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Who is Responsible for Lawn Care - the Landlord or Tenant

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  • 06-05-2013, 11:15 AM
    FrustratedinCO
    Who is Responsible for Lawn Care - the Landlord or Tenant
    My question involves landlord-tenant law in the State of: Colorado

    I looked carefully at my lease. It does not say who is responsible for maintaining the lawn. I wrote my landlord a letter requesting they either have someone maintain the lawn, or reduce my rent by $100 so I can pay someone to do it. I have asthma & SEVERE allergies so I am unable to mow the lawn myself. They called me & were incredibly rude & said they have always not maintained the lawn & will not even consider helping me. It is a single family house & I am paying several hundred dollars more a month than other people in the area. They have bars on all the windows & doors(firecode violation) & only ONE smoke detector in the entire 3 bedroom & full basement house. A. Because the lease doesn't state I am responsible, does it mean they are responsible by default? B. Should I perhaps call the rental/fire authority & complain so I can get out of my lease since they are breaking the law & putting my life in danger?

    Thanks for any advice in this matter.
  • 06-05-2013, 11:26 AM
    Disagreeable
    Re: Who is Responsible for Lawn Care - the Landlord or Tenant
    Seems like you should have clarified these issues before signing a lease. If you feel there is a violation of fire code, report it and the landlord can remedy the situation.
  • 06-05-2013, 12:14 PM
    jk
    Re: Who is Responsible for Lawn Care - the Landlord or Tenant
    does the use of the yard come with the use of the house?


    Does it say you have to vacuum the floor in the house, clean the toilet or the stove, or dust? If not, why would you do any of those?

    If you believe those are your responsibility, why would you think it not your obligation to maintain the lawn?

    the rest of the stuff; all correctable. If you want to, make a complaint to the fire marshal or whomever controls the issues. The landlord will be required to correct any deficiencies. If he doesn't, then you would have a valid cause to terminate the lease. In fact, whomever in the government that lords over those issues should be terminating your tenancy in a reasonable time after the notice to correct due to the house not passing code.
  • 06-05-2013, 01:03 PM
    Mr. Knowitall
    Re: Who is Responsible for Lawn Care - the Landlord or Tenant
    A good lease should address lawn care - including irrigation, fertilization, mowing, edging, etc., and the landlord's recourse if the tenant fails to perform. Why? Because if the lease is silent on the issue, the landlord is going to have a difficult time establishing any duty beyond the most basic of care and such actions as not pruning (or over-pruning), under-watering and the like can result in landscaping issues and expenses that could be avoided or mitigated through a good lease. Also, for example, the landlord can set a maximum grass height and a fee for mowing if the grass is allowed to exceed that height and the landlord has to step in and mow. Also, many tenants won't have lawn care equipment, and it can thus make sense to be clear about whether the tenant has a duty to obtain his own equipment or if the landlord will provide (and maintain) equipment.

    But as jk suggests, if this is an exclusive yard, not a shared yard for a multi-family dwelling, routine mowing would typically be seen as the type of routine maintenance that falls on the tenant. The lease likely also contains a broad, general statement of the tenant's responsibility to care for the premises.
  • 06-07-2013, 12:08 AM
    davidmcbeth3
    Re: Who is Responsible for Lawn Care - the Landlord or Tenant
    post the lease sans IDing info if the OP desires the best advice...much is in the details of the lease agreement
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