What to do if in the lease that our tenants signed there is a provision for them to perform yard maintenance but are saying that they won’t trim the trees?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if in the lease that our tenants signed there is a provision for them to perform yard maintenance but are saying that they won’t trim the trees?
They maintain that tree trimming does not fall under yard maintenance. Also, the tenants are telling us that we should instruct our yard guy how to maintain the bushes and the lawn. Is it our duty to do so?
Asked on May 28, 2012 under Real Estate Law, Arizona
Answers:
John York / John York Law Office
Answered 12 years ago | Contributor
Under the Arizona Landlord Tenant Act a landlord may delegate to the tenant maintenance duties if the landlord and the tenant bargained for that in the contract and if it is a single family home and if it is not for the purposes of evading the landlord's duties regarding health and safety codes. It sounds like an agreement for the tenant to perform yard maintenance would meet these requirements. There is some question about the meaning of yard maintenance, but logically mowing the lawn and trimming trees and bushes would be considered yard maintenance to the average person. Under the Arizona Landlord Tenant Act you can deliver to the tenant a ten day notice in writing that they must comply with their contractual obligation to perform the yard maintenance or face eviction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.