Landlord Complaining About Yard Work-Who's Responsible?

I am renting in Washington State. The landlord lives out of state and has a property management company handle collecting rents, scheduling repairs, etc. The landlords relative came out today to fix a leaky bath tub pipe. When I opened the door he angrily told me that he had taken pictures of the front yard and will be taking pictures of the back. Then he went off on me and said the landlord (his son) had received 2 complaints about the lawn not being cut and that it is my responsibility. I told him it was NOT his place to discuss this with me and to have the landlord or property management contact me since I thought it was the landlords job to maintain the yard. Bushes need to be trimmed so I can have the oil tank filled as well. Just to fill the lawnmower with gas is $30. Isn't this what a landlord is supposed to do?

Then he got real mad and said that the landlord is gonna sell. I pay my rent on time and pay for garbage, sewer and water and take good care of my living space. I keep it clean and sanitary inside the house and never have parties, etc. And yet they want to evict me and sell regarding the lawn. Kind of baffles me.
Any help will be much appreciated as to what the law states.
thank you.

Surely this could be cleared up by a quick perusal of your rental contract. Does it specify who is to be keeping up the lawn? Obviously, you would think it was the rental companys responsibility, but maybe not. Can you call the rental company and ask? Read your contract you signed. I am sure it will specify who is responsible.

I have left a message with the property management. I have a copy of the lease in my papers at work (unfortunately both my kids have the flu) so I can't go in today. I was reading about the Washington state landlord tenant law that anything in the rental/lease agreement that conflicts with the landlord tenant law cannot hold. The landlord tenant law supercedes it. Which is why I am wondering what the law states regarding the property being kept up. There are large bushes that need to be cut or else the oil tank cannot be filled and tree branches that are overgrown. Keeping the lawn cut is only one part of it. Honestly I can't afford the gas to put in the mower, let alone gardening equipment, weed killer, etc. I am borrowing money right now to fill my own gas tank to drive let alone to garden for the landlord. I know of a property for rent right now which is on 20 acres. I just can't imagine that it is in the law for the tenant to take care of that but since I am not sure how it is interpreted under landlord duties and tenant duties I just don't know.

The message I got was very clear: due to me not keeping the lawn cut they are going to sell the house. This is the first time I knew they were even bothered by the lawn (it was totally overgrown and littered with garbage when I moved in mind you). Kind of harsh retaliation for a first time complaint from them. I have another issue with them but I will post it on a new thread so others can find the post if they have a similar problem.
thank you for any advice you can give. I'm sure you are all very busy.

Even if there are laws that supercede your rental agreement, you must start at the beginning--your rental agreement. That is like saying, "Eh, the Supreme Court has ruled"---of course they supercede other rulings since they are the highest court in the land, but it isn't practical to look to them to settle this dispute. Also, the higher court may supercede rental agreements that are not in accordance with the law, but I haven't heard you say anything yet to indicate that you rental agreement is not in accordance with the law. Regarding the twenty acres scenario you outlined--that really is irrelevant. Other people's rental agreements are not relevant to yours whatsoever. In other words, if I have a dozen horses, I may AGREE to keep up the twenty acres on my own---perhaps the assumption is no one would rent twenty acres without a reason ( to farm it, use it for pasture, etc). Your reasoning is not sound---there is no parallel between your rental agreement and the hypothetical scenario you outline. I don't believe the higher court stipulates WHO has to cut the grass. While local laws and ordinances stipulate landlord regulations, I cannot imagine requiring landlords to cut the grass would be part of that. Issues such as smoke detectors, safety issues, etc. are law. Cutting grass? I doubt it. I have rented over a dozen houses in the past and have never yet had the landlord cut the grass FOR me. Of course, these were not property management companies, but private individuals.

Your issue is very simple. Get your lease agreement and read it. Who is responsible for keeping up the yard? If it is your responsibility, and you want to stay in the property, explain your circumstances and ask for leniency. However, from what you are saying, they seem to WANT you to move out for some reason ( so they can rent it to someone else, or sell the property, etc). Again, your contract will tell you specifically what they are allowed and are not allowed to do. Also your assumption they cannot take action against you for "one little violation" is, again, incorrect. Although it doesn't seem like a very compassionate thing to do, they most certainly can. Any violation voids the contract. Example: If I miss a monthly payment on my mortgage, or even pay it three weeks late, the company has the legal right to foreclose on me and take my house. Now, obviously, they do not, but they CAN. Understand?

My experience has been if you force the issue and stay, they will make you wish you had not. Also, the fact that a property management company is involved would lend credence to the idea that they are abiding by the lease agreement--a company like that has a lot to lose for violating the law and their contracts. This doesn't mean it doesn't happen, but I believe it is less likely to happen as opposed to a private individual with no oversight like a company would have.

Get your agreement. I suspect it is well written. If it is not, I would go to the local magistrate who handles evictions, small claims, etc. and speak to them. I would also look for another place to live.

As far as not being able to get the rental agreement, and having children, being busy, et al, I certainly understand. My husband of twenty years was killed three weeks ago when the truck he was a passenger in was struck head on by a school bus. He leaves behind our seven school aged children, all of whom I homeschool while I am in law school. I said all of that to say, simply, as a mother, you have to realize at times that if it's "going to be", it is up to "ME". Put the kids in the car and TAKE them with you to get the paperwork from your office. Or, have a coworker bring it by your house. Ask a friend, or relative, do something. In other words, literally the roof over your head depends on those papers---I'd WALK to get them if I had to.

Good luck.

Check the terms of your lease carefully. Unless it's clearly stated you as the tenant are responsible for "upkeep and maintenance," or clearly spelled out otherwise, the landlord is responsible for insuring the property complies with your local codes (among other things.) I've provided a link below for your information; the 2nd link is less formal information, along with telephone numbers to contact.


http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.060


http://housing.asuw.org/pdf/WashLandlordTenantAct.pdf

In regards to your post that someone other than either the landlord or the rental management company contacting you either in person or otherwise in regards to the condition of the property, I am in agreement with you. Unless this person is an authorized agent acting on the landlord's behalf, I don't believe he has any business discussing the terms of your lease nor the condition of the property with you. Again, this is assuming there is no written agreement that gives him authority to act on the landlord's behalf.

As far as the rental/management company's responsibility in this, that would depend on the terms of the agreement they reached with the landlord. Typically, this type of company usually acts as the landlord's agent only in the collection and payment of rents due and to make sure the unit/property remains rented and not vacant. They're typically not responsible for the maintenance or upkeep of the property unless it is specifically spelled out in the agreement. Unfortunately, you don't have a copy of that agreement, and since you're not a party to it, it's not likely you can get a copy either.

Any seller is entitled to sell their property, regardless of the reason you've been given. (With all due respect, they're not required to tell you why.) They're only required to give specific notice to vacate, in writing, or if nothing else, maintain a month to month lease (or other mutually agreed upon arrangement.)

Again, I'd be very careful to review every part of your lease. I'd also suggest you put any and all future correspondence in writing directly to the rental management company. Personally, I would also request in writing that any future repairs, etc. be scheduled well in advance and that any discussion of the terms of your lease, maintenance of the property or ANY topics not directly relating to the repair remain ONLY between you, the tenant and either the management company or the landlord himself.

Good luck. You may find further clarification or assistance at the telephone numbers posted on the 2nd link. *All of the above is not to be intrepreted as legal advice, but simply as my opinion.*