Legal Question in Landlord & Tenant Law in Washington
Lease w/Option to Buy
I am currently renting to a tenant under a Lease with the Option to Purchase contract. The contract is not up until January of 2008. However, there is a term in the contract that states that the tenant must mow and water the lawn and keep it in good condition, and they have not done so and have let the backyard die entirely. Is this enough grounds to have them evicted?
1 Answer from Attorneys
Re: Lease w/Option to Buy
In the greater scheme of things, grounds for an eviction is a breach of a material term of the lease.
A material term is, for example, the obligation to pay rent on time and in the right amount; another is to not have a meth lab on the premises.
Watering the lawn (at least in Western Washington) is pretty minor. As I write this, it is pouring with the most water we've seen in a couple of years; your back yard is not going to suffer permanent damage just because it wasn't mowed or watered this summer.
In my experience, if the landscaping is an important element of the lease the landlord pays a landscaper to keep it up regularly, rather than relying on a tenant with unknown gardening skills.
I see pre-printed contracts that have terms about the yard, but frankly, in my experience, they are not really enforceable. Could be different for you , of course, but I would decline to represent a landlord whose only complaint is a lack of yard work.
Hope this helps. Powell
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