By Sara Gebhardt
Saturday, May 26, 2007

Q: My four roommates and I live in a rented house that has a relatively large lawn. The lawn requires more than a little maintenance during the summer. Last year, before I moved in, the lawn got out of control. That prompted an angry, anonymous letter from a neighbor claiming to speak for a number of neighbors and demanding that something be done immediately.

I respect their position and want to do better this summer, but I'm wondering if it's really the responsibility of tenants to make sure the lawn is mowed and in decent condition. The house has not had a formal lease in at least six years, so we can't look to that for an answer. I know from reading your column that even when a lease hasn't been signed, both landlords and tenants have responsibilities. Is it typically the tenants' responsibility to maintain the lawn? If not, what do we need to do to get the landlord to take responsibility? -- Washington

A: Unless there is a signed lease that says otherwise, maintaining the lawn is not the tenants' responsibility, according to Michael Semko, a lawyer with the Arlington-based National Apartment Association.

However, he said, even though tenants do not necessarily have to take care of the lawn, the landlord may not have a duty to mow it regularly, either.

"There is an implied warranty of habitability in most jurisdictions -- essentially, the landlord must keep the premises in a habitable condition," Semko said. "Having a yard with high grass probably does not breach that warranty. Unless there is some type of ordinance that would require the grass to be cut, I'd say the landlord wouldn't have to cut it -- though, practically speaking, he or she should."

You should talk to your landlord now, before your grass grows out of control again. Let your landlord know that neighbors were none too happy about the lawn last summer and that you hope your landlord can help you patch things up with the community by maintaining the lawn.

If you feel like it, you could strike some kind of bargain, such as offering to handle the lawn care in exchange for a seasonal reduction in rent. (Make sure to get the agreement in writing if you do come up with a compromise.) Also, be sure to apologize to your neighbors if this happens again. Remind them that caring for the property is your landlord's responsibility. That way, they can complain to your landlord rather than to you and your roommates.

As long as you work with your landlord so that the grass does not become a weed in an otherwise good tenant history, you should be able redeem yourself with your neighbors this summer.

I am moving out of my apartment at the end of my lease. Under normal circumstances, I would have a walk-through with my landlord and get my security deposit back.

However, my roommate is staying in the apartment with a new roommate and signing a new lease. Because the apartment will never truly be vacant, I know my landlord won't do a walk-through. The two new lease signers intend to give me a check for what I put into the security deposit. I will send my landlord a letter indicating that I relinquish my rights to the money he is holding. Is there a better way to handle this? There's no damage to the apartment, but I don't want the later roommates to have to cover anything that I caused. -- Arlington

The plan you have seems fair as long as everyone involved agrees. It is considerate of you to be concerned about the tenant who is replacing you, but you shouldn't feel guilty. You and your current roommate might ask your landlord to do an unofficial walk-through to evaluate the apartment and assess damage. Granted, the place will not be empty, so he might not uncover issues he might find later, but he will be able to ease your mind about leaving a potentially damaged apartment to a new person.

He might tell you it looks fine, or he might note items that need fixing. You could also ask him to make the repairs and deal with the old security deposit now, or at the very least note the problems you caused and estimate the costs so you can work it out with your roommate and the future tenant.

What is the best way to deal with roommates who are not so horrible as to require eviction but inconsiderate enough to drive you crazy? My roommates need several reminders to pay the rent. They rarely take out the garbage, don't empty the dishwasher, and are generally inconsiderate of common spaces and other people's needs. We were all friends before moving in together. What is a productive way to deal with this? -- Washington

The most productive way to smooth out tense living arrangements is to try to forge compromises with your roommates. A good way to do this is to draft a roommate agreement that spells out the duties expected of everyone.

Such an agreement might cover rent payments, noise requirements, common-area tidying, and chores such as trash and dishwashing. It is not legally enforceable and is obviously not a cure-all, but it will allow you and your roommates to discuss a plan to clean things up. You can suggest meeting to come up with an agreement on the grounds that you do not want to lose friends over this.

As for late rent payments, you can try to work out a direct-deposit system or have your landlord accept payments from you individually so he or she can charge late fees. This won't necessarily change much in your day-to-day life, though.

And an agreement may not change your roommates' bad habits. So, you may want to think about moving out before your resentment piles up like the garbage and dishes. You should not settle for living in a place that's uncomfortable just because your friends have turned out to be bad roommates.

Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at aptlife@gmail.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.