My landlord's handyman took out all my plants in the ground, one still with the Home Depot tag on it, because

Question

he said they were overgrown and it looked like a jungle. I thought I should have at least been asked to trim them or warned, but instead they were actually removed from the ground and now it's dirt and grass. There are other plants that are overgrown on the premises, but they were not trimmed, and definitely not removed. Now the landlord doesn't want to pay for new plants. And the handyman gets an attitude with me like they were "a jungle" to justify his decision to remove the plants. The landlord apparently did not give any instruction either way. My question is, is this legal, to remove someone's property, even though my plants (my property) were in the ground (landlord's property). Anyway, I am pissed and don't have the money to start all over with 5 years worth of gardening. Seriously, all it needed was to be trimmed, and all they needed to do was ask. Please help me understand if this if justified for them, or legal.

Answer 1

In my opinion, the pivotal issue would be whether or not the landlord gave permission (preferably in writing) for the plantings originally. If he authorized your landscaping, he isn't in a good position to rip them out without at least speaking with you about it.

If, on the other hand, the plantings were not approved or authorized by the landlord - he has the right to remove them at will and you may not have any recourse. Any unauthorized additions or upgrades to a rental property (including plantings) can normally be undone at the landlord's option and without your permission. If that is the case, he doesn't owe you any compensation for the value of the plants or the labor you invested.

Read your lease carefully and your state's landlord & tenant law to see if this issue is addressed from another perspective.

Answer 2

If your landlord OWNS the property on which you planted, then he or she has EVERY RIGHT to have the plants removed. It is his or her property! Your property is NOT YOUR property (you don't own it) if you are merely renting from someone else. Sorry, but you will have to abide by the landlord's actions, or move. The little poster above is wrong as are most of these people who haven't a clue as to what they are talking about. Unless YOU OWN THE PROPERTY (that which you are living upon, including the land) then your landlord rules. He or she does NOT have to specify that you cannot plant on the property. Period!

Answer 3

Not justified, certainly, if your landlord owns the property and didn't specify any instructions. Consult with him and see if he'll allow you to withhold some rent money to purchase new plants, so you won't have to spend your own money. It's his property, so even if the yard looks like crap now, I'd let the landlord replant, and certainly have him talk to the handyman re future "maintenance". And any legal action would be the property owner's ground to tackle.

Answer 4

Me i would burn both of there houses down while they slept in them. But foreal call the local police and tell them that your house was vandilazed. Give them the name of the handyman who did this but tell him that he was the handyman jus say he is someone who dugg them up. Let it get settled in court the judge will probably make him pay the cost of the plants and if you say you paid to have them put in he will have to pay that.

Answer 5

There is usually an organization for renters to mediate actions such as yours, if not you might contact the Attorney General's office in your State.