Additional services (lawn) added to lease

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vlowkie7

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We are military and recently moved to FL in June. My husband and I stated when we moved into the house that we didn't want to be dealing with the lawn so we agreed to continue with the current service that was being used for the property. The landlord offered to put it in the lease as an additional service and my husband stated that after about 6 months he will reassess the service and see if he will be willing to care for the lawn. In Sept. I received a call from the landlord in reference to the bushes and that they were needing cut. I explained to him that this was suppose to be part of the payment we send every month ($145). He stated this was extra and it was our responsibility the money goes towards the mowing. The next day the lawn service came out and I spoke with them and they stated that they come out every other week and charge $35. This means that they are getting paid $70 per month with the exception of 5 week months it's $105. My question is where's the additional money left fro the $145 going towards? We have paid well over $800 for lawn care and only half of this has been used. We confronted our landlord and he suggested we look for other service. We tried to keep the current service, but he's willing to give up his contract because he says their friends.

We found another service and informed our landlord and this was his reply:

"I am not cancelling the agreement we set with the lawn company. I discussed this with you, prior to you both signing the lease, when you told me that you were to busy to maintain the yard that it would be best to contract the service. So I entered into that contract with our lawn company that averages the costs out to $145 a month. You can't just cancel out half way thru the contract.

We have used this company for over 4 years and I will not use another company that I am not familiar with or trust. Sorry!

We took very good care of our home and yard and our intent is to keep it as nice as possible.

Please refer to the agreement to lease second paragraph under lawn and yard and gutter maintenance.

If you want to discuss this issue further, please give me a call. I think that would be best!"

Can he really do this? We are thinking he's about to be out of some free money and now he's upset and trying to force us to keep his lawn service. He also expects us to continue paying for service during the winter months as the grass do not grown. He claims that the yard gets winterized and according to "his" lawncare friend, " your house is not on the list." What should we do now?
 
Is your lawn service actually part of your rental amount, or is it a separate charge segregated within the lease. In other words, does your lease just say, "$900" a month and lawn maintenance is included or does it say "$745" a month and lawn maintenance is $155 extra?
 
lawn

It is separated within the lease. We agreed to pay the landlord because he recommended the service and he said he would pay the bill since it was in his name. However, we are now finding that the service is not the amount he stated. He based the price (so he said) on a weekly service, which he never stated and the service is only bi-weekly. The other thing is he is not holding his end of the agreement which is to service the complete yard. I now see this all should have been in writing on what was included in the cost. The service included was only verbal.

Also, I am noticing in his reply "agreement we set with the lawn company." We set nothing...........he set the agreement. We said 6 months and then my husband should be adjusted at work and be able to maintain.
 
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I would inform him in writing that you are repudiating that clause of your lease contract because they are not performing and you didn't agree to pay for the entire year. I suspect that this part of the lease had no term or number of months with it so you aren't held to anything.

He may try to evict you for failure to pay, but just answer the eviction complaint by saying that the yard maintenance was never part of your rent money and that you canceled that part of the contract.

If there is a number of months that you agreed to lawn maintenance then he will be able to sue you for any consts associated with canceling that part of the contract. He will not be able to evict you.
 
I appreciate your reply and you are right there is not time added on that part of the contract as it stated for the time of the lease which states June 2009-2010. The section of the yard doesn't state a time frame. It wasn't never a binding contract, it was only a convinence offer. So that's what so confusing about this whole ordeal. It was never an entered contract, but a favor. I think he's upset now because he will not be able to pocket all of the extra money he was getting. Again, we've paid $870 in lawn and according to the lawn service the've only provided $420 of service.
 
I'm sure you are right about his extra income. You are not correct about it being a "binding contract." If it is in writing that you agreed to pay him for 12 months for yard maintenance and there was consideration and offer/acceptance it is binding. However, I do not think there is any term specified in this clause. He probably tried to "imply" that the lawn service has the same term as the lease.

By breaking this part of the contract, he is can only sue you for any contract breaking fee he might have, and he can only sue you for that if you agreed to do this for a certain amount of time. Good luck.
 
Other Rent monthly from July 1, 2009 thru May 1, 2010____ $ 1,350.00 monthly_____due ___July 1, 2009______

Other Lawn and Yard Maintenance contract w/CAP's Lawn Care, Inc.$ _145.00 monthly ____ due ____June 1, 2009_______

Does this look like a binding contract? It states no date and we didn't agree to any specific date.

Sorry I continue to bug you with this. I plan to present this contract to the military law office.
 
Better, it says the contract is with CAP and not him. Therefore he can't sue you to recover on their behalf. Notify THEM that you no longer want their service. They can't sue you because they were not party to the contract you signed and he can not sue you because he can't contract on their behalf.

You are fine.
 
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