As landlords, we’ve all seen it: you get a perfectly pristine apartment back, only to find remnants of the rainforest your tenant left behind. Maybe you rented to someone with a “green thumb”—or more accurately, someone with a jungle thumb. It starts with a couple of potted plants, then it escalates to entire tomato plants taking over the balcony. Oh, and don’t forget: they’re not the ones paying the water bill. It’s time to talk about something that can help prevent

this—non-agricultural disclosures.

What is a Non-Agricultural Disclosure?

A non-agricultural disclosure is a notice in the lease that restricts tenants from growing, cultivating, or keeping plants inside or outside the unit, with exceptions usually for decorative houseplants. The purpose is simple: as charming as a little urban jungle might seem, plants can cause significant property damage. This disclosure tells tenants upfront that they don’t have permission to grow anything—not even an avocado pit on the window sill. So, if your tenants fancy themselves the next backyard homesteader, a non-agricultural disclosure in their lease agreement will set the record straight.

Why Non-Agricultural Disclosures Matter

Landlords who think this is trivial might want to think again. Unregulated plant growth can result in some costly damage. Indoor plants require water, and that water has a way of getting where it doesn’t belong. Water damage, mold, or structural issues can arise if tenants decide to turn their unit into a greenhouse.

Water from excessive or poorly managed plant setups can seep into walls, floors, and ceilings. And if mold is a risk, trust me, that damage bill will put you in a real bind with tenant lawsuits and complaints. Non-agricultural disclosures help establish clear guidelines to prevent tenants from transforming your property into a greenhouse and putting it at risk.

When to Introduce a Non-Agricultural Disclosure

In an ideal world, the non-agricultural disclosure would be part of the lease from day one. By incorporating this clause into the lease, you’re informing tenants right from the start about restrictions on plant growth and cultivation in their unit. If this wasn’t initially included, you can still implement it with a notice of change of terms of tenancy. This requires notifying tenants in writing, generally with at least 30 days’ notice, depending on your local laws.

Different Uses for Non-Agricultural Disclosures

While you might not have initially added a non-agricultural disclosure in your lease, there are several ways and times to integrate it effectively:

• Lease Renewal: Adding this clause when leases are up for renewal is an opportune time, as tenants are already in the mindset of reviewing and possibly signing off on updated terms.
• New Tenants: Including it upfront in the leasing paperwork for new tenants will save you many headaches in the long run.
• Problem Solving for Current Tenants: If a tenant has already decided their unit is going to double as a greenhouse, sending them a notice of change of terms can inform them of the new no-gardening policy. And hey, they can take their green ambitions to the local community garden!

How Non-Agricultural Disclosures Protect Landlords

Beyond curbing your tenants’ gardening enthusiasm, non-agricultural disclosures offer landlords several tangible benefits:

1. Limit Water Intrusion Risk: As mentioned earlier, plants can be a massive source of unintended water problems. Over time, water from plants will seep into places it doesn’t belong, leading to mold and other damage.
2. Avoid Mold Claims: Plants can raise humidity levels, which means an increased chance of mold growth. This disclosure could help insulate you from tenant claims that the property has unsafe mold conditions.
3. Maintain Property Value: Keeping the property in top shape is a top priority. By enforcing non-agricultural disclosures, you help reduce the need for costly repairs or renovations due to water, mold, or pest damage.
4. Improved Tenant Compliance: By setting these expectations from the get-go, landlords can cut down on potentially contentious tenant disputes. Clearly stating what tenants can and can’t do leaves less room for “creative” interpretations of lease terms.

What to Include in a Non-Agricultural Disclosure

Now, you may wonder what exactly goes into a non-agricultural disclosure. Here’s a straightforward guide on drafting an effective one. The more specific, the better:

• • Scope of Restriction: Specify that the tenant may not grow plants, herbs, vegetables, or other items that require soil, water, or any level of maintenance that might impact the property.
  • Inside and Outside the Unit: Make it clear that the restriction includes balconies, patios, window sills, and other outdoor spaces that are part of the property.
  • Maintenance Expectations: Some landlords allow tenants to keep small,

low-maintenance houseplants indoors. If that’s the case, add a note about how many are

allowed, their size, and where they can be placed (e.g., on furniture rather than directly on floors).

• • Consequences of Non-Compliance: Mention any penalties or fees for non-compliance, including any costs for repairs or damages caused by unapproved plant growth.

Enforcing a Non-Agricultural Disclosure

Having a disclosure is one thing; enforcing it is another. Many tenants think their plant collection is harmless, so you’ll likely encounter tenants who don’t see the harm. That’s why it’s essential to establish a process for handling these cases. Routine inspections are key, especially in areas prone to moisture. And if you do spot a jungle, address it politely but firmly. A reminder of the agreement, plus a gentle nudge to your non-agricultural disclosure, usually does the trick.

So there you have it—non-agricultural disclosures are more than just an anti-gardening clause. For landlords, it’s a tool to help prevent costly repairs, protect property value, and maintain a clear understanding with tenants. By adding a non-agricultural disclosure to your lease, you’re doing more than avoiding a few plants. You’re taking proactive steps to safeguard your property from unintended water damage, mold, and even disputes down the line.

In the world of property management, where every detail can make a difference, non-agricultural disclosures are a surprisingly valuable tool in your arsenal. And with this tool in place, you can keep your properties plant-free, mold-free, and hassle-free. Just think of it as part of the ongoing effort to keep your property thriving without the greenery taking over. After all, if your tenant wants to start a farm, there are plenty of community gardens that would love to have them!

Shared by WidgetsWay.com. Written by Patti “Widget”

Have you ever been in a sticky situation with a tenant where you didn’t know what to do? Have you often though, “I wish there was someone I can call to help get me out of this mess!”  That’s where I come in! Landlords and property managers can use my 25 plus years of experience to get tips and suggestions on how to handle difficult and awkward situations with tenants.  Learn more and become a member of Widget’s Way Property Management Consulting at https://www.widgetsway.com/become-a-member/

Patti teaches a wide range of classes on property management topics; she is a keynote speaker on property management and housing issues and has published numerous articles for apartment associations. Patti is a repeat guest speaker at UCLA. She also holds various certifications in the industry related to her field, such as a CA licensed Real Estate Broker, CCRM, lead based paint certified renovator from the EPA, Fair Housing and more.