Prune of Junipers -- by landlord

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sunni
Posts: 11
Joined: Mon May 07, 2007 1:32 pm

Prune of Junipers -- by landlord

Post by sunni » Fri Oct 12, 2007 10:43 pm

Hi --

I live in a **very** small park in a town of 25,000 and have done so for 25 years. The first year, I had a lease. After that year, no renewal of the lease was offered and I was too young, too stupid, too busy to have it even pass my mind. Long story short, since then, I've simply paid on time each and every month. We have no problems with junk cars, refrigerators on decks, or any other matters I've heard discussed here. We have had a problem with a landlord who lives in the park and has never seemed to understand boundaries. For many years, he backed away from such things as knocking on my windows in my bedroom to get my attention while I worked on my computer (home office) or walking unannounced into one's yard to spray chemicals on a tree (one neighbor screamed because her kids went into pool under tree and she smelled the chemicals in the pool when she went to check on them), and more. He also ran into trouble when spoke to prospective buyers before a deal had been closed to give them not only a list of everything that had to be fixed on the exterior of a home and changed in the yard within 30 days of purchase but also what he had heard through rumor was needed to be repaired inside the home. When you move in here, you must give him $500.00 for the yard landscaping. He holds that in an account. You must maintain your yard, of course, but if you fail to landscape something out of your funds per his instructions than he taps your 500 to do it himself.

Well, this fellow has had his share of lawsuits. But I knew from experience that if I was to live here, it was best I stay friends or he'd make my life hell.

One year ago, his son took over. The son and wife and two children also live in this small park. As my home sits in an area carved out of a hillside (all of this town is hills), I have very steep hill walls on three sides of my home. When I moved in, I paid nearly 5000 to have them landscaped with a variety of trees, different types of junipers, and low-growing kinnikinick. Since that time, I have spent hours upon hours upon hours every spring carefully and properly trimming each one of the juniper fronds to control not only size and growth but also to assure that they were never sheared, which destroys their natural shape, results in a bunch of twigs and is simply ugly.

Four months ago, I hear machinery roaring. I am working -- I am a journalist with deadlines who lives on an adrenaline rush. When I have my first free moment, I look to see what's up and die. Without notice, he removed four of my jupiters. Dirt remained.

We went round and round on it. He replaced the plants at his cost. Now I have mature plants and a center spot that still is nothing but dirt and four small plants. The hill falls. The grade is about 75 degrees and 10 feet high, no kidding.

This week, I died when I left my home and saw that he had sheared right down to the twigs all of my beautifully cared for and perfect junipers in front of my home -- without notice to me or any comment.

It looks simply awful. I suspect that what happened is that he was moving a new home into a very tight spot across the street and up a hill and the truck was having a hard time turning to get in. I know they tried to move that home in for for several days. I am betting that the truck was going to run over or ? my junipers so he simply got out the boy-toy and sheared my plants.

Not only do they look terrible, but green does not return to sheared junipers that are cut back to the twig state. It is also winter, the wrong season for pruning junipers, which means the wounds will not seal in our 38 degree weather. That is a problem for the overall health of the plant.

What I see now is that I'm going to have to incur the expense of trying to repair the damage he has created. I have to buy the tools needed to cut the large limbs and I have to get a landscaper to determine how to not remove an entire hill of junipers but to remove what's needed and replant. How to mix something on top of a hill with mature junipers will be a trick. And then, there is my labor time, which I certainly did not intend to have to spend nor do I have time for.

Is this fellow really in his rights to do this?????

David Oxhandler
Posts: 1459
Joined: Tue Oct 02, 2007 8:37 am

Re: Prune of Junipers -- by landlord

Post by David Oxhandler » Sat Oct 13, 2007 8:13 am

I dont know what state you live and if I did I probably would not be familiar with the tenant landlord laws.... BUT here in Florida the land owner owns whatever is put in the ground even if it is put there by tenants. I'm afraid that you will find that landowners rights will prevail in most states.

I suggest that you go online and find the website for the agency in your state that regulates landlord tenant rules and see what they say.

I know how frustrating and aggravating it is to see landscaping that you have worked on and groomed for years to be demolished by someone who has no understanding of your attachment and appreciation of the results of your long time project. I had a similar situation with the local power company clearing what they thought was an easement along the edge of a place where I had lived for years. Unfortunately, at this time there is nothing that anyone can do to instantly restore your landscaping to its former glory. It is most often best to choose your battles and not fight for those things that are not winnable or imposable to change.

You might want to approach the landlord and ask how he views your obligations and rights and see if you cant come to an understanding about the future. You may be shocked to find that in his mind, with his short time on the job and limited understanding of his neighbors that he thought he was making a positive contribution of some sort. You cant fire the landlord so it may be best to try to set the ground rules for the future so that the space between your goals and his wont hurt you again.
David Oxhandler
[email protected]

sunni
Posts: 11
Joined: Mon May 07, 2007 1:32 pm

Re: Prune of Junipers -- by landlord

Post by sunni » Sat Oct 13, 2007 2:36 pm

Hi There --

Thank you for the nudge to check out the Washington state Manufactured/Mobile Home Landlord/Tenant Act. I was surprised. I think the following means he cannot shear or remove my plants, yes?

RCW 59.20.100
Improvements.


Improvements, except a natural lawn, purchased and installed by a tenant on a mobile home lot shall remain the property of the tenant even though affixed to or in the ground and may be removed or disposed of by the tenant prior to the termination of the tenancy: PROVIDED, That a tenant shall leave the mobile home lot in substantially the same or better condition than upon taking possession.

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