I've leased a home for about 18 months. I had an issue with the sprinkler system acting erratically. Disagreed with the landlord about whether the control box should be replaced. Later that day, landlord sends email requesting that I fertilize the lawn and trim trees. Noted "the grass in the backyard has not been properly fertilized and cut in a timely manner." Gave me four weeks to correct, otherwise they'll hire someone and charge me accordingly. My lease states "Tenant shall water the garden, landscaping, trees and shrubs, except: Landscaping to be kept in current condition and maintained per cc&rs." And "Tenant shall maintain the garden, landscaping, trees and shrubs, except: Landlords approval needed before any landscaping modifications made"
A few more details: I live on about 1 acre in a desert area of Southern California. Approximately .25ac is grass. The rest is a barren surface, decomposed granite. I understood upon moving here that the irrigation was my responsibility. I kept the lawn watered (and mowed), adjusting up and down as necessary for hotter and cooler periods. Because our irrigation pushes us into inefficient water use rates, our monthly bill averaged over $200 this summer.
We've experienced multiple water-related problems.
First, I came home to a flooded side yard, the sprinklers of which are run by the same box that is currently malfunctioning (though it appears to be a different issue -- that was plumbing, now it's the controller). A repairman visited and seemed to fix that issue. After a couple weeks it became apparent that all the sprinklers in that zone weren't working. We took care of it and the lawn returned to its previous moderately healthy condition.
Later, it came to my attention that the water pressure inside the house was about 140psi. Apparently, this is double the preferred rate. At first, it just seemed like we had great water pressure. But then the water dispenser in my refrigerator broke to the tune of a $600 repair bill.
They gave explanations about why and also complained to me about how expensive it would be to replace the pressure regulator. The job was finally completed about eight weeks after my initial complaint. Landlord always succeeds in creating extra friction whenever I relay that something needs fixing. Usually argues that the problem isn't as bad as it seems, tries to take the easy way out unless I continue to press for resolution. Landlord is unwilling to acknowledge that the doubled water pressure could be a reason my refrigerator needed to be repaired. Landlord is unwilling to compensate me for either that repair or the water waste that has occurred during these malfunction events.
During pressure regulator repair process back in July, we discussed irrigation, and that the tree in the front yard had grown too much. Landlord said we could turn off irrigation to the tree. I never enabled irrigation for this tree. I adjusted any of the stations that were programmed when I moved in, as mentioned above. Landlord gave limited specific instructions about maintaining the yard. Mostly how to use ignition spray to start the dilapidated mower they lent me and how to adjust the time up and down on the controller boxes. Landlord has visited the property at least seven times over the 1.5 yrs we've rented here, with occasions in early May, late July and most recently this past weekend. There has never been a mention of me needing to fertilize the lawn.
When I moved in, I noticed two dead patches off one of the patio areas. Landlord explained previous tenant made some kind of mistake. I now realize these are the areas where water puddles when the sprinkler malfunctions. They seem to be low spots. Anyway, when I moved in, they said that they would seed and feed those areas. It never took. They said the previous tenant needed my phone number to get in contact with me for a time when he could come and work on it. Never happened.
There's another patch on the opposite side of the yard that's browning/growing bare. I showed landlord as part of my case to perhaps reduce irrigation or just let the already unimpressive lawn go. I understand why he wants to keep it, even if it's expensive and I might not if I owned the place. He responded that the browning is normal because it's so hot during summer in Riverside. That area has gradually declined but is not yet as barren as the spots beside the patio.
Landlord has a stash of junk piled up against one of the front fence walls. It's a collection of stone scraps from the entertainment center wall feature they built in the living room, with two pieces of plyboard up against the wall atop a good chunk of the stone. Landlord initially promised to pick up on movein day. Then said he needed a box and would get it next time. Never mentioned it again, though I have personally walked through that area with him and know he knows it's still there. This area was the first part of the lawn where we started to see a lot of gopher activity. Presumably because they eat the bugs that hide in the dark, cool area under that junk heap. This home is easily in the lower 25% of homes in the neighborhood. All built around 2004, this one has tons of cracks in the walls and fence spackle, there are three uncoordinated laminate floor surfaces (presumably because they were cheaper), the stairs/hallway carpet is very old and smells of previous tenant's dog, the home hasn't been painted inside or out in several years and has tons of patchwork paint inside. When the matching under-counter microwave/exhaust malfunctioned, they replaced it with a hood that fits poorly and prevents cabinet doors from opening all the way; did not fix the backsplash and left the wall behind the stove a mess. The yard is not a uniform species of grass and seems to have never been professionally maintained.
I mention all of this because I believe it reveals landlord's intent: to make the highest return from the absolute least investment.
So I need to know what I have to do here.
Say I fertilize the lawn. Do I even have to do that? Now that it's been requested, is that enough? Can they blame me for the lawn not being in satisfactory condition, even though they've visited several times and only mentioned this weekend? If so, what could they do? Take from my security deposit? Do the overall condition of the home and the landlord's cheap tendencies have any influence over how this might be decided in court? The landlord willingly made it so "keeping the lawn in current condition" was basically impossible. If the landlord did things that led to the lawn being degraded, how can I be expected to make it perfect?
Submitted November 10, 2015 at 02:45AM by rickmickman http://ift.tt/1kHdD5I RealEstate
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