- October 31, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: AI Legalese Decoder: Resolving Landlord-Tenant Dispute Over Neglected Garden
Introduction:
In this extended content, we will delve into the situation where a tenant faces a problem with a poorly maintained garden in their rental property. Additionally, we will highlight how the AI Legalese Decoder can assist in resolving the issue, protecting the tenant’s rights, and ensuring a fair outcome.
The Situation:
A few months ago, we relocated to a new unit and today we had our first inspection. Unfortunately, prior to our move, the property owner had irresponsibly planted grasses and flowering shrubs without adequately preparing the soil. The soil in the region, being primarily sand, lacks the essential qualities needed for healthy plant growth. It is hydrophobic and devoid of any life, rendering it impossible for even weeds to thrive. Despite the owner’s minimal attempt at mulching during planting, the covering has now disintegrated due to prolonged exposure to the sun. Distressed by the lack of care, the plants are gradually dying and are unlikely to endure the impending summer heat.
The Solution: AI Legalese Decoder Steps In:
In this predicament, the AI Legalese Decoder offers valuable assistance by mooting possible courses of action and providing insight into your rights as a tenant. By leveraging the AI Legalese Decoder, you can ensure that your rights are protected and that an equitable solution is reached.
Proposed Solution:
Having a background in horticulture, you proposed a solution to the property owner during the inspection. You suggested that if the owner invested in compost, better soil, and other water-retention measures, you would willingly rectify the soil condition and make efforts to salvage the ailing plants. Regrettably, this proposal did not elicit a positive response from the owner or the property manager, who insisted that it was your responsibility to save the plants. Moreover, they warned that if you were unable to rescue the plants, you would be liable to replace them when your lease expired.
Utilizing the AI Legalese Decoder:
To handle this situation, it is prudent to turn to the AI Legalese Decoder for guidance. It can provide insight into your contractual obligations and rights as a tenant. By analyzing your lease agreement, the AI Legalese Decoder can assess whether you are indeed responsible for the plants’ condition and liable for their replacement. Armed with this information, you can approach the landlord or property manager with confidence and assert your position.
Negotiating a Resolution:
Instead of accepting responsibility for the garden’s condition outright, you expressed your willingness to offer your labor to rectify the situation without any cost to the owner. However, the owner’s response remained unsatisfactory. In such circumstances, engaging the AI Legalese Decoder can help you negotiate an agreeable resolution. Armed with relevant legal knowledge, you can pursue a fair compromise that respects your rights as a tenant and encourages the owner to cooperate in maintaining the garden.
Conclusion:
By utilizing the AI Legalese Decoder, you can navigate this landlord-tenant dispute with confidence and clarity. With the decoder’s guidance, you will be well-informed about your responsibilities, rights, and potential options for resolution. Remember, a fair, equitable outcome is possible with the help of the AI Legalese Decoder.
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Introduction:
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Benefits of AI Legalese Decoder:
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Conclusion:
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****** just grabbed a
Confirm the discussion by email, if they don’t thrive, take the email to the tribunal if they don’t release the bond.
Nah, claim your bond when you hand back the keys, the landlord, can quite literally pound sand here.
Unless there is a specific clause in your lease about the plants, then they can’t enforce this.
Put your view, opinion about the soil and offer to maintain in writing to the agent. Include a few references about the soil issues so it’s “backed up” scietifically. You can fall back on that if they try to charge you for plants at the end
Pull the plants up, put them in a pot with proper soil and look after them, then at the end of the lease put them back in the shitty sandy soil and take the pots with you. If they want to be dicks about it then so be it.
I’d be asking for a copy of the lease and looking at photos. If they weren’t in the photos at the beginning then they shouldn’t need to be there at the end of the lease.
If the landlord came and planted anything without your permission then he probably broke some laws.
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These are the rules for Landlords obligations regarding outdoor maintenance WA tenancies. You here refers to the Landlord, and the tenant’s responsibilities are specified as such.
[https://www.commerce.wa.gov.au/publications/maintenance-your-rental-property-who-responsible-landlord-bulletin-issue-12-september](https://www.commerce.wa.gov.au/publications/maintenance-your-rental-property-who-responsible-landlord-bulletin-issue-12-september)
Maintenance outside
You are responsible for major tree lopping, cutting back overhanging branches (such as those near power lines) and maintaining fire breaks.
Your tenant is responsible for garden maintenance, such as mowing and edging lawns, weeding and light pruning. You should provide them with the necessary hoses, sprinklers etc.
You are responsible for the normal maintenance to any garden reticulation system. Delays in dealing with maintenance problems can lead to claims from your tenant that the lawns or gardens suffered damage because they were unable to water them properly.
Your tenant may still be responsible for hand watering the garden where it is reasonable to do so.
Your tenant should advise you if they notice a water leak. If they donÔÇÖt, and the leak is obvious, they may be liable for the cost of water resulting from the leak. However, tenants are not liable for issues or consequential damages caused by hidden water leaks. Once your tenant tells you there is a water leak the cost becomes your responsibility.
Before the start of a tenancy, it is a good idea to leave clear instructions on the proper use of any reticulation system. In addition, your tenant should always have access to the systemÔÇÖs timer box. Setting and locking the timer yourself means your tenant has no control over the system ÔÇô and can argue that because of your unnecessary use of water, you should pay the costs. The tenants could also argue that a lack of water caused plants to die.
If you prefer to have sole access to the automatic reticulation system it is a good idea to contribute to a percentage of the water costs. You should clearly write whatever you decide into Part C of the Tenancy Agreement before signing.
Not for this situation, and I’m sure you know with your horticulture background OP, but just sharing generally that Bunnings has a 1yr exchange policy on most plants… [https://www.bunnings.com.au/policies/returns](https://www.bunnings.com.au/policies/returns)
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Every garden in Perth is mostly sand, many people manage to grow plants here. New plants need watering every day in Perth when it is hot. Just one hot day can easily kill small new plants if they don’t get enough water.
Yes you are supposed to maintain the gardens as they were when you move in.
As a gardener of 10 years I hear this a lot about watering plants, with people claiming to water plants and them dying. Usually when questioned more it becomes apparent that the person has not watered enough, or forgotten to water for a week. It is a good idea to make a small soil dam around the plants which gives the water a chance to soak in rather than run off.
It can be hard to look after new plants in Perth, people from overseas or eastern states can find it hard to understand just how harsh our climate is.
Its not the best time of the year to plant new plants as it is getting dry and there have been some hot days, its usually best to plant in autumn, depending on the plant. Our winters are not very cold so many plants don’t go dormant in winter as they do in colder places. So it probably wasn’t the best idea for the landlord to plant now. Many people are not good with new plants, so the landlord should probably taken this into account. You could try pointing this out to your landlord.
Maybe the previous tenant killed the original plants, so the landlord has replanted as they moved out, this is not uncommon.
Not a lawyer, am I doing this right, first time posting here. Check your tenancy agreement and check your inventory/ check in report, whatever they call it. That’s your base line. Check with your states bond/deposit administrator what their view on plants and gardens is? Negotiate from there, everything in writing.
Lol. No, it’s not your responsibility to fix something that hasn’t been done properly. And bad luck for them if you’ve got a horticulture background and know what mistakes you’ve made. Water them if they’re still alive just to be able to say you did that part, if they die and the landlord tries to charge you for replacing the plants then just challenge it. With the information you should be able to give I doubt they even bother going to the tribunal.