ten. not watering plants

The lease specifies that tenant must water the landscaping, which consists of only several large street-side planters, and weed about 20 sq feet of street sidewalk. Lately, just like last summer, she simply is not doing it and the plantings my landscaper put in are dying. If she continues to neglect despite repeated admonitions from me, should I hire someone to do it and bill her? As a last resort, can I use her security deposit? She has another 10 months on the lease and I know she is looking to buy a place. --208.58.xxx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 19, 2016 3:11 PM
Message:

Have your lawn care person do it. Next time the unit turns over, Remove the plants --50.107.xxx.xxx

ten. not watering plants (by Laura [MD]) Posted on: Jul 19, 2016 3:15 PM
Message:

Sadly you have to pick your battles in life!

--108.48.xx.xxx

ten. not watering plants (by Marie [MO]) Posted on: Jul 19, 2016 3:20 PM
Message:

I'm not an attorney but a landlord who was a tenant at one time. As a home owner, I do garden and take pride in weeding and caring for my gardens. As a former tenant, I didn't want to have anything to do with maintaining the plants, shrubs or grass.

I think your tenant is typical. You let her skate last summer doing nothing and so, she is doing nothing this year. Ask yourself if this is a hill you want to die on. If she is a good tenant other than this, don't lose sleep over this. Don't create a problem.

Planters - you can refill them seasonally with drought tolerant plants, or refill them with artificial plants, or refill with colored rocks, shells etc. or get rid of the planters.

Sidewalk weeds - you can spray weed control chemicals, or you can resign yourself to weedy sidewalks, or replace the green with landscape rocks.

I would let the tenant know before you make any drastic changes--just present it as a win-win for both of you. She (and you) will have beauty with little muss/fuss.

When you decide to sell the property, you can re-plant anything you like to 'dress it up' the way you want. But as a rental, let 'little or no maintenance' be your guide. This is my opinion only. --98.156.xxx.xx

ten. not watering plants (by melinda [MD]) Posted on: Jul 19, 2016 5:45 PM
Message:

Have to agree with you. Most tenants want nothing to do with landscaping. Consider yourself lucky if the mow the yard. I no longer add pretty plants. They just do not survive. --24.233.xxx.xx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 19, 2016 6:42 PM
Message:

You could serve her with a 3-day notice for compliance or possession. If it's in the signed lease, she agreed to it, right? --73.243.xx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 19, 2016 6:47 PM
Message:

It being in the lease doesn't mean anything if the judges don't recognize it and/or strike it from the lease.

I couldn't imagine any judge in their right mind kickin a tenant out because they didn't water the daisies.

But we are taking about DC... --50.107.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 19, 2016 6:51 PM
Message:

And you know that the judge won't recognize it? And you know that it will even get that far, or that the tenant won't be pushed into action by the demand letter? --73.243.xx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 19, 2016 6:58 PM
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I'm not saying that it's going to get that far, but if it does and the tenant calls your bluff, you better be ready to present your case to the judge. If you post that notice and do nothing, you've now lost control even more. --50.107.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 19, 2016 7:06 PM
Message:

That's up to the landlord. I would definitely follow up with eviction proceedings if the tenant didn't comply. Some landlords don't enforce their leases, others do. Hardly surprising.

I would welcome going to court if only to find out what's unenforceable. I try not to put illegal language and unenforceable clauses in my leases.

Or I would hit their security deposit at move-out, which would happen in 10 months.

--73.243.xx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 19, 2016 7:06 PM
Message:

That's up to the landlord. I would definitely follow up with eviction proceedings if the tenant didn't comply. Some landlords don't enforce their leases, others do. Hardly surprising.

I would welcome going to court if only to find out what's unenforceable. I try not to put illegal language and unenforceable clauses in my leases.

Or I would hit their security deposit at move-out, which would happen in 10 months.

--73.243.xx.xxx

ten. not watering plants (by Hippd [KY]) Posted on: Jul 19, 2016 8:22 PM
Message:

Come on now, you expect your tenants to water plants? That is never going to happen over the long haul. Why even have them to begin with? Sounds like your creating unnecessary stress. Ditch the plants. --74.132.xxx.xxx

ten. not watering plants (by Robert J [CA]) Posted on: Jul 19, 2016 9:42 PM
Message:

I would just install an automatic watering system. --173.55.xxx.xx

ten. not watering plants (by Janet [KY]) Posted on: Jul 19, 2016 9:58 PM
Message:

Renters just aren't going to go out in the heat and

fight the mosquitos to water plants, especially if they

are paying the water bill. They think they can just tell

you they did and when the plants die you will think it is

from something else.

I only have pretty plants cause I do the watering.

--74.236.xxx.xxx

ten. not watering plants (by RB [MI]) Posted on: Jul 20, 2016 4:24 AM
Message:

Tenant mentality =

I do not think that I should have to go to work and

then come home to work. --24.180.xxx.x

ten. not watering plants (by Jeff [CO]) Posted on: Jul 20, 2016 4:33 AM
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The point being missed here is that the tenant agreed to do this. --73.243.xx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 20, 2016 4:52 AM
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Jeff, the greater point here is that the original poster should have never made this expectation of the tenant.

My tenants agree to pay by the first and we all know how that sometimes works out. --70.192.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 20, 2016 5:00 AM
Message:

NE, that's not the greater point. If the tenant agreed to do that - and in this case they did - and it's not an illegal or unenforceable lease clause, and it's important to the landlord, they should take whatever legal actions they need to in order to force compliance. --73.243.xx.xxx

ten. not watering plants (by Q [NE]) Posted on: Jul 20, 2016 5:21 AM
Message:

Choose your battles.

I have found over the years that if I can get my tenants to do a half decent job mowing im ahead of the game. Asking them to weed and take care of plants that they don't give a horse's patootie about is an uphill climb.

I try to make all of my places as maintenance free as I can. Flower gardens look nice, but are hardly maintenance free.

Ask yourself, would you be eager to weed and water something that does not belong to you?

Q-Out... --173.240.xx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 20, 2016 6:01 AM
Message:

Karen, what you may want to do here is get rid of the plants and redo the landscaping when you list the property for sale. --70.192.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 20, 2016 6:15 AM
Message:

NE, um, I wouldn't sign a lease agreeing to do that kind of work if I didn't want to do it. But that's just me.

How about if you had a house that you rented to someone and lawn mowing was their responsibility, but they didn't feel like doing it. Would you remove the lawn or hire a lawn mowing service? Maybe you would, but I wouldn't.

I do choose my battles. Lease violations are a battle that I am willing to fight vigorously. My tenants know that I enforce ALL lease provisions. I also give them great service. The result: Very few problems. --174.47.xxx.x

ten. not watering plants (by Hippd [KY]) Posted on: Jul 20, 2016 6:53 AM
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Jeff(CO) You would actually take legal action over watering plants?. Mowing the lawn and watering plants are two entirely different things. Having a lawn with a house is the staple. Having plants at a house is completely optional. Either way this issue is pure hilarity, unnecessary and selfish. --74.132.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 20, 2016 7:03 AM
Message:

Hippd, you're obviously not a landlord, but I'll engage just a little. "Hilarity, unnecessary, and selfish!"

Too funny!

--174.47.xxx.x

ten. not watering plants (by Karen [DC]) Posted on: Jul 20, 2016 7:08 AM
Message:

Thanks for all replies. Yes, the tenant agreed to it and we are talking about a couple of large planters against a house on a prominent corner in an expensive neighborhood. This tenant is wealthy and has a live-in nanny who could do it. It would take max. 10 minutes. At one time she paid someone to do it. She is wealthy and this is an expensive house. Installing an automatic system is not possible. I will definitely not expect future tenants to do it and just work the expense of hiring someone into the rent. I'm three tenants in and it has always been an issue. Live and learn. --208.58.xxx.xxx

ten. not watering plants (by NE [PA]) Posted on: Jul 20, 2016 7:13 AM
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As you said, it's always been an issue. I include lawn care on SFH's in the lease. Done and done. --70.215.xx.x

ten. not watering plants (by Hippd [KY]) Posted on: Jul 20, 2016 7:22 AM
Message:

Tough love, the truth hurts sometimes. --74.132.xxx.xxx

ten. not watering plants (by RR78 [VA]) Posted on: Jul 20, 2016 7:51 AM
Message:

I agree you should have plants that don't need water once they get established. Just so you don't have this problem to deal with over and over again.

I am in Va. and have plenty of nice landscaping that does not need watering. Just the grass.

Sounds like a high end place. So would not hurt at each turn over to spend a few minutes and some cheap flowers for staging. Just only expect them to last until you get it rented.

In the mean time, tenant did agree to water.

And sounds like you wish to enforce. So you need an Agronomist or you Landscaper to go by and do an inspection. And give you a statement that's states why they are dying. Also a estimate on replacing the exact plants if needed.

Now you are safe to deduct from the deposit or prove damages in court.

Of course first send a letter to tenant so they may try to correct the problem. Also a copy of your evidence so they can't be surprised by the cost to replace.

You have to decide if this is worth it.

You can't expect a Judge to guess. --73.40.xx.xx

ten. not watering plants (by Wilma [PA]) Posted on: Jul 20, 2016 8:08 AM
Message:

Tenants just don't care to water, weed, trim, etc. The most I can expect is for them to mow the grass. At sfhs, I use soaker hoses on timers during dry spells like we had from June-July around here. But then, we pay the water up to a certain usage amount.

I also spray the weeds periodically, and am considering the season-long barrier-type weed spray so that I can maybe be once and done. --71.175.xxx.xxx

ten. not watering plants (by AllyM [NJ]) Posted on: Jul 20, 2016 12:32 PM
Message:

The tenant is paying you rent and you are making her your employee. That is not a good strategy. Get someone over there right away to do this work and pay them.

In a few months increase her rent a bit to cover the cost you did not expect or just deduct the cost from your taxes.

I have never allowed or demanded tenants do menial labor on the property. What's wrong with you? Why can't you water and weed? I cut all my lawns for years and did all the landscaping. Its good exercise and I have a Master's Degree in Business but I don't see myself as too over educated to do some labor. --73.33.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 20, 2016 12:35 PM
Message:

You're missing the point. The tenant agreed to do that. But now that they have changed their mind, it's okay if they don't? --174.47.xxx.x

ten. not watering plants (by Hippd [KY]) Posted on: Jul 20, 2016 9:17 PM
Message:

So many people missing the point when it comes to you Jeff(CO). --74.132.xxx.xxx

ten. not watering plants (by Karen DC [DC]) Posted on: Jul 20, 2016 9:28 PM
Message:

Hey folks, my tenant knew about the watering/weeding provisions of the lease, which we discussed, and she signed. I have a maintenance landscaper but this guy does not water/weed on a daily basis. This is a single family home and this aspect of maintenance and upkeep is just as important in our urban community as keeping the property otherwise maintained. She rented a home, not a a room at the Ritz Carlton. I am reaching out to her to figure out a solution. Next tenant I will definitely not expect to do these fairly minor upkeep tasks but meanwhile I have this tenant who otherwise is a good tenant. It is really only a seasonal issue. I think she just doesn't understand what was involved. But I will do what I need to do to keep this otherwise beautiful property from looking like a neglected rental unit in an otherwise excellent neighborhood --208.58.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 21, 2016 5:01 AM
Message:

Hippd, another post from you that means, well, nothing... :) --73.243.xx.xxx

ten. not watering plants (by Hippd [KY]) Posted on: Jul 21, 2016 5:57 AM
Message:

Just exposing you for the troll you are Jeff(CO) --74.132.xxx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 21, 2016 6:20 AM
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Nope, Hippd, just exposing your own ignorance. --174.47.xxx.x

ten. not watering plants (by Hippd [KY]) Posted on: Jul 21, 2016 6:36 AM
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Heh, you're the only one out of this whole conversation that says to enforce the watering of the plants "and" to take legal action over it. Time to look in the mirror buddy, you're out of your mind. --74.132.xxx.xxx

ten. not watering plants (by Q [NE]) Posted on: Jul 21, 2016 6:38 AM
Message:

Now kids... let's all try to get along. It can be difficult at times I know. :D

Q-Out... --173.240.xx.xxx

ten. not watering plants (by Jeff [CO]) Posted on: Jul 21, 2016 6:45 AM
Message:

Good point, Q! I sometimes forget how I should know better than to get into a war of wits with an unarmed adversary! I took the bait from Hippd (K-Y). :) --174.47.xxx.x

ten. not watering plants (by Hippd [KY]) Posted on: Jul 21, 2016 6:46 AM
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Keep deflecting anyway you wish. I see right through you. --74.132.xxx.xxx

ten. not watering plants (by Jay [CA]) Posted on: Jul 23, 2016 7:46 AM
Message:

I have an automatic sprinkler system and a gardener that comes 2x a month at my Rental SFR. This is located in the CA Desert and has no grass or sod and Desert friendly shrubs and trees. I would never, ever trust a tenant to maintain landscaping. I am just happy when they do not turn off the sprinkler system. --72.67.xxx.xxx

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