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Rain Forest Growing in Front/Backyard

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tjj2010

Junior Member
What is the name of your state? Florida

I have been renting a house for 2 years now and just started my 3rd lease (year to year) in November. When my family and I moved into the house, we rented through a realty company and were told the owners lived out of state. Upon move-in we noticed two enormous bushes in the front and back yards. Basically a mixture of kudzu, palmettos, and a few other trees mixed in there. The property manager even mentioned the “islands” on the initial lease and how they were overgrown. The backyard fence line is over 80 feet and the island back there scales about 60 feet of that and is about 20 feet wide and in certain spots over 10 feet tall. But there was no mention of removing them, just keeping them trimmed and maintained (remember these two words, trimmed and maintained). The end of the first lease agreement drew near (with no problems might I add from us or the property manager) and the owners decide to have an inspection and meet us for the first time. At this point in time it is about month 11 of the 12 month lease. So they come by, inspect, etc., etc. We go outside and talk about the islands and what they would like. I mention that I have been trimming them and they are okay with that. They mention that they would like to see the island in the back trimmed back about 3 or 4 feet. So we discuss it further but nothing amasses. Skip to the end of the first lease. The owners have decided to cut out the realty company and have us deal with them directly. Now skip to November of 2007. After the second lease is about up one of the owners calls me about renewing the lease and then starts jumping down my throat about how we didn’t do anything to the islands and it was covered in the leases and she’s not going to renew the lease unless I agreed to cut them down and removed them. She basically stated that I should just go ahead and do it because if she did send the new lease removing the islands would be included in it. I didn’t agree to it but she sends the lease anyway. But what gets me is the fact that the new lease mentions NOTHING about removing the islands. It says the same thing the other 2 leases state about lawn maintenance (basically the lawn and all bushes will be trimmed and maintained). And when I say that the new lease says the same thing the other 2 leases say I mean verbatim, word for word, exactly the same paragraph as the other leases. I even talked to my original landlord, the property manager at the realty company, and she says that I don’t have to cut anything down because it’s the owner’s responsibility. So basically out of fear of eviction we have about 90% of the back island removed (I think this may hurt my case in the end though). Even with all of this removed there’s still ALOT more work to be done to it. So Christmas Eve the landlord “pops by” (this same lease says she can’t do that) with no warning and is inspecting what we have done. She still isn’t happy with the work and storms off after my attempt at showing her the leases and what we were responsible for. About 2 weeks later I get a certified letter from her saying that we had 2 weeks from that date to have it all removed and a month to remove the island in the front yard or she was going to have a company come out and remove it and then bill me. So I send her a certified letter saying that I am not responsible for removing it, that I will not be paying anyone else for removing it, that my deposit should not be taken because of this, that I will continue to maintain it, etc. Then I get a call from the other landlord asking what was going on and he’s telling me that we are in violation of the lease and we all need to work this out. So he’s coming by for an inspection sometime in March to see what has been and what needs to be done. So after all this can they evict us for this? Can they hold our deposit for this? Am I liable for removing this mess?
 


seniorjudge

Senior Member
Now is the time to be negotiating with the landlord.

If you are expected to trim the jungle as part of your lease, ask that it be specifically spelled out.
 

tjj2010

Junior Member
Thanks for replying.

That's my problem. The only thing that is spelled out is the part about me trimming them, not cutting them down. They want them completely removed, as if they were never there. They want roots and all gone and I was trying to explain to them that there are trees (not just kudzu and vines) dwelling inside of it. My lease doesn't say that I have to do that.
 

xylene

Senior Member
You typed one giant paragraph... but..

Why don't you type what the lease actually states.

Not your interpretation, but the straight text of the relevant section.
 

tjj2010

Junior Member
Sorry about the length. Here's what the lease says:

MAINTENANCE: Tenant(s) agree that they have fully inspected the premises and accept in "AS IS" condition with NO warranties or promises expressed or implied. Tenant(s) shall maintain the premises in good, clean condition both inside and outside throughout tenancy (removing all garbage, unwanted furniture, automobiles and/or parts, and all other discarded items) in a clean, sanitary ,manner, changing a/c filters, regularly, maintaining lawn and shrubbery regularly, maintaining windows, screens, and smoke detectors. Tenant(s) will NOT hold owner responsible for smoke detectors that may become broken during tenants stay. Tenant shall notify landlord immediately of any maintenance or repair needs IN WRITING OR BY PHONE. If tenant(s) fails adequately to maintain lawn and shrubbery after having been notified by landlord, landlord shall undertake responsibility for lawn care and bill tenant(s) for the expense thereof.

Now I do realize what the last line states but does this hold if they were there before we moved in?
 

xylene

Senior Member
Sorry about the length. Here's what the lease says:

MAINTENANCE: Tenant(s) agree that they have fully inspected the premises and accept in "AS IS" condition with NO warranties or promises expressed or implied. Tenant(s) shall maintain the premises in good, clean condition both inside and outside throughout tenancy (removing all garbage, unwanted furniture, automobiles and/or parts, and all other discarded items) in a clean, sanitary ,manner, changing a/c filters, regularly, maintaining lawn and shrubbery regularly, maintaining windows, screens, and smoke detectors. Tenant(s) will NOT hold owner responsible for smoke detectors that may become broken during tenants stay. Tenant shall notify landlord immediately of any maintenance or repair needs IN WRITING OR BY PHONE. If tenant(s) fails adequately to maintain lawn and shrubbery after having been notified by landlord, landlord shall undertake responsibility for lawn care and bill tenant(s) for the expense thereof.

Now I do realize what the last line states but does this hold if they were there before we moved in?
Per this clause, the landlord has no grounds for you to be compelled to improve the property, only maintain it.

ALSO the clause outlines that you are responsible for the lawn and shrubbery. That means not the trees...

Good luck.
 

tjj2010

Junior Member
So basically I should be looking forward to the landlord taking my deposit for this mess?And then probably an appearance in smalls claims court?
 

Cvillecpm

Senior Member
You are responsible for BUSHES not TREES....since you acknowledge that they were bushes3 years ago, you are responsible for trimming them and keeping them trimmed. If they are now TREE HEIGHT, better start trimming...
 

tjj2010

Junior Member
Not to beat a dead horse but that's just it: the bushes and/or trees have been on the property before me. They haven't gotten any bigger (they are the same size they were 2+ years ago when I moved in) because I have and continue to keep them trimmed, as I stated, but she wants EVERYTHING gone. I'm talking, re-landscaping and the whole nine!
 

Alaska landlord

Senior Member
I wouldn’t cut anything down. They can hire someone to do the work if they choose. If you do as they request, they could later come back and say you destroyed the backyard and offset your deposit by whatever amount they deem appropriate for the damage. I would either fight this in court should you decide to stay put, or ask to be let out of the lease. Whatever you do, get it in writing.
 

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