Can Renters Paint Rental Units? Should Landlords Do The Repainting?

Most people want to live in a space that reflects their personal style or aesthetics — and paint is one of the easiest ways to accomplish that. But as a tenant, can you paint a rental apartment? Here’s what you need to know about landlords and renters painting responsibilities.

Can Renters Paint? Take a Look at Your Lease Agreement!

The rental contract or lease agreement should be the first thing that tenants should look at. It is an important document that outlines the terms of occupancy, specifically what one can or cannot do to the rental property during the tenancy. To answer the question of whether painting rental property is allowed, make sure to look for these specific clauses.

  • Painting Clause

    The painting clause should make it clear whether a tenant can or cannot paint the rental property during his/her tenancy. Depending on the terms, a tenant may be held liable for painting the dwelling without the landlord’s written consent.

  • Security Deposit Clause

    A landlord may have the authority to deduct from a tenant’s security deposit if the said tenant has made unapproved alterations, such as painting the rental property. The landlord can use the security deposit to restore the rental property to its original condition.

  • Moving Out Clause

    A typical moving out clause requires tenants to leave the rental property clean and undamaged, with all furniture and appliances in proper working condition. Depending on the terms, tenants may need to repaint walls if the condition is beyond normal wear and tear. If the rental property is not “fit” for occupancy, the landlord may charge a tenant with cleaning and/or repair costs.

  • Alterations and Improvements Clause

    The alterations and improvement clauses outline the extent of possible changes that a tenant can make to the rental property, as well as the procedures for making such alternations. Conversely, it will also tell you non-permissible alterations, improvements, or additions.

  • Paint Addendum to Lease Agreement

    If no painting requirements were noted in the original lease agreement, a landlord may ask the tenant to sign a paint addendum. Tenants should also look at this document to determine whether they are allowed to paint their rental property.

 

Depending on your lease agreement, here are the most common rental property painting scenarios, as well as possible landlord painting requirements you may encounter.

 

1. Tenants Cannot Paint

Tenants are not allowed to paint their rental space. Aside from normal wear and tear, landlords expect tenants to leave the property in the same condition as it was during move-in. If there are unapproved changes, the landlord may deduct from a tenant’s security deposit or impose a repainting fee upon moving out.

 

2. Tenants Can Paint

There are some benefits to allowing tenants to paint the rental property such as increasing property values without having to spend on painting expenses. As such, some landlords may allow tenants to paint the rental property. Nevertheless, the security and moving-out clauses will still be in effect so tenants will be held liable for any damage that results from painting the rental property. You should also confirm with your landlord, in case there are additional requirements such as a non-refundable painting fee.

 

3. Tenants Can Paint But with Conditions

painting rental propertyMany landlords will allow tenants to paint their rental property — but with several conditions. For instance, there may be a list of pre-approved colors or types of paint finishes that you can only use.

Landlords also typically require a written request from tenants. This helps them determine the scope and cost of the painting project, as well as whether the painting will be done by the tenant or a professional.

It’s helpful to have a landlord-tenant painting agreement in place so that both parties are protected. The landlord can specify the painting requirements, while tenants have explicit approval for repainting the rental property.

 

Landlord Painting Responsibilities: Are Landlords in Charge of Repainting?

Are landlords required to paint between tenants? Who is responsible for painting landlord or tenant? These are common questions asked by both parties. Here’s what you need to know.

There are very few laws that require landlords to repaint a rental property between tenants or at any other time. However, based on the implied warranty of habitability law, landlords are required to maintain a safe and livable environment.

If the paint in a rental property is creating unsanitary or unsafe conditions, the landlord is responsible for providing a remedy. For example, if the rental property has lead-based paint and it is starting to crack or chip, the landlord will be responsible for repainting the walls.

Even though there are no mandates for repainting a rental property, landlords should consider repainting in between tenants. A fresh coat of paint can instantly make a rental property look newer and brighter. Thus, it will be easier to attract new tenants. Landlords may even command a higher rental price based on how prospective tenants view your rental space. If you’re in a competitive neighborhood, little things like a new coat of paint can make a world of difference.

 

Frequently Asked Questions About Renters Painting Responsibilities

If you’re still unclear about landlords’ and renters’ painting responsibilities, consider these answers to the most frequently asked questions about painting a rental property.

 

Does a Tenant Have to Paint When They Move Out?

Some landlords allow tenants to paint their rental property — on the condition that tenants return it to its original condition after the lease expires. If that’s the case, the tenant will have to repaint the rental property when they move out.

 

How Often is a Landlord Required to Paint?

There are no nationwide laws that require landlords to paint their rental property. However, interior paint typically has a useful life of 3 to 5 years. As such, landlords should consider repainting their rental property within that time frame.

 

Do Landlords Have to Paint Between Tenants?

Landlords do not have to paint in between tenants — unless the current paint of a rental property creates a safety or health hazard. However, most landlords choose to repaint in between tenants for the sake of convenience. It’s much easier to schedule a repainting job when it coincides with a tenant’s move-out date.

 

How Often Do Landlords Have to Paint in California?

California does not have a statewide mandate for painting rental properties. However, in the city of West Hollywood, landlords of rent-stabilized units are required to paint every four years. There is a similar mandate in New York City, where landlords are required to paint every three years.

 

Are Tenants Responsible for Painting?

Tenants are not responsible for painting a rental property. Most landlords also prefer to handle the painting themselves. This is to prevent any kind of damage that could be caused by an inexperienced painter. For example, a tenant may accidentally paint on woodwork or natural stone finishes. However, if the painting job is due to the tenant’s own behavior, the landlord may deduct the expenses from your security deposit or send you a bill.

 

Can Landlord Deduct Painting from Security Deposit?

Landlords can deduct painting expenses from the security deposit only for reasons stated in the lease agreement. They cannot charge tenants for repainting due to normal wear and tear. However, make sure to check your state and local laws as well. Some states have strict rules on what can or cannot be deducted from a tenant’s security deposit.

 

Can a Tenant Paint Without Permission?

A tenant can certainly paint a rental property without permission. However, it’s not something that we recommend. Aside from incurring fines or penalties, painting without permission can be considered a violation of your lease. Landlords can use this as a justifiable reason to evict a tenant.

 

A Reasonable Answer to ‘Can Renters Paint Rental Units?’

There’s no definitive answer to the question: “Can renters paint a rental property?” It will depend on your landlord and the lease agreement that you signed. If there is a need for it, though, there’s no harm in asking the landlord to paint the rental property. If you are a long-term tenant, the landlord may even consider giving you special consideration to paint. Before making any changes, though, make sure to consult your landlord. This is the best way to prevent issues or misunderstandings.

 

As a landlord, it can be challenging to deal with painting and maintenance requests from tenants — especially when combined with many other duties and responsibilities. If you need help with the day-to-day operations, consider hiring a property manager. Feel free to utilize the Rental Choice online directory to find the best property management company for your needs!

 

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7 Top Priority Rental Renovations That Landlords Should Focus On

Performing a rental renovation is a good way to up the value of any rental property. But, which one should landlords make first?

 

The Most Important Rental Renovations Landlords Should Make

Renovating a rental property may seem like a no-brainer at first glance. But, some renovations are actually more valuable than others. Landlords have to make sure their rentals appeal to a wide range of tenants. More than anything else, these renovations should be both functional and comfortable. After all, tenants have a right to a habitable home.

These are the top projects landlords should consider when undergoing renovation for rental property:

 

1. Start With the Small Stuff

Rental renovations can seem like a huge undertaking, but they don’t have to be. Even the smallest of fixes can make a big difference.

Start with making small changes to the rental property. Make all the needed repairs and replace anything that needs replacing. This includes air filters, water filters, window screens, doorknobs, etc. Change up the lighting fixtures for ones that look simpler and cleaner. It also helps to apply a fresh coat of paint in between tenants.

 

2. Install Some New Floors

Many older apartments still have carpets as their flooring. But, carpets have since become outdated. Tenants also don’t usually prefer carpet floors because they require more cleaning and maintenance. Plus, they stain easily and can trap odors.

As a way to upgrade your rental, consider replacing carpet flooring with hardwood floors. Hardwood is a popular choice among many landlords and tenants because they effortlessly add to the appeal of a rental property. Additionally, hardwood floors are much easier to clean and maintain.

 

3. Switch to an Open Floor Plan

Walled-off rooms were trendy in the past, but it’s all about open floor plans now. An open floor plan allows for a smoother flow and makes even small rooms seem spacious.

Of course, this rental renovation will take more time and effort than some of the others on this list. To accomplish an open floor plan, you will need to knock down the walls that divide the rooms. While you’re at it, consider adding a few more windows to really brighten up the room and let some natural light in.

 

4. Remodel the Bathroom

For a lot of tenants, a clean and updated bathroom is non-negotiable. After all, the bathroom is where tenants are supposed to maintain their own hygiene. How do you expect them to do that if the bathroom is dirty and worn?

To start, make sure the bathroom looks spotless. You can either give it a deep cleaning yourself or hire a professional cleaner to do it for you. Then, you can move on to replacing the toilet or toilet seat, the faucet, and the showerhead. If you have a small bathroom, adding some storage space is a good way to attract tenants. You can also go for a sliding door instead of a standard one to maximize space.

 

5. Renovate the Kitchen

renovation for rental propertyAside from the bathroom, the kitchen is another common non-negotiable. Tenants often look for apartments with kitchens where they can actually cook. With the younger population pivoting towards a healthier lifestyle, home-cooked meals are a huge sell. Plus, it’s a bonus if they can do it in a kitchen that’s aesthetically pleasing, too.

One way to easily upgrade your kitchen is to update the cabinets and cupboards. Make sure the colors mesh well with the countertops. Kitchen appliances should also have a cohesive look. To achieve this, they must have similar finishes. Then, add a nice backsplash to tie the whole kitchen together.

 

6. Give the Outside Some Love

No rental renovation is complete without paying attention to the property’s outdoor area. Whether you rent out a single-family home or an apartment, there’s bound to be some green space.

As a landlord, landscaping and yard care generally falls under your list of duties and responsibilities. That means making sure the trees are trimmed, the hedges are sculpted, and the grass isn’t overgrown. You may also want to invest in a professional landscaping service to give the outdoor area a more stylized look.

 

7. Increase Appeal With Amenities

Lastly, a rental renovation every landlord should consider is to add amenities to the rental unit. Amenities add value to a property, and they also give you a reason to charge more in rent. Tenants also love it when a rental has the amenities they are looking for.

Some common amenities you can incorporate into your next renovation project include:

  • Air conditioning and heating
  • Dishwasher
  • Washer and dryer
  • On-site parking
  • Storage space

 

The Benefits of Rental Renovations

Some landlords believe that their rentals are perfect the way they are. And while there might be some truth to that, there is always some room for improvement. Why even go through a rental property renovation? Let us count the reasons.

1. Minimize Maintenance Costs

Older appliances and fixtures are bound to break down sooner than later. They also tend to malfunction more often. This will result in higher maintenance and repair costs. Instead of paying for these repairs over and over again, it makes more sense to just replace them with newer ones. Doing this not only adds to the appeal of the property but also gives landlords a warranty on new products.

 

2. Attract More Tenants

It’s no secret that finding tenants — in particular, quality tenants — is hard to do. Older, rundown apartments usually attract tenants who are looking for something cheap, whereas newly renovated ones tend to attract tenants who are more willing to pay rent and take care of the property. When you update the rental and add amenities, your rental becomes more enticing. This, in turn, will lead to more applications and reduce the vacancy period.

 

3. Raise Your Rent

Another benefit of a rental renovation is that it gives you a reason to raise your rental rate. Because renovations offer value, it’s not unusual to expect something valuable in return as well. Of course, the extent and nature of the renovation should reflect the rent increase. It would be absurd to charge an extra $300 per month if you only added a fresh coat of paint.

 

4. Stand Out from the Competition

Tenants have so many options to choose from nowadays, so much so that it’s hard to make your property stand out from the rest. In a sea of older-looking apartments, though, one way to get noticed is to look new.

 

5. Increase Property Value

While not every landlord will eventually sell their rental property, those that do will find that renovations can significantly increase the property’s value. Thus, after making bank on renting out the property for years, you can also earn a profit by selling it off for more than what you paid for it.

 

Can Landlords Do Rental Property Renovations While Tenanted?

Most landlords start a rental renovation project when the property is unoccupied. But, what happens if the renovation takes place while there is a tenant living there? Is that even allowed?

Renovation regulations can vary from state to state. Generally, though, landlords must be careful not to inconvenience their tenants when undertaking renovations. Otherwise, this could be considered a breach of the lease agreement and a violation of the tenant’s right to quiet enjoyment and privacy. This could result in both legal and financial consequences.

To avoid legal repercussions, landlords must obtain their tenant’s permission to start a renovation project. It’s best to communicate all the details of the project, including estimated start and end dates. While a tenant can’t stop paying rent because of the inconvenience, a good compromise is to consider a rent reduction. Additionally, landlords must not forget to send ample notice before entering a tenant’s unit.

 

The Pros Outweigh the Cons

Rental renovation projects can seem costly and time-consuming. And, for the most part, they are. But, they also bring in a lot of advantages to landlords. Don’t get left behind the times. Update your rental property by undertaking the most important renovations listed above.

Overseeing renovations can be a hassle. Luckily, landlords can outsource this and many more tasks to a property manager. Start looking for a property management company in your area using Rental Choice’s online directory.

 

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How To Hire Renovation Contractors For Rental Properties

Every now and then, landlords will want to renovate their rental property. But, finding the perfect contractor for the job is not as easy as you think. Learn how to hire the right renovation contractors below.

The Importance of Hiring Good Home Renovation Contractors

Renovating a rental property is a good way to breathe new life into the space and attract higher-quality tenants. But, home renovations are often easier said than done. Instead of taking a DIY approach, landlords should leave renovation jobs in the hands of experienced professionals.

Why hire a general contractor?

For one thing, you can save yourself a lot of money, time, and headaches. Renovations are usually time-consuming, and a general contractor can complete the project in less time than you. Contrary to popular belief, it is also cheaper to hire a contractor than to do it yourself. Mistakes can be costly, and they happen more often when someone inexperienced tries to do the job.

General renovation contractors also have the necessary tools and resources. They usually already have an established network of trusted subcontractors who have proven track records in working together. Moreover, project management takes skill. General contractors know how to start each project properly and what steps to take next to complete the job in an efficient and effective manner.

All things considered, hiring a general contractor for home renovation projects is a better route than doing it yourself. But, you can’t just hire the first contractor you come across. As with most things, there are good and bad renovation contractors. And hiring bad contractors can be just as terrible as taking a DIY approach.

 

Types of Home Contractors

When it comes to home renovations, most people immediately think about general contractors. But, home improvement contractors come in all shapes and sizes, each one with a specialization.

 

General Contractors

A general contractor is responsible for supervising all aspects of the home renovation process. Their responsibilities include obtaining work permits, hiring and scheduling subcontractors, and ensuring the project is completed on time.

  • Carpenters work mostly with wood materials. As renovation projects often involve wood, carpenters are integral to the process. Typically, though, general contractors will also double as carpenters.
  • Electricians are in charge of the home’s electrical system, making sure they function properly and don’t pose any danger to the occupants.
  • Plumbers are in charge of maintaining and repairing the home’s plumbing system.
  • If your home has a centralized HVAC system, an HVAC specialist is tasked with maintaining and repairing all aspects of it.
  • Landscapers offer yard care and maintenance services as well as design services for green spaces.
  • If you need to repair or replace your roof and gutter, a roofer’s services are often necessary.
  • As the name suggests, a painter is in charge of painting the exterior and interior of the house.
  • hiring a contractorA handyman is an all-around contractor that can usually make small fixes and perform smaller renovations.
  • A tile-setting contractor specializes in laying down tiles on floors and kitchen backsplashes.
  • Anything related to drywall — be it repairs or maintenance — calls for a drywaller.
  • When you need new wallpaper installed, a wallpaper installer can peel off old wallpaper and stick on new ones.
  • If your walls are made of plaster, a plastering specialist is needed to repair or put them up.
  • Masons are in charge of any surfaces made of stone, marble, or pavers.
  • For installing steel beams or other steelwork, a steelworker’s services are needed.
  • If your home renovation project involves using previously unused space, an excavator will need to prepare the land before anything is built on it.
  • Demolition experts or explosive workers tear down houses (or parts of them) to make room for new ones.

 

How to Hire Contractor for Home Renovations

Knowing how to choose the right contractor for your next renovation can help guarantee the success of the project. If you’re hiring a contractor any time soon, make sure to utilize the following tips.

 

1. Shop Around

The first thing you should do is shop around. Don’t go for the first contractor you see. You can search for available renovation contractors online or get some recommendations from fellow landlords or homeowners. Use online reviews to your advantage. Chances are, if there’s anything bad about a contractor, it will show up on the Internet.

 

2. Ensure They Are Qualified

Hiring a licensed contractor is critical, but not all states require contractors to get a license. For instance, California requires contractors to obtain a license from the Contractors State License Board, but New Hampshire does not. It is also imperative that the contractor you hire has sufficient insurance coverage.

 

3. Ask for Estimates

It is best to ask for written estimates from at least three of the contractors you contact. This should give you an idea of how much each contractor will charge for the project. Compare the cost of building materials and labor. You should also take a look at how each contractor intends to complete the job and how long it will take.

Additionally, be wary of cost estimates that are either too expensive or too cheap. For instance, if you plan on renovating just a small part of your bathroom, a bathroom renovation contractor shouldn’t charge you $50,000.

 

4. Set Up an Interview

Once you have narrowed down your options to about three or four candidates, it is time to meet with them face-to-face. Setting up an interview will allow you to ask important questions, such as:

  • How long have you been working in this line of business?
  • Have you worked on similar projects in the past?
  • What is your estimated timeline for this project?
  • How do you plan on completing the renovation job?
  • Will you be doing everything in-house or do you plan to hire subcontractors?
  • When can you start?

Talking personally with the home remodeling contractor also gives you a chance to get to know their personality and behaviors. Keep in mind that you will be working closely with your contractor, so it is vital that you get along with them and that your visions align.

 

5. Talk to Past Clients

In your quest to hire a good contractor, one step you can’t miss is talking to past clients. Ask contractors for references and then contact those references yourself. Ask them how it was like working with the contractor, whether they finished the job on time, and how they dealt with hitches in the project. It is also a good idea to ask for photos of the completed renovation job.

Remember to ask for references and photos that are relevant to your renovation project. It wouldn’t make sense to ask for photos of a bathroom renovation if you’re renovating the kitchen. In that case, you would ask your kitchen renovation contractor for references and photos of similar jobs.

 

6. Iron Out Payment Options

Before finalizing the agreement, talk about the budget and how you will settle the payment. Keep in mind that every contractor will have their own pricing structure, so don’t assume one’s prices apply to another.

Regardless of the price, though, it is best not to pay for the job in cash. Contractors don’t tend to ask for cash payments unless they are scamming you. For smaller projects, you can pay using a credit card or check. For larger projects, you might need bank financing.

Renovation contractors will often ask for a down payment. That is completely normal. But, in some states and cities, there is a limit on how much a contractor can charge you as a down payment. Check your own state and local laws to ensure your contractor isn’t breaching regulations.

 

7. Get It All in Writing

After ironing out all the details, it is time to get everything in writing. In other words, you need to sign a contract. Make sure to review the contract with a lawyer before signing it. This way, you can ensure the contract is reasonable and fair for both parties involved.

At the very least, the contract should include the following information:

  • A detailed scope of work
  • The payment schedule
  • Estimated start and completion dates
  • Any applicable guarantees

 

Can You Cancel a Renovation Contract Without Penalty?

Under federal and certain state laws, homeowners do have a right to cancel their contract with home renovators without penalty, provided they cancel within the given window. This is known as a “cooling off” period. Those who wish to cancel within the acceptable time period should do so by certified mail. This way, you have proof that you sent your cancellation notice.

 

How Much Does It Cost to Hire a House Renovation Contractor?

Renovation prices can vary dramatically from one contractor to another. Aside from the general renovations contractor, a number of other factors can also influence the cost of renovations, such as:

  • The nature, extent, and scale of the renovation project
  • Cost of materials (dependent on industry prices and what materials will be used)
  • Increased wages

Rental property owners should expect to pay anywhere between $15,000 to $200,000 for renovations.

 

A Hassle-Free Renovation Done Right

Renovation contractors are clearly the best option for landlords who would like to renovate their rental properties. But, there is a right way to hire a contractor. Ensure the success of your renovation project by following the tips above.

Landlords can outsource most of their work, including overseeing renovations, to a third-party professional. Find the best property management company in your area today with the help of Rental Choice’s online directory.

 

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Yard Maintenance And Landscaping For Rental Property

Is the landlord in charge of landscaping for rental property? Or does this fall under the tenant’s responsibility? The answer is not as clear-cut as you might think.

 

Who Is Responsible for Landscaping for Rental Property?

A lot of tenants look for an attractive lawn and beautiful landscaping when searching for their next home, especially in bigger cities. After all, who wouldn’t want to come home to a gorgeous yard and perfectly sculpted bushes after a long day of work? But, yard care and landscaping take more time and effort than most tenants think. And some might be surprised when their landlord asks them to be responsible for yard maintenance. This begs the question, “Can my landlord make me water the lawn?”

Unfortunately, there is no answer that will universally apply to every situation. Just who bears the responsibility of yard maintenance and landscaping will depend on the lease agreement. And, as you may know, every lease agreement is different.

 

Types of Rental Property Landscaping Agreements

Whether the landlord or tenant is in charge of landscaping and yard care will depend on the agreement. There are three types of agreements when it comes to landscaping for rental property: self-service lawn care, full-service lawn care, and a la carte agreement.

 

Self-Service Lawn Care

Under this type of rental agreement, lawn maintenance falls under the tenant’s responsibility. This means they must do all the mowing, watering, weeding, trimming, and fertilizing on their own. They can also hire someone to do it for them, but the financial obligation will still rest on their shoulders.

A self-service lawn care agreement is particularly beneficial to the landlord or property manager. This is because all of the responsibility belongs to the tenant, leaving the landlord or property manager free.

But, there is also a disadvantage to this type of setup. There is always a risk that the tenant will fail to take care of the yard and landscaping as stipulated. This will result in a poorly maintained yard, which can bring down curb appeal and property value. Moreover, in some cities and local areas, a homeowner (in this case, the landlord) may be fined for failing to keep their yard in good condition. If the home belongs to a homeowners association, similar penalties may apply.

 

Full-Service Lawn Care

rental property landscapingFull-service lawn care, on the other hand, is the complete opposite of self-service lawn care. Under this type of rental property lawn maintenance agreement, the landlord or property manager takes full responsibility for yard care and landscaping. This may also include snow and ice removal, especially in areas that experience a lot of snowfall.

This type of agreement is beneficial to landlords who are extremely picky about their yard and landscaping work. Since the responsibility falls on them, they have complete control over what plants to place and how high shrubs should be. More often than not, landlords or property managers hire a third-party professional to take care of this. But, that would also mean having to cover an additional expense, though many landlords include the landscaping cost in the monthly rent.

 

A la Carte Agreement

The last type of agreement is made on an a la carte basis. It is a cross between self-service and full-service lawn care. Under this setup, landlords and tenants can agree to take responsibility for certain aspects of yard maintenance. For instance, the landlord may be in charge of trimming trees and landscaping, while the tenant only needs to mow and water the lawn. The landlord may even pay part of the water bill so that the tenant can water the lawn without worry.

An a la carte agreement is often considered to be the best among landlords and tenants. This is because, instead of shouldering all of the responsibility, both parties share a portion of it.

 

Landscaping in Multi-Family Dwellings

Apart from the rental agreement, landlords and tenants should also consider the type of property in question. If a tenant is renting a single-family home that comes with a lawn, it would make sense for them to take care of it (or, at least, some of it). But, landlords who own and operate multi-family dwellings, are generally responsible for landscaping and any maintenance outside of the area the tenants have rented.

 

Ensuring the Safety and Habitability of the Home

Sometimes, local laws and HOA communities will have rules about landscaping that homeowners must follow. While the rental agreement should still reflect the discussed terms, it is generally the landlord’s responsibility when local laws or HOA rules are involved. If an unmaintained yard also interferes with the habitability of the home, landlords should step in. This is true even if the lease agreement does not stipulate the landlord’s responsibility to maintain a livable home for the tenant.

Yard care and maintenance can also be a matter of safety and security. Untrimmed trees and bushes are fire hazards to the property. Additionally, they present a place for criminals to conceal themselves. Overgrown branches can also be used by thieves to break into homes through the windows.

 

Can Tenants Alter the Landscaping for Rental Property?

Broadly speaking, tenants should not change the landscaping in their rental without obtaining permission from their landlord. This includes planting their own flowers or vegetables and installing a garden. If a landlord agrees to let their tenant alter the landscaping, tenants should get permission in writing. It is also a good idea to be specific about what the tenant can and can’t do. This will eliminate any potential misunderstandings down the line.

 

Is Lawn Care Tax Deductible for Rental Property?

While some landlords don’t like the idea of paying for lawn care and landscaping, there is a silver lining. All maintenance expenses for a rental property are tax-deductible. This includes yard maintenance and landscaping for rental properties. It is best to ask an accountant for tax assistance. Alternatively, landlords can also seek help from a property management company.

 

The Key to Harmonious Living

Understanding who is in charge of landscaping for rental property is paramount to a smooth and harmonious landlord-tenant relationship. Discussing the obligation beforehand and getting it all in writing will help avoid disputes down the road.

Some landlords simply don’t want to handle landscaping duties, in addition to their other responsibilities. If you feel the same way, it is time to look for a property management company. Start your search for the best one in your area with the help of Rental Choice’s online directory.

 

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Is Landlord Responsible For Fallen Tree?

Who is responsible for tree trimming in a rental property? Is landlord responsible for fallen tree or is the tenant? Here are the answers to the most asked questions about tenant yard maintenance responsibilities.

 

Is Landlord Responsible for Fallen Tree?

A landlord’s maintenance duties are not only limited to the interiors of a rental property. However, most landlords — and even most tenants — forget about exterior maintenance. As such, the issue of landscaping, particularly tree trimming, might not be discussed before a tenant moves in, resulting in confusion as to who bears the legal responsibility for fallen tree damage.

So, who is responsible for cutting overhanging tree branches? It depends.

 

Consult the Lease Agreement

First, consult your lease agreement to see whether tree trimming falls under the responsibility of the landlord or the tenant. In most cases, tree trimming is not covered by the lease agreement.

However, some landlords may ask their tenants to sign a lawn care or landscaping addendum. If there are no provisions regarding tree trimming, the responsibility typically falls on the landlord.

 

Landlord Responsibility for Trees in a Rental Property

landlord responsibility for treesTree trimming and removal are not considered as part of regular landscaping. However, it is still an essential component of preventive maintenance. It’s important to cut down overhanging tree branches because they may cause damage to the roof, windows, and other structures. They can also fall on power lines and cars, which can cause significant property damage as well.

Pruning dead or damaged branches keeps trees strong and healthy. Having healthy and well-maintained trees can enhance the aesthetics of a rental property. As such, landlords can reap additional benefits when they assume responsibility for tree maintenance.

Conversely, not assuming responsibility for tree trimming and removal can lead to potential issues. Several states require property owners to secure a work permit before removing a tree. Some areas also have restrictions on tree species, their height, and their diameter. Tenants are not usually privy to this kind of information. And so, if you have tenants cutting down trees without permission, it could lead to massive fines for the property owner.

 

Laws on Cutting Trees on Private Property

Not all states have laws on cutting trees on private property. As such, landlords should check with their state before undertaking tree trimming or removal on their rental property.

For example, Colorado and Illinois require a work permit before owners can remove trees on their private property. Meanwhile, California and Georgia have removal restrictions for specific tree species such as heritage trees (oaks) and hardwoods, respectively.

 

Trees on Public Property

There are also different regulations regarding trees that encroach upon public property, such as streets or sidewalks. In some areas, the city may remove overhanging branches even without permission from the owner. On the other hand, in other places, it is still the owner’s responsibility.

 

Trees on Private Property

What about trees that encroach upon a neighbor’s private property? It’s best to consult your state and local laws as well. However, there are two notable examples.

In California, if a tree straddles property lines, both owners are responsible for maintaining it. You can trim or cut down the tree even without notice or consent from your neighbor. If a tree is located on one property but has branches or roots that are invading a neighbor’s property, the neighbor can ask the owner to trim the tree. If the owner refuses, the neighbor can trim the tree—but only those that are encroaching upon their property. They must also trim the tree in a way that does not damage the tree.

 

In Florida, the law acknowledges that overhanging branches or roots that encroach upon a neighbor’s property may serve as a nuisance. However, owners are not liable for such nuisance. The neighbor is free to trim the tree but at his or her own expense. If a dead tree, branch, or root falls on a neighbor’s property, the owner may be held responsible for any damage. If the tree that falls is alive or healthy, the tree owner cannot be held liable for any damage. This also applies to tree damage due to natural disasters.

 

Frequently Asked Questions About Fallen Trees

Here is additional information that establishes the landlord’s responsibility for tree trimming and maintenance.

 

Is Tenant Responsible for Landscaping?

Tenants may have landscaping responsibilities, depending on the provisions in their lease agreement or landscaping lease addendum. These duties may include watering, mowing, and weeding the lawn.

 

Are Tenants Responsible for Trimming Trees?

Tenants may perform general lawn care or landscaping. However, major tree maintenance, which includes trimming and removal, should be handled by the property owner or landlord.

 

Is Landlord Responsible for Tree Damage to Car?

who is responsible for tree trimmingIf a natural disaster causes a tree to fall on a tenant’s car, your insurance claim is likely to be denied — unless “Acts of God” are included in your policy. However, if you have proof that there was neglect on the side of the landlord, you may be able to file a claim with your insurance provider.

For example, if the tree was damaged or diseased but the landlord did not address the issue, they could be held liable when the tree falls during a natural disaster. These cases are usually evaluated on a case-by-case basis so tenants should coordinate with their landlord and insurance providers.

 

A Definitive Answer to Is Landlord Responsible for Fallen Tree

Is landlord responsible for fallen trees? By now, the answer is clear. Landlords should remember to include tree maintenance in their list of duties as this reduces potential liabilities. Meanwhile, tenants should always work together with their landlords to ensure that the rental property is well-maintained both inside and out.

 

If you are a landlord who needs help with tree trimming and other maintenance tasks, consider the advantages of having a property manager. You can check out Rental Choice’s online directory to find the best property management companies in your area.

 

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