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Landlord tells renter they don't actually rent the yard they're required to maintain

"They've been coming through the gate early in the morning and twice I've found it left open."

A person uses an electric mower to trim grass in a garden overgrown with bushes.

Photo Credit: iStock

A Utah renter said the "private fenced backyard" attached to their duplex suddenly became a storage yard for someone else's business, and there are a few issues that need their landlord's attention.

Here's what to know

According to a Reddit post on r/Renters, a downstairs resident in a Utah duplex said the rental listing promised a private backyard. 

The original poster said they had been mowing that fenced area since moving in. One day when they came home after work, they found "bags of soil, wheelbarrows and landscaping equipment stacked against the fence" after their landlord allowed a contractor to keep supplies there for work at another nearby property.

The renter said the lease requires yard upkeep but "doesn't specifically say I have exclusive use of it." They added, "They've been coming through the gate early in the morning and twice I've found it left open. I have a dog so that's a pretty big issue."

One commenter wrote, "Yeah it really could reasonably go either way, depending on the exact lease wording, especially if it is a multifamily property." 

Another said that it "depends on the language in the lease, not the listing."

More in the comments

Commenters also pointed to practical consequences beyond the lease language. One asked whether the tenant could end up being blamed for "any damages they cause to yard or fencing?" 

Another suggested the repeated early-morning access and the loss of a private outdoor area could interfere with the renter's "quiet enjoyment of the premises."

Similar complaints from renters across the country involve landlords and property rules that limit simple, money-saving lifestyle choices tied to outdoor space, including gardening and hanging clotheslines to dry laundry.

What can be done?

Most commenters focused on documentation.

Some Redditors said to check the lease itself — especially how it describes the rented premises and how that fits with the clause assigning yard maintenance — instead of relying only on the listing. One commenter said the tenant should "review the lease and the [ad] for the spot."

Others suggested negotiating over the loss of use.

Another person wrote, "Inform him you will need a deduction in the rent since he is no longer providing what is stated in the lease." Another added that if the yard is no longer truly theirs to use, the landlord should at minimum remove lawn-care responsibilities or pay someone else to handle them.

In other words, the landlord appears to be trying to have it both ways. If they want to say the renter is renting only the apartment and not the yard, they should not require the tenant to maintain the yard.

Where can I learn more?

Questions about who controls outdoor space often turn into fights over maintenance and access.

• Social housing tenants in the U.K. faced eviction over unkempt gardens under a Reform proposal.

• In Washington, an HOA offered yearly rebarking for a yard easement across wetland access.

• A seller slashed $25,000, but buyers still balked at a neighbor's yard packed with cars and a boat.

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