A tenant not cleaning the front yard of the house in HOA community.

[Seung Don Hong]

I have a tenant in our rental property, single family house in HOA community in Gilbert AZ. The neighborhood is in a nice area. He trims bushes in the front yard, but doesn't pull weeds. Weeds are growing everywhere and it needs to be cleaned. I have been communicating with our tenants through texts. He doesn't respond to my text usually. I emailed him regarding the yard more than a week ago and I didn't receive confirmation email. The yard has more weeds now. He is not communicating with me and not cleaning the yard. I am planning to mail him a certified letter of requesting to clean the yard. Could any of you please help me out regarding what information specifically I can write on the letter? The lease agreement states that maintaining yards is responsibility of the tenant. "Please remove all weeds in the front yard by 2/5/2023. Otherwise, I will have to hire someone to clean the front yard, and charge you the cleaning fee on top of the rent." What do you think about this content on the letter? What do you do when you don't receive the receipt from the post office after mailing the certified letter. If he choose not to answer the door, nor go to post office to pick up the certified letter? Claiming he never received such notice? This tenant has never paid rent on time for the first and 2nd month of lease either. Therefore, it's questionable for me to be able to collect the yard cleaning fee if I have to hire someone to clean and ask him to pay for it. The yards need to be cleaned. Is it time for me to look for a property managing company to take over the situation before it gets worse? I have a contact of eviction attorney and I already talked to the attorney ready to proceed eviction process if he doesn't pay rent by 5th on any month. I was about to proceed with the attorney in the beginning of January, but he paid rent with some late fee on the 5th. Any help would be appreciated. Also if you happen to know reliable property managing company in Gilbert AZ area, please let me know. Thank you in advance.

[Richard F.]

Aloha,

In your lease, did you define "maintaining the yard" (how often; maximum height; fertilizing/weeding; shrubs and trees too, or not; irrigation; etc) ? Did you include a copy of the HOA rules that are applicable to ANY Resident, and state the tenant would be responsible for any fines or other actions resulting from NOT following HOA rules?

It is difficult to "enforce" an issue that does not have reasonable clarity. Ultimately, as the Owner, the HOA will hold you responsible. You should consider hiring a regular yard service to keep peace with the HOA. If the tenant is late on his first two payments, you probably need to revisit your screening process also. This is not a good sign for the future performance of this tenant.