant 

  • Royal Oak, MI · Member since 2015 · 257 posts · 230 votes
    8y

    I've got a duplex in Michigan and I just have the lower tenant do it. In the lease, it also states that they understand that now all liability lays on them, and that they will coordinate shoveling/salting/lawn maintenance if they cannot keep up with it within the city's requirements.

  • Matthew KernPro Member
    OP
    Rental Property Investor · Owatonna, MN · Member since 2017 · 37 posts · 12 votes
    8y

    Yes that would work for one tenant. But with 2 different units. I was thinking I would need something like.

    "It is equally tenant A and Tenant Bs responsibility to maintain... ect"

    Something along those lines maybe?

  • Matthew KernPro Member
    OP
    Rental Property Investor · Owatonna, MN · Member since 2017 · 37 posts · 12 votes
    8y
    Originally posted by @Shaun C.:

    I've got a duplex in Michigan and I just have the lower tenant do it. In the lease, it also states that they understand that now all liability lays on them, and that they will coordinate shoveling/salting/lawn maintenance if they cannot keep up with it within the city's requirements.

    That is an option I'm considering. Does your lower tenant feel cheated that they have the responsibility though?

  • Royal Oak, MI · Member since 2015 · 257 posts · 230 votes
    8y
    Originally posted by @Matthew Kern:
    Originally posted by @Shaun C.:

    I've got a duplex in Michigan and I just have the lower tenant do it. In the lease, it also states that they understand that now all liability lays on them, and that they will coordinate shoveling/salting/lawn maintenance if they cannot keep up with it within the city's requirements.

    That is an option I'm considering. Does your lower tenant feel cheated that they have the responsibility though?

    Why would they? Their rent rate is in line with their responsibilities. They basically get cheaper rent (per sf) than the upstairs because they are doing the work and taking the liability off of me. I figure lawn and snow would cost about $800/yr so I charge about $70/m in rent less than would if I included it.

  • Matthew KernPro Member
    OP
    Rental Property Investor · Owatonna, MN · Member since 2017 · 37 posts · 12 votes
    8y
    Originally posted by @Shaun C.:
    Originally posted by @Matthew Kern:
    Originally posted by @Shaun C.:

    I've got a duplex in Michigan and I just have the lower tenant do it. In the lease, it also states that they understand that now all liability lays on them, and that they will coordinate shoveling/salting/lawn maintenance if they cannot keep up with it within the city's requirements.

    That is an option I'm considering. Does your lower tenant feel cheated that they have the responsibility though?

    Why would they? Their rent rate is in line with their responsibilities. They basically get cheaper rent (per sf) than the upstairs because they are doing the work and taking the liability off of me. I figure lawn and snow would cost about $800/yr so I charge about $70/m in rent less than would if I included it.

     Makes sense. Thanks Shaun.

  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    8y

    @Matthew Kern I had an up/down duplex and one of the tenants was responsible for all the yard and snow. He received a monthly discount on rent to take care of this. If it is a side-by-side, you could split the yard in half. 

    Also keep in mind as the owner it is your legal responsibility to make sure it is mowed and snow is removed. You can put whatever you want in your lease, but if the grass is too long, the city will fine you, not the tenant. 

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    @Matthew Kern, also if someone slips on "your" snow and ice, they will sue you, not the tenant.

  • Matthew KernPro Member
    OP
    Rental Property Investor · Owatonna, MN · Member since 2017 · 37 posts · 12 votes
    8y

    Thanks for the responses guys.

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