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When the weather warms up in the spring, everyone with a green thumb gets the desire to plant plants and spend time outside in the soil. When it comes to gardening, landlords and renters frequently disagree over what is and is not permitted on the rental property and what the tenant may be responsible for.
While tenants may wish to install a garden for the benefits of growing their own food and making the space homier, landlords may object. Landlords are primarily concerned with safeguarding their investment by keeping the property in good repair, including a garden, from damage and alterations. While some landlords may not object at all, others may be very opposed to a renter digging up the backyard with a shovel for yard work or garden maintenance.
What Does The Law Say About This?
Without the consent of the landlord, tenants, unless they agree, are not permitted to alter or change the landscape of a rental home as listed in the tenancy agreement
Landlords can use the legislation to determine that any change to the landscape, even if it is intended to improve it, requires specific approval. Many renters would claim that a garden improves the property and may even increase its value. Landlords, on the other hand, have the law on their side when it comes to planting a garden, and any tenant who begins digging is in violation of the lease agreement.
Minimum Housing Standards for Lawns, Gardens, and Trees
Leases should clarify responsibilities for lawns, gardens, and trees. Tenants usually handle routine tasks like mowing, weeding, and minor cleanup, while major work—pruning tall trees or specialty gardens—is the landlord’s job. Document garden conditions in entry/exit reports. Fruit picking, watering, and fallen branches follow lease terms, and any garden contracts are outlined by the landlord. Clear agreements help avoid disputes.
It’s a good idea to highlight in the lease agreement that any modifications to the property’s appearance, even if they appear to be an enhancement, such as planting a tree, chopping down trees or bushes, or putting in a garden, are a breach of the lease agreement. The less ambiguous your lease agreement is, the less likely your renter will misinterpret it.
Yard Maintenance Contracts
Leases should clarify who covers and coordinates any external yard maintenance. Tenants shouldn’t be forced into separate contracts, and agreements can allow tenants to do the work themselves if permitted. Clear terms prevent confusion and keep gardens tidy.
There is room for compromise
Consider compromise when your renter requests a garden as a landlord looking to improve the home and make it a beautiful environment for your tenant to live in. When it comes to a vegetable garden, you have a few alternatives besides simply letting your renter do whatever they want as far as the obligation to keep the property clean is met.
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Here are three small to moderate garden ideas that would gratify a renter while without significantly altering the rental property for the landlord.
Garden in a flower bed
Allow the renter to utilize the flower beds near the home or in the yard as a garden if the rental property has them. Preparing the site for planting isn’t a huge issue for the renter because they’re already part of the landscape. Even if you already have flowers or bushes in the area, you may allow the renter to utilize the space in between or postpone growing flowers so that the tenant can use it.
A Container Garden
Fruits and vegetables are cultivated in huge containers in container gardens, as the name implies. Flowers and food may be stored in a variety of containers, including tubs, pots, barrels, and more. Container gardening is ideal for a tiny yard, balcony, or rental property. It is never permanent, but it can satisfy a tenant’s yearning for a garden.
Allow a garden on your conditions
If you don’t want to allow the renter to plant a garden, make sure you have a clear understanding of your expectations. Determine the location of the garden, taking into account the property’s sunshine and shadow. Be specific about the size you’ll allow and any fast-growing invasive plants, such as mint, that you don’t want.
Tenant Gardens’ Benefits and Drawbacks
When it comes to keeping a renter happy, a garden can be a great benefit, and as a landlord, you may even be the lucky recipient of a particularly fruitful zucchini or tomato plant. Allowing a good renter to invest part of oneself in the rental property to develop a better feeling of responsibility for the place may be worthwhile.
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When it comes to deciding whether or not to allow a renter to have a garden, you just need to consider all of the elements in the choice, including the sort of tenant you have, what your property may allow without too much problem, and what your city’s gardening and landscaping rules are.
Mowing, edging and tree pruning
The property manager/owner is generally responsible for major maintenance such as tree lopping or trimming trees and shrubs as part of their responsibility to keep the property in excellent shape.
This sort of labour isn’t done on a daily basis, and it’s more likely to require specialist equipment.
Unless the renter agrees, any plants, hedges, or lawns that require particular care are typically not the tenant’s duty.
Yard Work and Tenant Responsibilities
Tenants typically handle basic yard care like mowing, trimming, and weed control. Check your lease for any additional requirements or landlord-provided services.
Branches that have fallen
Depending on the conditions, responsibility for clearing fallen branches, especially palm fronds, may vary from pruning trees and shrubs.
- Small manageable branches may be cleared away by the tenant in a timely manner.
- Larger branches, which may require specialized equipment to remove, may be the responsibility of the property management or owner.
- The property manager/owner may be responsible for any harm caused by fallen branches.
Trees that provide fruit
Arrangements for fruit gathering and ownership should be specified in the agreement’s specific clauses. If this isn’t specified, the tenant’s right to occupy the property might include the right to pick the fruit throughout the lease.
It’s wise to clarify in the lease who gets the spoils of a bumper lemon crop or when the landlord might pop by to collect cherries for their famous pie. Typical “fruit tree clauses” might include:
- When the property manager/owner is permitted to visit to harvest fruit (preferably by mutual agreement and with a heads-up)
- Whether the renter is allowed to enjoy the fruit themselves (and perhaps share a basket)
- Noting any local council that could affect garden maintenance or the bounty of the trees
Having these details sorted up front keeps things friendly, prevents squabbles over the last peach, and ensures everyone knows their role in keeping the greenery—and neighbourly relations—healthy.
