Are the tenants right?

Question

My parents recently bought a property. The people my parents bought the property from left their plants and flowers there for my mom to take. My parents recently rented the property to a couple with a child and a grandmother. A month or so after they moved in, my mom went to the property with our gardener and started pulling out the plants in the backyard to take home. The tenant ran outside yelling at my mom telling her that she was not allowed to take the plants. She said that since she was renting the property it was HER property and taking the plants was taking part of her property.

Was she right? I have never heard of anyone do this before! The lease is very, very basic and says nothing about this. The tenants have been giving us nothing but trouble since day one. They yelled at my mom in her face and constantly threaten to call the police even though my mom did nothing to upset them. Were the tenants right about the plants and can my parents take legal action?

The plants were not these huge palm trees or anything. They were small flowers none of them exceeded a foot high. The property is lush with flowers and plants so it will not decrease the value of the property and it does not take away from the garden at all since there are so many other flowers around.


this was not an invasion of privacy. We were doing work in the backyard and informed them that we were doing work back there. at a suitable hour The gardener was already with us so she asked him to pull out the plants.

Answer 1

Depends on what state you're in, what mood the housing court judge is in the day the case is heard, a variety of other real-world factors (I am not a lawyer). Your best strategy is to go back to the property, probably with written notice, explicitly observing the "peaceful enjoyment" clause, maintaining the position that you did not rent them the land accompanying their living situation (in other words they wouldn't own your oak tree if you had one in the yard) WITH A CAMCORDER and record the behavior you described. Behave politely, do not engage them in a confrontation (argue with them), and begin the documentation process to evict them. If you could bring a bouncer or bodyguard friend that would be ideal; your mom's safety is far more important than any aspects of property ownership rights.

Answer 2

I think technically that since the property was rented with the plants that the tenants might be right although yelling and screaming was not the best way to handle that. The reason I think this is what if the prior tenants had left say a couch and told your mom that she could have it and then she rented the property without removing it, which would mean to the tenants that the couch was there for their use and then your parents decided after the tenants had moved in and were using it to go in and remove the couch. That wouldl be wrong so I would assume that the plants would possibly be the same way. My suggestion is when these tenants move out to get the plants then. Most people wouldnt have cared but obviously these tenants want to raise a stink over not getting to smell the roses. lol

Answer 3

Hi,
This is your Mom's property. She can do anything she wants to the landscaping. The tenant has no legal right to complain or get in your Mom's face. This is a huge red flag, and these tenants should be told in no uncertain terms that they can move if they don't like it. If they planted the plants without your Mom's permission, then the plants can be removed too. The only thing that they have rights to is everything inside the four walls they are renting.....nothing else unless it was stipulated in the rental agreement. My guess is they will be late on the rent. Start the eviction process the first time they are late. Don't give this type of people any room to wiggle at all! Their mentality is not much higher than a worm, so be careful and act quickly when a tenant is so disrespectful.....it spells trouble.

Answer 4

I'm not sure about the law but if the tenants moved in and rented the property as is, that probably includes any fixtures such as garden plants. These should have then been removed before the prospective tenants saw the property anf agreed to lease it as is. That's not to say that a reasonable person would not respect the owner's right to remove some plants but you'd best check on the law here.

Answer 5

That is definitely an odd set of circumstances.

The legality of your mothers actions would seem to be ambiguous- it could go either way. However, were I her, I would leave those flowers where they are and take them after these tenants leave (and before new tenants arrive). Whether it is legal or not, it isn't very honest (nor is it good business) to rent tenants an apartment with a nice garden and turn around and rip it out a month later.

I have rented several apartments and have always been an ideal tenant. Even I would have confronted your mom about ripping up those flowers.

Answer 6

Your parents are wrong and the tenant is right! PERIOD!

Although your parents may own the house, it's the tenant's HOME. Properties are always rented "as shown" and any landscaping is included. Additionally the landscaping is physically attached to the land and the right of enjoyment accompanies the property for the benefit of the tenant.

The tenants don't own the landscaping, but your parents have no right to remove it either. The tenants do have to maintain the landscaping in good order.

If I were your tenant and you pulled a stunt like that I'd be in your face as well! You don't have a "bad" tenant, but your tenant sure does have a "bad" landlord!

It doesn't matter if it's a single daisy or a giant redwood. The property owner has NO right to remove any landscaping without the express consent of the tenant.

You can apply the same logic to the interior of the home. Let's say that you rented a nice place with ceiling fans in every room and high-end cabinetry in the kitchen. Wouldn't you be upset if just after you moved in the landlord showed up and removed all of the ceiling fans and replaced them with bare-bulb light fixtures? Or removed the nice kitchen cabinets and replaced them with cheap flat-pack replacements? Of course you would! You would be P1SSED!

Answer 7

Legally, the tenants are correct. When you rent a property, the expectation is that anything attached (including planted) remains with the property. The sellers were also obligated to leave them unless they were excluded in the purchase agreement.

The tenant must also remember that it's not "HER property". However, she has rented the use of it and she has the expectation that it will remain in the condition it was when she rented.

Of course, yelling at your landlord, and making threats is always a bad idea.

Your mom is under no obligation to renew the lease when it ends. She could also write into a new lease (when this one expires) that she will be removing the plantings.

Answer 8

That means the tenants have been given notice to vacate on or before 7/1/09. If they don't vacate you can get an eviction order from a judge and the Sheriff will be present at the actual eviction to enforce the judge's order. Getting the eviction order from the judge is what takes a little bit more time.

Answer 9

You don't mention your local jurisdiction, which will affect the legality and tenant's rights too. Edit your post, and those with local expertise will be able to add some more precise info.

There could be a couple of issues -
1. Invasion of tenant's privacy, just turning up and entering

2. Tenant's claiming that you are taking their property - unless you can prove the plants were your material - photo's that can be dated, should help.

What legal action do you think your parents can take? She will be bound by the tenancy terms and local laws, as are they.

It's worth reporting aggression to the police if - after trying to deal with issues in a mature way, the tenant keeps on. That way, should you ever seek to evict them, there are records of their inappropriate behavior etc.

Answer 10

This is a very good question. I do not have a "legal" answer but my guess is that if taking the plants will lower the value of the property then your Mom will have to leave them. I would be more concerned with getting these tenants to move out than whether or not your Mom can take the plants.