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Tenant Not Mowing the Lawn

2ndstory

2ndstory

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Jan 26, 2010
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I dropped by one of my properties the other day to do some maintenance on the garage and noticed that grass had not been mowed for ages. I asked them if they had a lawnmower and they said no, they had to borrow one when they have cut it in the past.



Few options I am considering.



1. Tell them I will come and cut the lawn regularily or hire a service for a fee that will be added to the rent.



2. Buy an old lawnmower and have them do it.



3. Tell them that they need to come up with a plan to get the lawn cut regularily.



4. ?



What have others done in this or similar situations?



Nik
 
I have it right in my leases that all tenants are expected to share in lawn/garden care and snow clearing and I provide snow shovels, a lawnmower, edge trimmer and rakes. From the start, when I send prospective tenants a Property Information Form through to my meetings with them and move-in inspection time, I try to send the message that I want my tenants to be co-operative and independent. So far, it has worked out quite well.



I don't know what the laws are in Manitoba, but here in Ontario, there is no provision to add it to the rent. However, with a new tenant, you could offer a monthly rebate if these chores are done promptly and properly.



Al Verwey

Penta V Holdings

Newmarket, ON
 
Landlord should be taking care of this, not tenant

Offer as included service and factor asking price of suite to reflect in future
 
Many families that rent a nice single family home want to maintain their own lawn and gardens. They own a lawn mower, rakes, garden hose, etc. I put this responsibility in the lease and discuss it with prospective tenants. Be aware that some tenants may not want to maintain a yard... they may be used to apartment living, they may not be physically capable, etc.



Your tenants must have some "issues" if they can't get a lawnmower. Given this problem, I'd start with Option 2 and give them a lawn mower that won't break down easily. If that doesn't work, then you probably have to take responsibility for the grass cutting as landlord and owner.
 
I charge an extra $100 dollars when they sign the lease, then discount them $100 to take care of the lawn. This way it is documented that they need to take care of the lawn on the lease.
 
fisher1 - and any other poster getting their tenants to mow - Have you thought through what happens when:



They do not do the work and are only paying you the discounted amount claiming the discount structure violates the overriding provincial legislation and the legal rent owing is the discounted amount?



They are injured, or claim injury, and seek compensation from you?



They seek an abatement of rent, or an early end to tenancy, because the lawn is not mowed and this is a landlord's responsibility to provide by provincial law?



The property owner is fined from property standards violations when the tenant does not mow?



The impact to your neighbours enjoyment of the property when your property is not well kept?
 
[quote user=housingrental]Offer as included service and factor asking price of suite to reflect in future


That's really only viable if all landlords in the market are doing the same. If not, the home appears overpriced.



I rented a 1/2 duplex in Waterloo for a few years when I attended UW. It never occurred to me to not mow the lawn or to demand that someone else do it. Kids today. Sheesh.
 
2ndstory, we make it part of the lease agreement that it's the tenant's responsibility. In a couple cases, we've provided a cheap second hand mower to remove any excuses. Most have their own and are proud to maintain their homes. In your case, I'd remind them about their responsibility and recommend a shop that sells reconditioned mowers.
 
Nik, I have a guy here in Winnipeg that does mine for $35 per cut and will go weekly or bi-weekly, your choice. if you want his name, PM me.



Gerry
 
I think you should talk about that issue with your tenant and make a decision that will be alright with both sides. Mowing the lawn, while a monotonous and often annoying chore, has benefit such as the pride of sustaining the appearance of the grounds of one's home. There is also the fact that it will keep one from getting a `no mowing` fine from their city of residence.
 
May this be your only problem ! I admit that I like to drive by my properties and it tortures me that the lawns are miserable. I think it was Don that said the benefit of owning in another city is you don't see this ?!



Most of my properties are townhouses with small lawns front and back. I give them a push lawnmower, 69 dollars on sale from Walmart, one in the garage for the front and one that stays out back. They all ask for a lawnmower. I also give a 50 dollars weed trimmer that most never take out of the box. And my experience has been that they do a lousy job of looking after the lawn. Let's face it, in Ontario you need to be prepared to weed, feed, water etc or it just looks awful. Very few tenants will bother.



I have learned to chill. It's amazing how a tenant can pay on time, look after the interior and not care about the lawn. Most only cut it when their wife nags them.



It's funny, I give them flowers and they water them religiously but the lawn.....nothing !



For the properties that have bushes etc, once a year I send the landscaper by to cut it all back



For the few multi's that I have the lawn and care is more important as it helps in tenant appeal. I agree with Adam and pay someone for this, whether a tenant or lawn guy. And there is always a tenant that will love to water flowers. .



More importantly, when it comes time to sell, I will pay a few hundred dollars to lay dirt and seed. The seed comes up in 7 days and looks great in 2 weeks if put down before a few days of rain.



Got to go, my wife wants me to cut the lawn at home !.
 
Lots of good ideas! Thanks everyone. I went and cut it myself to start with. Planning to have a little discussion with the tenant to see what it is they plan to do to rectify. If they cannot come up with a plan, I will work with them to create one. I'll let you know how it goes.





Housingrental - it is only the responsibility of the landlord if it has been stated in the lease agreement that it is.



Nik
 
Hi Nik

Are you aware of any LTB or court judgement that supports that assessment?





[quote user=2ndstory]

Housingrental - it is only the responsibility of the landlord if it has been stated in the lease agreement that it is.



Nik
 
[quote user=housingrental]Hi Nik

Are you aware of any LTB or court judgement that supports that assessment?





[quote user=2ndstory]

Housingrental - it is only the responsibility of the landlord if it has been stated in the lease agreement that it is.



Nik






In a lease AGREEMENT you state the responsibilities of both parties. When they sign it, they AGREE. If the AGREEMENT states that mowing the lawn is the responsibility of the landlord, it is! If it states that it is the responsibilty of the tenant, it is!



Surely you understand this... No?



Nik
 
Good comments all round.



This is something that should be on every landlords lease agreement. It saves you the hassel down the line where who is responsible for what. From my experience you can never assume everyone at the table is on the same page. Having all tenants responsibilities on the lease is very important, as well as what landloard are responsible. From lawn care to snow removal in the winter.



Also always make sure you know your tenant/landlord laws for your local area of what you can and can not do.



Happy Investing,
 
Hi Nik



I understand what you write and also understand you are not understanding your obligations as a rental housing provider.

Provincial legislation overrides residential leases. If you contract out of a Landlord's required responsibility you are still legally responsible and that portion of the lease contract is not valid.
 
[quote user=housingrental]Hi Nik



I understand what you write and also understand you are not understanding your obligations as a rental housing provider.

Provincial legislation overrides residential leases. If you contract out of a Landlord's required responsibility you are still legally responsible and that portion of the lease contract is not valid.












Refer to below...






Maintenance & Repairs






Sub-Section 4.6




Outdoor Maintenance i.e. Grass, Snow, Gardens
















[/table]





Legislation








s. 7, 11, 59,,114(2) The Residential Tenancies Act

City of Winnipeg Neighbourhood Liveability By-law No. 1/2008

City of Brandon Building Safety and Property Standards Bylaw











Definitions




Routine yard maintenance: includes cutting name="grass_4" id="grass_4">grass, shovelling snow, weeding flowerbeds and gardens, trimming shrubs and controlling weeds in uncultivated areas.



Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied.










Policy



A tenant who lives in a single-family dwelling is responsible for routine yard maintenance.


<><><><>


A tenant living in a townhouse, duplex or triplex, who has exclusive use of the yard or part of the yard, is generally responsible for routine yard maintenance for that part of the yard. A landlord and tenant may agree to other arrangements under the terms of the tenancy agreement.


<><><><>

A tenant of a mobile home site is responsible to keep the site neat and clean.





<><><><>


If there is no existing garden, the tenant must get the landlord`s permission before digging a garden.


<><><><>


A tenant is not responsible for major projects, such as tree cutting. A tenant may be responsible for spraying trees for insects and treating lawns for bugs and weeds if the tenancy agreement covers it. If the tenancy agreement doesn`t cover it, the landlord is responsible.


<><><><>


A landlord is responsible for routine yard maintenance in the common areas of multi-unit residential complexes.


<><><><>


A landlord is responsible to clear snow from the sidewalks and stairs in a multi-unit residential complex, except in areas where tenants have exclusive use of the area.


<><><><>


A landlord is responsible for clearing snow in multi-unit complexes, when necessary, to give tenants access to their parking stalls. The landlord doesn`t have to remove snow from individual parking stalls, unless the tenant and landlord have agreed that the landlord will provide this service.
 
Hi Nik

I'm posting from an Ontario perspective.

It should also be of note that most REIN members do not have unsuited SFH's ( they do not cash flow in most area's).

I'm comfortable with what I've wrote above.
 
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