Landlord seeks to uproot bad seed

Q: I am a landlord and we moved across the country three years ago for a new job. I recently returned to the area to attend a wedding, so I took the opportunity to drive by my rental home. I was shocked to find that my tenants had dug out more than 30 mature plants from the front yard and backyard landscaping. The property is now barren!

I confronted the tenant and he claimed that all of these plants died and he did me a favor by disposing of them. But I also talked to the next-door neighbor who told me that my tenant had been holding yard sales and selling the plants, shrubs and trees. I am surprised my tenant didn't sell the lawn as sod! The neighbor didn't realize that my rental home wasn't owner-occupied, so she didn't think to call anyone.

My lease with this tenant clearly indicates that the tenant cannot make any alterations to the property and that he is responsible for any damage. Fortunately, I did take a full set of photos of the rental home, both inside and out, before this tenant moved in. What should I do? How would I prove the value of the missing plants and trees?

A: There are several lessons to be learned from your unfortunate experience. Because you don't live in the area, you need to have a system that provides you with local "eyes and ears" that would give you immediate notice of something crazy like this. You may have a friend in the area or you can at least give your contact information to the neighbors and ask them to call if they have any complaints about your tenant or see anything unusual.

Another option is to hire a local property management company. Many landlords think that property management is too expensive, but you obviously have demonstrated what can go wrong.

Even with my suggestions, it is important to be personally involved in the management of your property and to be able to see the property personally at least every six months. You should also require your tenant to agree to a property inspection of the entire home and grounds at least yearly.

An annual inspection of the interior and inaccessible areas of the property (like the backyard) is not automatic and is even illegal in many areas unless specifically agreed upon in writing with the tenant. But this can be very important if you live out of the area and do not have local management. ...CONTINUED

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