I will be renting out the garden level of my 2 family brownstone. I will be giving the tenant access to the garden, however I want to ensure that I still get precedent use of it. By precedent use I mean ensuring that the tenant requests in advance of any sole use of the garden (e.g. party in the garden). Should I be documenting the rules of use in the lease agreement? What sort of rules make sense to spell out? I don’t mind dogs but would prefer to spell out clean-up rules etc.


Comments

  1. while we ended up making our rental a studio so to maintain full usage of the garden, another good suggestion that was made to us was to put planters or plant some sort of screen of trees creating a small patio so that the renter had some privacy of their own. While they would not have had access/rights to have the whole garden, they could enjoy a little outdoor space.

  2. 4:40 here: Guess my sense of humor doesn’t cut it. Can’t believe you believed in the 127 page addendum, but since you did, my real thoughts:

    Talk to your tenants. Communicate. Tell them what you expect. Much better than all the legal mumbo-jumbo most people on this site advocate. If you trust people they will do the right thing by you. Or at least that’s how it’s been in the 17 years I’ve had tenants. I just told them to tell me 2 weeks in advance if they wanted to use the garden for a gathering. And they keep their dog away, I did not even have to mention it

  3. I would say no animals allowed in the garden. I have two dogs and I don’t let them in my backyard without supervision. You definitely don’t want your tenant’s dogs using your backyard as a bathroom. Even the poo is not always easy to clean up if it’s in the grass. Also, some dogs dig. These little yards are too small for a dog to get any exercise anyway.

  4. Please email me and I will send you my 127-page lease addendum that my tenants had to sign for the same circumstance. Never had a bit of problem with this issue since.

  5. Have you asked the tenant when they see themselves using the garden? Do they want to have drinks every evening, sunbathe or just the occasional bbq? It seems if you understand their intention it makes it a bit easier. I would set up the ground rules like max number of people in the garden, hours, whether or not they can grill, clean-up expectations. I think that you should really reconsider allowing dogs back there because although the poo can be bagged the urine does serious damge to plants and in a small space the odor is not as easily absorbed. I have two dogs and used to let them go in the garden until the residual odor came wafting into my house during the summer months. If the tenants are really cool you may loosen the guidelines but it’s alays best to plan for the worse case scenario. You may even want to put that the garden rights can be revoked at your discretion. I know it sounds a bit tough-guy but it is easily explained as legal protection.