NEW LANDLORD FORM NOW AVAILABLE REGARDING TENANT'S RESPONSIBILITY FOR LAWN CUTTING AND SNOW REMOVAL

I have recently completed drafting a new form for landlords to use that is now being sold at Wisconsin Legal Blank Co., Inc.

Addendum To Residential Rental Agreement: Responsibility for Yard Care and Exterior Upkeep

Form #985 is entitled Addendum To Residential Rental Agreement. This document sets forth a tenant's responsibility for yard care and exterior upkeep of the rental property. This form should only be used if the landlord is renting out a single-family home or a duplex and wishes the tenant to be responsible for yard care and exterior upkeep (such as snow and ice removal and the cutting the lawn). This form should not be used for multi-unit apartment buildings.

This document addresses the following tenant responsibilities:

1. Snow and ice removal

2. Cutting of grass

3. Disposal of garbage

4. Disposal of recyclables

5. Removal of litter/debris

6. Special pick-up of large items

7. Exterior lighting

8. Porches

9. Windows

10. Damage to exterior

11. Parking of vehicles

12. Washing of vehicles

13. Swimming/wading pools

14. Watering of grass, and

15. Yard tools

This form states that if the tenant fails to perform any of the listed duties that the landlord can choose to do the work himself or herself or hire someone to complete the work and that the tenant will be responsible for repayment of any and all associated costs. Additionally the form indicates that failure to complete the listed duties is a material breach of the rental agreement and may be grounds for eviction.

This addendum is a nonstandard rental provision document (refer to ATCP 134.06(3)(b)) and as such it allows a landlord to deduct the actual costs incurred by the landlord (should the tenant fail to complete the duties) from the tenant's security deposit.

It is important to remember that form #985 is just that -- a form. Some of the paragraphs may not be applicable to your specific situation. Some landlords may decide that they do not want the tenant to perform some of the listed work. In that case the landlord should cross out the provisions that are not applicable and then initial the change and have the tenant also initial the change.

There will be other situations where a landlord may want the tenant to be responsible for additional duties which are not listed in the form. In that case the landlord should attach a separate sheet which will list the additional duties. This attachment should clearly be labeled as page two of the Addendum To Residential Rental Agreement: Responsibility for Yard Care and Exterior Upkeep and should also be signed and dated by all adult tenants. As always, if you are unsure whether any additional provisions that you add to this form are allowed under Wisconsin landlord-tenant law, you should have those additions reviewed by an experienced landlord-tenant law attorney.

Since many landlords of duplexes and single-family rentals do require their tenants to perform yard care and other related duties, it is my hope that this form will assist landlords in specifying in writing what duties the tenant will be responsible for and what will happen if the tenant shirks those responsibilities.

I would like to thank Attorney Heiner Giese for his review and suggestions to this form.