Eaton Realty Blog

Key Takeaways: Florida law does not assign responsibility for yard maintenance to the landlord or tenant. Instead, yard maintenance responsibility is usually spelled out in the lease. Tenants can be asked to perform routine yard maintenance, like mowing the lawn and weeding. Major landscaping work should be done by the landlord. Potential consequences of an overgrown or unsafe yard may include code violations, HOA fines, and even legal liability. Because the condition of the lawn is ultimately the landlord’s responsibility, it may be wise to hire a yard service instead of delegating the work to tenants. Eaton Realty’s Tampa property management services include service coordination for landscaping crews and more. Table of Contents document.addEventListener("DOMContentLoaded", function () { const container = document.querySelector(".ck-editor-body.descr"); const toc = document.getElementById("toc"); if (!container || !toc) return; const headings = container.querySelectorAll("h2"); if (headings.length === 0) return; const ol = document.createElement("ol"); headings.forEach((h2, index) => { // Create an ID if missing let id = h2.id; if (!id) { id = "heading-" + (index + 1); h2.id = id; } // Create list item + link const li = document.createElement("li"); const a = document.createElement("a"); a.href = "#" + id; a.textContent = h2.textContent.trim(); li.appendChild(a); ol.appendChild(li); }); toc.appendChild(ol); }); Hillsborough County has a humid subtropical climate. This weather is ideal for enjoying the outdoors year-round, but it also means that lawns and other greenery grow fast. This makes it particularly important to know whether the landlord or tenant is responsible for yard maintenance under Florida law. Broadly, Florida law requires landlords to maintain rental properties in compliance with local codes, but it does not assign responsibility for yard maintenance. Typically, the question of who is responsible for the lawn, trimming the hedges, and other outdoor chores is specified in the lease. Given the possibility of citations, fines, and potential liability, Florida landlords should carefully consider whether it makes sense to handle yardwork themselves or make the tenant responsible through the lease. At Eaton Realty, we offer premium quality property management services to landlords throughout West Central Florida. We can offer our advice on how to handle yard maintenance, and can even suggest companies that we work with to handle lawn care for you. Reach out today to talk to a Tampa property manager about your rental properties. Want to avoid worrying about yard maintenance for your Hillsborough County rental? Let our professional property managers handle it for you › 813-672-8022 What Does Florida Law Say about Rental Property Maintenance? Under Florida’s landlord-tenant law, landlords are responsible for maintaining rental properties in a safe and habitable condition. They must also maintain residential rental properties in accordance with all applicable housing, building, and health codes. However, this law does not specifically mention routine yard maintenance, such as mowing or landscaping. Various local codes do prohibit overgrown lots or yards. If a yard is overgrown or has become a nuisance, a landlord could be cited for a code violation. However, unlike other aspects of providing a safe and habitable living environment, yard maintenance can be delegated to the tenant by the landlord. As discussed below, yard maintenance is often addressed in a residential lease. A landlord might specify that a tenant is responsible for mowing the yard on a weekly basis during certain months. Alternatively, the lease might state that the landlord will provide all yard maintenance services. Because Florida law does not assign responsibility for yard work to the tenant or the landlord, it can be determined by the lease. The Lease Controls When It Comes to Yard Maintenance In Florida, lease agreements spell out the rights and obligations of each party. This includes things like yard maintenance. As long as a lease does not violate state law when it comes to property maintenance, landlords and tenants are free to negotiate the terms. This means that the parties can assign responsibility for the yard work as they see fit. Many Florida leases will either assign all yard maintenance to the landlord or assign routine yard care to the tenant. In some cases, the responsibility will be split between the two parties. For example, the tenant may be responsible for mowing the lawn while the landlord tends to the landscaping. What If The Lease Doesn’t Specify Who Is Responsible for Yard Maintenance? If the lease is silent on yard maintenance, then the landlord will be responsible for all yard maintenance. This is particularly true when it comes to any work that may impact safety, habitability, and/or code compliance. This can include issues like: Overgrown grass that violates city or county codes Drainage problems that cause standing water or flooding Pest infestations Dead trees or branches that may be dangerous Yard Maintenance Responsibility for Rentals With an HOA If your rental is located in a neighborhood with an HOA, then you’ll want to read through your HOA rules and regulations before assigning yard maintenance responsibilities to your tenants. Some HOAs in Florida (like FishHawk Ranch in Lithia) require landlords to provide lawn care. If a landlord is caught delegating yard maintenance to tenants in an HOA with such restrictions, then the violation could result in fines or penalties. Additionally, even if your HOA doesn’t require landlords to provide yard maintenance, they may still require landscapes to be kept to a certain standard. The landlord will ultimately be held accountable for any violations if the yard doesn’t meet HOA standards. In these situations, landlords may prefer to handle yard work themselves. Responsibility For Maintaining Common Areas Landlords in Florida are also usually responsible for yard work for multi-family complexes or apartment buildings. When there is a shared lawn or common area, the landscaping work usually can’t be assigned to an individual tenant. When Tenants Are Responsible for Yard Maintenance Tenants in Florida are only responsible for yard care when the lease clearly assigns it to them. There may be a lease clause that requires a tenant to mow the lawn regularly, trim hedges or bushes, weed, or generally keep the yard clean and orderly. These types of lease terms are usually enforceable if they are clear and reasonable. Tenants may also be responsible for any damage that they cause to the yard of a rental property. For example, if a tenant damages an irrigation system or kills the grass at a rental home, then they may be responsible for repairs or restoration. This is similar to a tenant’s responsibility to pay for damage beyond normal wear and tear to the house itself. However, tenants are usually only responsible for routine upkeep and minor maintenance. Larger, more extensive yard work, like removing trees or major landscaping renovations, is typically the responsibility of the landlord. To look at it another way, if the work were considered a capital improvement, then it is probably the responsibility of the landlord, not the tenant. Of course, there are possible exceptions to this general rule. For example, if you are renting a property to a professional landscaper, you may want to negotiate some work in exchange for a discount on rent (or free rent). Any major work that you may ask the tenant to do should be clearly documented as part of the lease or a lease addendum. Should I Ask Tenants to Do Yard Work at My Tampa Rental Properties? Few people truly enjoy taking care of their yards, particularly in the hot Florida weather. Even if you love mowing grass, you might not be excited about the prospect of mowing lawns at various rental properties. It can be tempting to put yard maintenance into your lease so that the tenants are ultimately responsible for the work. There are upsides and downsides to having tenants be responsible for the yard. It is important to remember that as the property owner, you are ultimately responsible for the condition of the yard. Consequences for failure to maintain the yard may include: Code enforcement violations HOA fines Disputes or legal claims from tenants Liability for injuries caused by unsafe conditions In other words, if you require a tenant to maintain the lawn and they fail to do so, then you will be ultimately responsible for these legal issues. You may also have to go through the legal process to evict the tenant and/or deduct the fines or fees from their security deposit if they don’t maintain the yard. If you want your tenant to be responsible for the yard, you should clearly spell out these responsibilities in the lease. Be specific about exactly what the tenants are responsible for (such as watering and mowing the lawn) and what remains the landlord’s responsibility. If applicable, include any standards for the yard’s appearance, including any HOA guidance. Alternatively, you can choose to include yard maintenance in the rent. Hiring a landscaping service can ensure consistency and compliance. It can also reduce the risk of the tenants causing damage to the yard or landscaping. It is also important to specify what the tenant is not permitted to do when it comes to the yard. For example, you might have a clause that prohibits the tenant from planting anything beyond flowers in the yard or altering the landscaping in any way. This can potentially help you avoid bigger issues, like a tenant ripping out expensive landscaping to install their preferred plants or planting an invasive species. Just like you can require landlord approval for changes to the house itself (like painting the interior walls), you can also prohibit changes to the landscaping or require landlord approval. At Eaton Realty, our property management services include service coordination. We require professional lawn care at all of the properties we manage, because we find this is the best way to preserve the value of your investment. We can help you choose a yard service and handle scheduling, invoicing, and more. Dedicated Property Managers for Hillsborough County, Florida In Florida, either the landlord or the tenant may be responsible for yard maintenance. You can choose to have your tenant do yard work as part of the lease agreement, or handle it on your own or through a yard service. Alternatively, our Tampa property managers can help handle yard maintenance coordination for you so that you don’t have to worry about it. Based in Lithia, Eaton Realty works with landlords throughout Hillsborough County. We offer the highest quality professional property management services, which include service coordination for routine maintenance and more. To learn more about our Tampa property management services, give us a call at 813-672-8022 or fill out our online contact form.