Tenants divorcing, wife unable to care for lawn. Advice please.

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Tenants divorcing, wife unable to care for lawn. Advice please.

Emilio Garibaldi Jr
Member since 2018 · 8 posts · 5 votes

This is my first rental property and trying to learn the ropes. I would appreciate any feedback.

The property is rented for 1200 a month. Husband, wife and 3 kids.  They are getting divorced and husband has moved out. In the lease, they were responisble for certain items such as the maintaining of the lawn, the husband use to cut the grass with the riding lawnmower because the propery is close to an acre. Lawn has not been cut in over a month and this is rainy season in Florida. I am thinking that the property might be too much for the wife to handle by herself. My question is how should i approach this.

1. Eat the cost of lawn service myself.

2. Explain to tenant lawn is in the lease as being taken care of by them (which i believe she might not be able to afford lawn service).

3. Have the lawn cut just this once and tell her to up keep it from here on out. 

4. Give her some type of ultimatum.  

As i said this is my first rental and i am learning as i go. I want to approach this the right way but am conflicted on how.  I would greatly appreciate some thoughts on this issue.  

Thank you in advance.

-Emilio

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Peter M.
Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
8y

Talk to her first and explain the situation, get her side of the story. Just go by your lease.  If it says they are responsible send her a cure or quit letter which basically says "you are in violation of lease paragraph x. If the lawn is not mowed and maintained within x days you will be in default." 

Also call the husband. His name is on the lease as well. Just because he no longer lives there does not mean he is no longer responsible (unless you removed him from the lease). 

It seems a lot of people on here are so quick to jump to sending letters and eviction. Most people are genuine and just talking to them can usually clear up an issue before the courts are involved. 

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

    Tell her to call a lawn service and let her pay for the mowing .

    2Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y

    This is lunacy .is She too good to ride on a mower or push mow ? What about the kids ? They can’t help with the yard work ? explain to her that regardless if her man is there or not she must still care for the yard because she is on the lease and the lease states she must do it ! If she is too lazy to mow tell her you can recommend a local landscaping company that she can pay for to come do it . DONOT pay for that service yourself ! It’s not your responsibility . If you don’t nip this in the bud  now she is going to play “poor me “ single mom trying to make it in a mans world crap . Id recommend you better toughen up now or these people will run you over bro . Are you going to be plowing and shoveling her snow too or taking out her trash or pumping her gas for her ? Geez man ,Who is the owner of the house ? You or her ? She needs to adjust and do her part in life . If she still refuses after you explained her role . Give her a written notice she is not complying with the lease and  if it’s not done in so many days you will be forced to call a landscaper to do it and you’ll take the bill right out of the security deposit till it’s gone . That ought get her behind the wheel of the cub cadet ! You can’t allow these folks to destroy your property and let it go to crap 

    7Reply
  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    Talk to her first and explain the situation, get her side of the story. Just go by your lease.  If it says they are responsible send her a cure or quit letter which basically says "you are in violation of lease paragraph x. If the lawn is not mowed and maintained within x days you will be in default." 

    Also call the husband. His name is on the lease as well. Just because he no longer lives there does not mean he is no longer responsible (unless you removed him from the lease). 

    It seems a lot of people on here are so quick to jump to sending letters and eviction. Most people are genuine and just talking to them can usually clear up an issue before the courts are involved. 

    9Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y

    Is it in your lease that they mow and if they  don't  you will charge it back to the tenant?  I would send a violation of lease notice for failing to mow. Followup with a phonecall  and if she doesn't mow charge it to her.  

    2Reply
  • Emilio Garibaldi Jr
    OP
    Member since 2018 · 8 posts · 5 votes
    8y

    Yes, It is on the lease that they were suppose to cut the grass. He is no longer on the lease and the children are young. The lot requires a riding lawnmower that she no longer has.  

    So say i speak to her and she says she is unable to cut the grass and unable to afford the lawncare which in my part of town runs between 50-80 a month should i send her a violation as @Peter M. and @Colleen F. has stated?.  I'm just trying to understand what my next move should be and what my answer would be to her rebuddle of not having the funds to afford it.

    Thank you

    -Emilio

    0Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    8y

    Explain to her that it is her problem to cut the grass plain and simple .  She can afford it , I am sure she can find the money for cable tv and internet .  If the grass isnt cut send her a notice of violation .

    3Reply
  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    It depends what you want to do. If you want to keep collecting rent and not deal with it then let it go. If there is no code enforcement it will die in the winter and just look bad until then. If the city cites the property, you pass the cost onto her but if she cant afford it you will have to evict her anyway. 

    But if she cannot afford 50-80 per month (which seems very cheap for a 1 acre lot by the way) then you will be having rent issues shortly. You should probably not ignore it but don't mow the lawn yourself unless you charge her for the service. 

    It also doesn't really matter what her rebuttal is. The lease has it spelled out in black and white. She mows or she finds a new place to live. If you want to let her out of her lease because of it thats a different topic. Just understand she is going through a rough time now so try to empathize just don't let it impact your business. Try to find a solution, maybe she has a relative that can help out, maybe a neighbor. 

    3Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y

    I don’t know her money situation but it’s fair to say if she can continue to pay 1,200 in rent and afford to continue to pay the utilities along with iphone car payment and satellite tv then she can pay another 50 a month to uphold her responsibilities in the lease by hiring a local teenager to cut the grass  . A older decent riding mower can be purchased for a couple hundred dollars on Craigslist so that’s no excuse to allow the place to go to heck 

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y

    Me, I would send the violation first and followup with the phonecall.  Set a procedure that if you don't follow the terms of the lease you get a notice to cure.    If you don't hear from her and the lawn is not mowed call her and let her know she is going to be billed if you need to mow it.   If she calls you explain that it is your standard procedure, be nice but firm that regardless of the situation the lawn needs to be mowed. If he is off the lease that was something they should have considered when he was removed.    You don't need to get into the divorce and trials of her life except to say there are people you can pay to mow your lawn if you can't do it yourself. If her rebuttal is she can't afford it, then she really can't afford the house.  Start the move out conversation. This is reality, if she can't pay this is not the house for her.

    1Reply
  • James Mc Ree
    Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 938 votes
    8y

    I wouldn't get involved in the details of why the lawn isn't cut.  They don't matter.

    Talk with your tenant first.  She may tell you you how hard life is.  Then, ask her for her plan to cut the grass.  You might want to have a few lawn service phone numbers handy when you call.  Get a commitment from her to have the grass cut by a date or to make arrangements with a lawn service by tomorrow.  Tell her that you will make these arrangements and charge her security deposit if she can't or doesn't meet your date.

    Follow-up with a letter to your tenant describing the issue, your conversation and your agreement.

    2Reply
  • Emilio Garibaldi Jr
    OP
    Member since 2018 · 8 posts · 5 votes
    8y

    I thank you all for the feedback.  I will take all of your input and make my decision tonight on how i will go forward with this. This is my first rental and it use to be my home, I am trying to rememeber that this is a business and to not have emotional connection to it, but it still is my asset and i don't want to see it go down the drain. I am glad I chose to confide in the biggerpockets community, you guys have helped me and gave me some things to reevaluate on how i rent to tenants.

    Thank you once again

    -Emilio

    1Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y
    As other mentioned : if she starts babbling on and on about how she was mistreated and how awful her husband was to her then stop her right in her tracks . Remember this is business not personal . Tell her Your only concerned about getting your property in order . Kindly tell her you don’t want nor need to hear the details or circumstances surrounding the separation / divorce . Redirect and Keep refocusing on the grass needing cut . Keep the conversation short and Don’t get wrapped up or meddle with tenants personal affairs . You must settle this in your mind :This is business and there is no room for emotions in business .
    3Reply
  • Chris Szepessy
    Catskill, NY · Member since 2018 · 636 posts · 668 votes
    8y

    I'm obviously the minority here, but if she's a good tenant I would probably just cut the lawn myself. It's your only rental right now and I know that as you scale and get bigger it may not be feasible to cut/maintain all your lawns. But in this case if she were to move out or you evicted her and you have a month of vacancy, you'd be losing even more money and time. I understand that you should follow the lease so she doesn't start asking for you to do everything for her, but I feel a little compassion goes a long way. 

    In the future maybe just include lawn care, but charge for it with a higher rent.

    3Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    8y
    Why isn’t the husband still on the lease? Did you release him from lease? Call her and explain the grass has to be cut. I would not take the financial hit yourself. Divorce is tough, but it isn’t your divorce to deal with. It may be that you think Long and hard about finding a new tenant at the end of the lease. Some people need to be told they can’t afford their rental.
    1Reply
  • Mike McCarthy
    Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    8y
    I would try to work out a mutually agreeable solution. If it were me, I’d talk with her and let her know that you’ll hire a lawn service for $60 (or whatever it is). You’ll cover $20, and you’ll bill her $40. Sure, it’s some money out of your pocket, but you’re keeping the property nice and working with her. Hopefully when the next issue arises, she’ll work with you too.
    1Reply
  • Redgy Saint-Germain
    Developer · Boston, MA · Member since 2017 · 243 posts · 135 votes
    8y

    @Emilio Garibaldi Jr

    I would talk to her and give her some options :

    1 - She can continue with the property maintenance as agreed upon 

    2- You can call a mowing service for her and she can pay for it 

    3 - You can pay for the maintenance and increase her rent

    Let her pick what works best for her but either way your lawn needs to be done .

    3Reply
  • Jerry Jenkins
    Realtor · North Las Vegas, NV · Member since 2018 · 37 posts · 43 votes
    8y

    The real problem I see here is not about grass.....quit focusing on grass, cost to cut, her divorce, being nice or not.  The REAL problem is that as the owner of rental property you need to shift your mindset from "this was your home' or tenant has problem A, B, C, D, all the way to Z.  

    You have now started a BUSINESS and the business needs to follow a clear, planned, managed method of operation.  You have terms in the lease that are legally required to be followed by ALL parties and if you do not shift to a business owner mindset from your current "past home" you will not manage your business in a professional manner.  This time it is divorce, small kids, and loss of riding mower.  Next time it will be job loss, or unexpected car break down, or job loss, or on and on and on.

    The REAL question is are you going to manage your business in a professional manner by following and enforcing the terms of your lease or are you going to fall for every sob story a tenant gives you as an excuse for violating the terms of their lease?  Being "nice" is going to cause you far more headaches and expenses than ANY other catogory of expenses a rental property has.

    I have had rental properties for 30 years and EVERY time that I allow a tenant to move in without full deposit, accept late rent,  agree to wave late fees, unmoved grass, etc. it ALWAYS grows in to a bigger more expense problem for me AND the tenant.  Good tenants fix their own problems BEFORE they become your problem; let tenants create problems for you does NOT get better over time and only teaches the tenant that you bent once so they expect you to end again, and again, and again.

    Your business, your choice on how you manage it.

    2Reply
  • Jackson Pontsler
    Flipper/Rehabber · Salt Lake City, UT · Member since 2016 · 211 posts · 174 votes
    8y

    @Emilio Garibaldi Jr I understand why you brought up the question.  You're torn between wanting to be a good guy and not being taken advantage of.   NO MATTER YOUR DECISION YOU WILL NOT BE ABLE TO PLEASE EVERYONE.  These hard decisions come because you are now in a buisness and not only that you're self managing your properties.  

    Legally and logically you can and should send her a notice of default and if she continues to default keep charging (out of the security deposit if that is written in the lease) but eventually this may lead to eviction.  WHICH IS A PAIN TO DO BY YOURSELF!!!!

    THERE IS A BIG QUESTION YOU NEED TO ANSWER

    1. IS IT WORTH KEEPING THEM AS TENANTS?

    Maybe its hard to get good tenants, maybe this is their only issue, or maybe they aren't good tenants and this is just another nail in the coffin.  You need to determine if $80 a month is worth keeping them or not.

    Here in the forums you will probably hear keep charging them till they are evicted.  In the outside world you will be told to have compassion because they are having a hard time in life and you can afford $80 a month.  This is when you decide which side of the line you will be on.  

    There maybe other options that can be worked out that may compensate for that $80 but I can't judge it from this far or by the limited number of details provided.

    1Reply
  • Miguel Dormany
    Tampa, FL · Member since 2015 · 145 posts · 47 votes
    8y

    Hi @Emilio Garibaldi Jr. I agree with @Colleen F. in that if it's in the lease then you must follow lease terms. This time it's this and what about another issue. Remember to operate like a business you are. 

    1Reply
  • Rachel H.
    San Antonio, TX · Member since 2009 · 3k+ posts · 1k+ votes
    8y

    @Emilio Garibaldi Jr Follow what you've put in your lease. And put everything in writing. Good luck! 

    0Reply
  • Jacob Villalobos
    Whittier , CA · Member since 2013 · 176 posts · 96 votes
    8y

    1. Raise Rent 

    2. Pay a gardener  

    3. Make a profit   

    2Reply
  • Emilio Garibaldi Jr
    OP
    Member since 2018 · 8 posts · 5 votes
    8y

    Hello, everyone,

    I used the suggestion of @Peter M. and a few others that some of you had. I explained to her in a concerned and genuine tone that the lawn could not be let go and it was written in the lease that it would be taken care of by them. I understood that he no longer was living there and she no longer had access to a riding mower. I explained that i use to have a law service that cut the lawn twice a month for $60, and that if she would like to use that service. I also gave her the option of paying for half the service for one month, just to get the yard cleared then if she would be able to handle it from there. I also explained that if the yard continued on without being cut i would be fined by the county and would have to charge her those fees. I mentioned that this was a partnership and i want to see her succeed in keeping the property stellar because i knew thats how she wanted her and her kids to live in a beautiful home and a well kept lawn for them to play on. (I tried to easy the tension of what could have been a rough situation). She agreed and said that it would stretch her a bit to also add lawn service to her bill, also she stated she was speaking with a co worker who could either bring their riding mower over and she would work out a deal with them. I said that the grass would have to be cut by the weekend and i would need to be notified otherwise we would have to go with one of the other options. As it is my first rental i am still learning the ropes and as @Chris Szepessy stated she has always paid the rent on time without issue now for over 6 months and it woudl really hurt to lose a good paying tenant, so i wanted to come to an even ground which i knew i should have done from the begining and will do from now on is include lawn service with the property ad include that in the rent. I really hope that she follows through this week i will keep everyone posted on that. I am also trying to rememeber that this is a business and i need to be more firm on what was written on the lease regardless because it will come back to haunt me later if i am too easy on it. I am working on getting the funding for a duplex now and i need to get a grasp on certain things to make them easier for me in the long run. Including lawn care in my leases from now on i think is the way to go, especially here in Florida in the rainy season. 

    Thank you for all your suggestions.

    -Emilio

    3Reply
  • Peter M.
    Rental Property Investor · DFW, TX · Member since 2013 · 953 posts · 910 votes
    8y

    Great job Emilio. I think that was a good way to handle it. Hope it works out. 

    1Reply
  • Huiping S.
    Homeowner · Tampa, FL · Member since 2016 · 358 posts · 65 votes
    8y
    Can a woman move a lawn mover?! 😊
    2Reply
  • Joseph M.
    Flipper/Rehabber · Los Angeles, CA · Member since 2009 · 1k+ posts · 732 votes
    8y
    Emilio Garibaldi Jr hope it works out well . I don’t know if you’ve seen the inside of the home or spoke to her over the phone instead but it makes me wonder about things inside the house . Small issues can grow into larger ones . Tenants sometimes don’t want to mention certain issues to the landlord . Not sure if you have done or plan to do any occasional interior inspections ( with notice ) or if that is written into your lease .. but something to consider . I’ve heard of landlords offering to change the AC/furnace filter for example in order to see inside the home too . Best of luck .
    2Reply
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