We moved
into a duplex over the winter...now the landlord says we have to buy
a lawn mower and mow the lawn. What gives? The
Ohio Landlord Tenant Law distinguishes between dwelling unit (the
portion of the property that is occupied by the tenant 'to the exclusion
of others' and the common areas which are shared by other tenants. The
question you are asking is: the lawn under your exclusive control
(like you bedroom) or a common area (like a shared garage). If the lawn
is under your exclusive control, then maintaining the law is your duty [Ohio Revised Code 5321.05 (A) (1)] and if the yard is shared with the other tenant in the property, then maintenance is a landlord duty under ORC 5321.04 (A) (3) Sometimes
it's hard to know if a portion of the residential premises is under
your exclusive control. Look to the lease for guidance. If not in the
lease, then how does it work in practice? Sometimes a landlord will
agree that mowing the lawn is a landlord duty but wants you to take on
that responsibility. Ohio Landlord Tenant Law says that landlord cannot
compel you to take on his duty...but leaves open the question of
whether you can be paid to do his duty. However if you agree to carry
out his duty, have a written agreement as to the terms of that
agreement...separate from the lease.
