What is a Lawn Upkeep Clause?
Lawn maintenance clauses are a relatively standard part of many rental agreements, particularly for properties that have a front lawn, backyard, and possibly even both. In these clauses, the parties (landlord and tenant) agree on a set of expectations regarding maintenance. These clauses might address everything from lawn-mowing frequency to snow shoveling duties. The use of a lawn maintenance clause makes it possible for landlords to reiterate their expectations and for tenants to acknowledge them .
While landlords obviously utilize these clauses as a means of encouraging their renters to perform tasks (such as lawn care) that might otherwise fall by the wayside, the fact is that these clauses can also be beneficial to tenants. For instance, a query as to whether or not the tenant is or is not responsible for lawn care can bring about helpful dialogue between the parties. A verbal disagreement about a topic such as this can easily lead to an emotional argument. In contrast, a rental agreement and its lawn maintenance clause gives everyone a chance to read something, discuss it, and refer back to it at a later stage, if required.
Significance of Lawn Upkeep Clause for Landlords and Renters
A lawn maintenance clause can be beneficial for both landlords and tenants of a rental property with outdoor maintenance responsibilities. In the case of a space with no lawn, this clause would replace the term "lawn" with whichever other outdoor space is present on the rental property.
This clause is significant for landlords and tenants in that it allows the former to identify the specific tasks that are required and the cadence with which these tasks must be completed. By clearly identifying these tasks in writing, tenants can be held to these expectations and standards as a means of protecting the rights and interests of the landlord.
Establishing a lawn maintenance clause creates a clear operating agreement, which decreases the likelihood of disputes between the two parties. It also provides the tenant with a better understanding of their role in the maintenance of the property, and surrounding areas. This can, in turn, improve the value and the appeal of a rental property, allowing landlords to charge higher rents on their property while still maintaining a positive relationship with their tenants. Additionally, these maintenance clauses can serve as evidence in the event of non-compliance. A tenant who fails to uphold their obligations under the clause can more easily be taken to task when sufficient documentary evidence is presented.
Essential Elements of a Lawn Upkeep Clause
Lawn maintenance clause requirements will vary depending on the location of the property, the tenant, and the specific terms of the rental agreement. A typical lawn maintenance clause will include requirements for mowing at a specified interval (i.e., every two weeks), watering and fertilizing schedules, landscaping responsibilities (i.e., trimming shrubs), and snow removal and even the time to remove frozen leaves from the lawn. In areas with unusually hot climates, lawn maintenance clauses are often very specific – specifying when to water in the morning (and when to avoid watering to prevent fungal diseases that can be caused by watering too late in the evening) and when to plant winter rye grass. Conversely, in areas with colder climates, lawn maintenance clauses will often be more focused on maintenance performed during the short warm weather months (i.e., mulching leaves) rather than care undertaken during the winter (i.e., snow removal), which can often place undue burden on tenants. For tenants, careful review of the lease can determine whether you will be required to undertake several tasks like watering and weeding that some landlords may want left to them.
Liabilities and Documentation in Lawn Upkeep Clause
When a rental agreement does not contain a lawn maintenance clause, the principal remedy for a breach of one under a contract is "actual incidental and consequential damages." An actual damage award would be to reimburse the tenant for the cost of having the lawn mowed or otherwise maintained. Incidental and consequential damages can be pretty much anything else, such as loss of enjoyment of the premises if the grass is overgrown creating real or perceived security risks.
Where a rental agreement offers free rent but may have a remedy for breach, the key determination will be whether the lease is, in fact, terminable at will. If so, the parties will be somewhat constrained by the consideration given to enter into the agreement.
By contrast, when a rental agreement contains a lawn maintenance clause, there are at least two possible remedies if breached. First, it is possible that the tenant will be excused from performance if the landlord refuses to maintain the lawn. Or, second, the tenant may be found liable to damages if it refuses to maintain the lawn, which would presumably be limited to just incidental and consequential damages—such as the landlord’s loss of enjoyment of the premises.
A landlord may choose to avoid a rent free period in exchange for receiving a promise to maintain the lawn. The tenant would still be liable for any incidental or consequential damages resulting from a breach of this clause. However, the parties may also agree that the landlord may enter the property if the tenant fails to maintain the lawn, which is often the most practical solution in the event of a breach.
How to Draft a Lawn Upkeep Clause
With some states recently passing laws that require landlords to provide some kind of outdoor space for tenants, more rental agreements will likely include a clause somewhere that states what a landlord is responsible for regarding lawn maintenance. The question becomes: what does a lawn maintenance clause entail?
A good lawn maintenance clause should be able to clearly state what is expected of both parties. For example, the landlord can write a clause that states "If the property has grass, the landlord is responsible for cutting lawn grass and removing snow from the sidewalk." Stating in plain language what needs to be done allows a greater chance of the provision being enforceable in its entirety and therefore making it more important to be clear with words used in the lawn maintenance clause. The clearer the provision, the more likely it is to be enforced.
Does the property have grass or any other weeds? Is there a flower bush on the property? Job description for tenants! Regardless of the type of climate property owners are located, once the first spring rain hits, it is hard to deny lawn and garden maintenance have become a necessity for landlords and tenants living on a property with such landscaping. Because most rental agreements do not specify how frequently a tenant is to perform maintenance , the frequency of lawn maintenance will vary greatly under even the same weather conditions. In temperate climates, rain is frequent and winter weather brings constant shoveling of a foot of snow, while in the south, heat and no rainfall could leave lawns and flowerbeds to wither and die after a single season. This fact alone should let landlords know they should not include a length of time for how long the tenant should be required to maintain the grass or flowers. Instead, make it general, "maintain grass and weed area when necessary," and yet another provision stating, "Tenant shall be responsible for shoveling snow from the sidewalks for access to the property during the months of December, January, February, March, April, and May, and will be responsible for hiring a private contractor to plow the drive way and shovel front sidewalk, or rent a snow blower if applicable to keep the drive way and front sidewalk clear of snow so that Tenant has access to this property."
Landlords may want to consider whether the tenant’s failure to comply with the lawn maintenance provision is grounds for any type of eviction. If so, landlords should include a clause that specifically states, "Tenant’s failure to maintain lawn and shrubbery shall be grounds for eviction." Without this provision, the tenant’s act of failing to maintain the lawn may not be serious enough for a landlord to evict the tenant.
Common Issues and Resolutions in Lawn Upkeep Clauses
In ideal circumstances, landlords and tenants do not often face threats to their respective legal positions. However, when it comes to the lawn maintenance clause, challenges can arise which will put pressure on both parties. When a dispute arises about who is responsible for the maintenance of a lawn, typically, costs of repair are at the forefront; however, equally important are questions regarding liability and insurance. Tenants may not be aware that the contract to lease and the like only covers the items mentioned; third-party issues that are not mentioned could create a liability.
Landlords and tenants should have comprehensive discussions about lawn maintenance and have it in writing, to cover third-party liability, the handling of disciplinary issues, and other aspects appropriately and completely. While the aforementioned challenges are the most common people experience when entering into lawn maintenance clauses, a different clause could be added to the lease. For example, a clause could be included requiring landscaping services, even if they are relatively small. While this may not be suitable for every property, well-maintained landscaping can add aesthetic value to many homes, and it may reduce water loss such that the overall utility bill for the property is reduced. Additionally, having someone else handle the cutting of grass or the trimming of hedges may save time for a landlord to spend elsewhere.
As discussed previously, it is important to have a written agreement. Tenants and landlords should ensure there are clear standards for when work needs to be done, what is required, and what the consequences will be for the cost of repairs, etc. The following are a few suggestions which may help resolve issues which have arisen, or could arise in the future.
For example, in the instance of deer or other wildlife eating away at a lawn, replacement sod could potentially be done on top of existing sod so long as the existing sod is not underneath water when the new sod is laid overtop. In other instances, a tenant may elect not to have additional sod laid until there are no deer in the area, or other wildlife, as it is regarded as ineffective and a waste of time and money. A landlord may wish to include a clause requiring the tenant to make greater efforts to move the deer or wildlife off the property. At times, due to the geographical location of a property, deer or other wildlife cannot be physically moved off the property, and thus, the tenant may be expected to obtain an electric fence that would be inside the property lines (the landlord would be responsible for the cost of electricity).
Lawn Upkeep Clause Frequently Asked Questions
What does a lawn maintenance provision look like when included in a rental agreement?
"Tenant shall be responsible for the maintenance and care of the yard at all times. Landlord authorizes Tenant to make minor alterations and improvements on the premises. Prior to making any landscaping changes, including planting trees, shrubs, flowers, or ornamental features or fencing, Tenant shall obtain Landlord’s prior written consent."
Who is responsible for taking care of landscaping?
As in the sample language above, it is common for the tenancy tenant to be responsible for all landscaping maintenance during the term of the tenancy.
If I have been maintaining the lawn at my rental property for years, is the landlord responsible for any damage to the property due to it?
No. Generally , you will be responsible for damage you cause to the rental property. Your landlord may consider going after you for breach of contract and negligence.
What happens if I don’t maintain the lawn, as required under my tenancy?
The landlord may treat it as a breach of your rental agreement. Generally, if you are late in performing yard work and do not remedy the situation following complaints from the landlord, you may be at risk of eviction.
Can my landlord require me to hire them to perform landscaping at my rental property?
Yes. If you do not comply with the landscaping provision contained in your rental agreement, your landlord may evict you and hire a landscaper to take care of the yard. However, the landlord will bill you for the costs.
