Your lease likely includes a clause that goes something like this: "Except as provided by law, or as authorized by the prior written consent of the Landlord, Tenant will not make any repairs or alterations to the premises" (from "Every Landlord's Legal Guide," Nolo Press). This covers obvious renovation no-no's like changing a two bedroom into a one bedroom. Not only will this likely upset your landlord, you'll have no legal standing for compensation of materials or labor. The improvements will not belong to you as the tenant.
The same is true of gardens. Even if you buy seeds and toil all spring to grow a healthy crop, if the plants are in the ground they aren't your property. That means if you move out, you can't come back to pick strawberries or cut flowers even though it was your green thumb that made the plants grow.
Anything movable like furniture can go with you when you move out. However, if you've altered the property in any way, including digging a hole, pouring cement or hammering a nail, this alteration is considered an attachment and is the landlord's property. In essence, planting anything in the ground makes it part of the property and belonging to the landlord. In addition, any garden accessories like arbors and fences are the owner's property as well.
So if you're green thumb is longing to dig in the dirt while renting, consider getting your landlord to pay for your garden. Some property owners are less formal than others but it's a good idea for you to take the legal initiative to protect your rights and not invest in a losing project.
The first thing you have going for you is this: good tenants are money in the bank. Your landlord knows this, especially if they've been a property owner for any extended amount of time. They recognize the value of a happy tenant who cares for their property.
A relatively inexpensive garden project is much less expensive in the big picture than losing a solid tenant and spending time and money to find a new one. Any reservations your landlord might have can be diffused by providing a well thought out plan of the cost and scope of your garden project.
Your landlord needs to be confident that your garden will only enhance the property and will not become an unfinished eyesore. Create a plan of the intended work, materials you'll need and how the property will be divided when you leave. Use lots of details like how you will remove the property if you plan to keep it or how materials will be paid for if it's mutually agreed that you will leave the garden intact when you move out.
Convincing your landlord of your gardening abilities will help you launch your project. References from previous landlords or pictures of previous garden projects are good resources.
Sell your work as a benefit to their property's value and overall market appeal. Be professional with your ideas and implementation standards and create a detailed plan that shows these standards. This will also help you solidify materials needed and estimate costs properly. Know your region specific garden ins and outs before you try to argue your case.
Suggest a planned review stage where your landlord can inspect the garden's progress. This may never happen, but the idea will assure your landlord that you intend to stick to the plan and respect your agreement. It also reinforces the feeling that they have the final word and are in control of their investment.
View your garden project as a lasting investment, even though it's not your property. Choosing perennial varieties that grow season to season will make the garden project more appealing to your landlord and give them more incentive to foot the bill. A row of annuals is nice for a couple months but a bed of lavender that blooms every year is more likely to win your landlord's approval.
Financially speaking, any arrangements are best kept separate from rent. For instance, rather than deducting $154.75 from May's rent for garden materials purchased in April pay the rent in full and have the landlord cut a separate check for reimbursement. This will save any confusion later and keep separate agreements clear.
If you are not up for the legal side of a rental garden installation, consider some alternatives.
Container gardening is its own challenging specialty and can result in vibrant displays with as much enjoyment as ground planted gardens. Your local library surely has at least one book dedicated to container gardening, as likely also indoor gardening selections. Both of these options offer ways to grow flowers, vegetables and herbs without any permanent alterations to the property.
Another option is to find a community garden nearby, preferably within walking distance so you can check your plot whenever you feel the urge. Community gardens exist in urban, suburban and rural settings alike. They are run by non-profits, towns, states or by neighborhood groups. One of the benefits of community gardens is that you can often share resources like water, seeds and tools. Plus you'll likely meet other people who share your interests and love of gardening. A good resource is the American Community Gardening Association (ACGA).
Whether you opt to get your landlord to pay for your garden, go for containers only or join a community garden group the choice is yours. Just remember that your green thumb doesn't have to hibernate while you are living in a rental situation. Fill your world with flowers and reap what you sow, no matter where you garden grows.
Published by Anna Burroughs
I love writing about a wide range of topics from the environment to arts. Hope you enjoy! View profile
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- Gardening is a great activity no matter where you live.
- Options exist to exercise your green thumb while renting, but you need to know your rights.
- Talk to your landlord, use containers or join a community garden to keep your passion growing.

