Single Family Rental Yard Care Dispute

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Single Family Rental Yard Care Dispute

David S.
Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes

Hi, All. I have an SFR that is halfway through a one year lease. My lease stipulates that the tenants are to maintain the yard. It does not go into specifics as to what this entails. They have not been maintaining the yard well at all. Weeds have grown 8-10" tall, leaves are still on the ground from November/December. It appears the lawn has never been edge as the bermuda thatch is 3-4" over the concrete in places. The backyard is completely weeds. I tried to handle this over the phone, and the tenant stated he was "doing his best" and that my expectations were unreasonable. When I pointed out the weeds, he corrected me and informed me that they are "native grasses". He claims to be maintaining it more than he is, and I called him on it saying I had driven by the house weeks apart and seen no change. He then asked if I was "spying on him" (which he later stated really "creeped out" his wife). Our conversation (argument, really) on the phone was a month ago, and there has been no real change.

As I am interested in the condition of the property being maintained, I have offered to hire and pay for a yard service. I realize this is probably overly conciliatory, but I'd like the property to show well when I put it back on the market in 4 months (they will be leaving the state), and it will take a while to get the lawn back. I'm thinking of handling this in an addendum, though he stated that he does not want the hassle of more paperwork. He did not seem remotely appreciative of my offer.

This tenant has been resistant to my policies from the beginning, and seems to take any action on my part as aggressive. One thought I had was to have my wife handle meeting with both tenants (they are husband and wife) to sign the addendum and handle business moving forward. My wife is named on the lease, but did not sign it.

My current thought is to email over the addendum, and if they refuse to sign it to then give them a notice to comply or quit on the basis that they are in violation of the lease due to their neglect of the yard.

Any input is appreciated. Thanks in advance.

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Natalie Schanne
Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
9y
David S. - you seem too emotional about your property's curb appeal. Please consider using your wife to communicate with this person. 1) Do nothing. No landscaping problems are irrevocable. If it looks trashy when you get it back in 4 months, then you can take it off their security deposit and have freshly mulched/mowed areas for the new people. (It won't show well until they've moved out though.) 2) If you want it maintained, it seems this person isn't willing to do it, so you can do it at your expense (but don't go crazy - tell them when the yard people are coming by - like once a month for $50-100). Don't deduct off sec deposit for this. 3) Send them a nice DATED letter with before pictures and current pictures of the house exterior. Remind them of xyz clause in lease and that requires the house exterior to be maintained in the before Condition. Include 2-3 contact numbers and bids from lawn companies (that you've researched), say any of these would satisfy the clause, and ask them to hire one for like $60/mo or $100/mo. Say the rent amount was discounted by $100-150/mo due to them signing clause xyz stating they'll manage the lawn. Tell them that you really appreciate them as good renters who take care of the house and you would hate for them to lose part of their security deposit for emergency lawn maintenance and fertilization to get it back to the before Condition after they move out. Note: I have yard maintenance to be done by the tenant in my rental agreement but tenants HATE doing it. I hired a neighborhood kid for $20 every 2-3 weeks and end up spending a few hours and $200 in craigslist helpers every fall raking leaves or trimming bushes. So next lease, build it into your rental rate and contract for a lawn care service. (With caution, if they ask, offer the next tenant a partial / $25-50/mo discount every month he's willing to do it himself with your/his equipment. Make clear repercussions in the lease such like Rent is $1500 with $50 discount applicable to every month the tenant texts/emails a dated picture of the lawn by the 28th of the month and you OK. This is time intensive though).
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  • Michael Herr
    Peoria, IL · Member since 2011 · 365 posts · 182 votes
    9y

    If the tenant cu

    0Reply
  • Al Williamson
    Rental Property Investor · Sacramento, CA · Member since 2011 · 2k+ posts · 1k+ votes
    9y

    Wow, this might be swinging a bit out of control. The yard is important, but does it rise to a the level...

    0Reply
  • Dede Christensen
    Property Manager · San Mateo, CA · Member since 2010 · 30 posts · 6 votes
    9y
    The tenants won't help. Clean the yard at your expense.
    0Reply
  • Natalie Schanne
    Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    9y
    David S. - you seem too emotional about your property's curb appeal. Please consider using your wife to communicate with this person. 1) Do nothing. No landscaping problems are irrevocable. If it looks trashy when you get it back in 4 months, then you can take it off their security deposit and have freshly mulched/mowed areas for the new people. (It won't show well until they've moved out though.) 2) If you want it maintained, it seems this person isn't willing to do it, so you can do it at your expense (but don't go crazy - tell them when the yard people are coming by - like once a month for $50-100). Don't deduct off sec deposit for this. 3) Send them a nice DATED letter with before pictures and current pictures of the house exterior. Remind them of xyz clause in lease and that requires the house exterior to be maintained in the before Condition. Include 2-3 contact numbers and bids from lawn companies (that you've researched), say any of these would satisfy the clause, and ask them to hire one for like $60/mo or $100/mo. Say the rent amount was discounted by $100-150/mo due to them signing clause xyz stating they'll manage the lawn. Tell them that you really appreciate them as good renters who take care of the house and you would hate for them to lose part of their security deposit for emergency lawn maintenance and fertilization to get it back to the before Condition after they move out. Note: I have yard maintenance to be done by the tenant in my rental agreement but tenants HATE doing it. I hired a neighborhood kid for $20 every 2-3 weeks and end up spending a few hours and $200 in craigslist helpers every fall raking leaves or trimming bushes. So next lease, build it into your rental rate and contract for a lawn care service. (With caution, if they ask, offer the next tenant a partial / $25-50/mo discount every month he's willing to do it himself with your/his equipment. Make clear repercussions in the lease such like Rent is $1500 with $50 discount applicable to every month the tenant texts/emails a dated picture of the lawn by the 28th of the month and you OK. This is time intensive though).
    1Reply
  • David S.
    OP
    Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes
    9y

    Thanks for the input. Yes, I am probably too emotionally entangled on this one. My management style thus far has been to maintain personal contact. I pick up rent in person, perform all repairs (that I can) myself and try to build rapport with my tenants. This tenant is not a good fit for this style, he has bristled against the personal rent pickup from the beginning (even though I informed them of my policy prior to them filling out an application) and generally passive-aggressively opposed my policies (walk through checklist for one) from day one. This is my fault for renting to them in the first place. I saw the red flags (more like yellow flags as they are by no means nightmare tenants) but was eager to get a lease signed and move on, and they were a bit pushy in wanting to quickly secure the lease.

    I'm thinking I'll go ahead and pay for the yard care, let them mail their rent checks from now on, and possibly ask my wife to handle any further personal contact that is needed. Yard care is not cheap, it is a big yard and the quotes I've gotten are $80-$100 for bi-weekly service, plus $200 for initial clean up and lawn redevelopment (weed control, fertilizer, etc). 

    The one remaining question I have then is should I address the yard care policy change in a lease addendum (along with the rent check delivery change)? Part of me wants to document the goodwill I am expressing in appeasing these people. The other part of me thinks that I am ceding too much ground in doing so. 

    0Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @David S. Unless your renewing them another year, I would let the lease addendum go. They know what you want, they don't want to do it, and no one in their right mind is going to sign it if they don't have to. At a lease renewal they know they need to sign it or move. You have zero leverage in getting it them to sign it now.

    You will be laughed out of court if you try to evict because weeds are 8" and because they didn't edge. I was expecting you to complain because they were 8 feet tall. 

    We take a lot of before pictures of the yard. We tell the tenants that we expect it back in as good or better condition before it needs to be listed for rent. While they live there, so long as they keep it up good enough for the city (and/or HOA) we are happy. If they get fines from the city or HOA over the yard they pay it plus a management fee. That's all in the lease. If they don't fix the yard and move out in leaving it in worse condition, it comes out of the security deposit.

    0Reply
  • David S.
    OP
    Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes
    9y

    Thank you for your input. It is valuable to gain another perspective.

    0Reply
  • Chuy Gonzalez
    Investor · Long Beach, CA · Member since 2012 · 313 posts · 190 votes
    9y

    If they are paying you on time, and everything is otherwise ok, I'd let it go. When you rent again, hire a landscaper, and tack it on to your monthly rent. There's no sense in getting worked up about this...save that for your evictions, lol.

    0Reply
  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y

    Ever drive down the street and comment, WOW, that must be a rental!

    Happens almost every time the tenant is burdened with yard maintenance.

    IMO, curb appeal IS important as that impacts marketability, so I hire the yard care person and write it off.

    0Reply
  • David S.
    OP
    Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes
    9y

    @Jeff B.

    Yes, this is exactly what I don't want. I know all the neighbors and have good rapport with them, and feel obligated to help maintain the look of the neighborhood to the extent that I can. 

    The only reservation I have with providing yard care as part of the lease moving forward is that I will likely lower my cash flow in doing so. Prospective tenants seem to look only at the advertised price. Most don't seem to factor yard care in, and most of my competitors don't indicate in their ads if yard care is included in the rent price (I do).

    0Reply
  • David S.
    OP
    Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes
    9y

    I'm now wondering if I should let the yard go entirely until this tenant is out. Even after offering to relieve him of yard duties at no cost to him he remains combative.  He texted me asking whether I'd hired a yard guy or not so I could "stop harassing him about the yard." I told him he needs to keep pets off the lawn for an hour after the gardener comes for the first time, and he asked if they would be spraying "toxic chemicals." 

    He seems to be looking for a reason to be upset at this point, so I'm wondering if I should just give him space and deal with the yard on the back end.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y

    I would let the yard go until 1-2 months before they leave and you are showing for new tenants unless of course  there is some vegetation you will permanently lose as a result.  Otherwise in prep for new renters I would get a yard company in there. Put them on electronic payment if they don't want you picking up the rent, to me the personal pickup is a bit much but everyone has their own style. Give a notice of non-renewal in ample timeframe.

    1Reply
  • Account Closed
    Investor · Allentown, PA · Member since 2015 · 101 posts · 69 votes
    9y

    I also have a more personal relationship with my tenants.  I also pick rents up in person (gives me face time at least once a month to check for any issues they need addressed, and I also get to see the unit close up).  Besides the fact that these tenants aren't respecting the terms of the lease that they signed, they just don't sound like a good fit for you.  I don't think you like them.  I'm just reading your post, and I don't like them. Ride out the lease, give them their notice and cut them loose.  

    0Reply
  • David S.
    OP
    Real Estate Investor · Fresno, CA · Member since 2012 · 11 posts · 0 votes
    9y

    Thanks for the input. Yeah, bottom line they aren't a good fit. Although I recently had a brief interaction with the wife, and she was very personable and respectful. That was a bright spot in an otherwise frustrating relationship.

    Combining your advice, I think I will try and minimize face time (which should inherently minimize conflict), have the yard cleaned up, collect rent (impersonally) and then find a better fit in tenants when they leave (which they will certainly do for work reasons). 

    Lesson learned. I was busy with other business at the last vacancy, had a huge flood of early interest (a lot of them that were seemingly qualified), these people were persistent, had great income and credit, so I signed them up and took the listings down.  More patience next time...

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