If it were me I'd take them. They are yours. Ripping out the lawn is a little much, but rocks, bushes...if you paid for them, IMHO they are still yours.
Of course, the landlord may disagree. I think you should be able to negotiate. If he says "no" then take them. You just need to leave the home as you found it.
Best of Luck;
CEO & SR Credit Repair Specialist at
Everlasting Credit Repair
Ex-Mortgage Broker of 10+ years
In my case, this garden does not have a drip system and the plants will surely die if I'm not here to water them. Who knows when the next tenant will arrive and if they will want to maintain the garden?
I plan to take some of the plants and hope they don't notice or object.
Since you didn't ask about it first it sounds like you were happy just to be able to live with a pretty yard. I hope you were able to enjoy it for a while, and enjoy doing the work on it too : )
Has the landlord seen the yard, do they know exactly everything that you added?
I'm sure you don't really want to move with soil and grass and other plants in amongst your furniture, the children's toys and things.
On the other hand, it would be considerate of the owner of the to re-imburse you for what you spent on his property.
I hope you're moving into your own home now, so that whatever you put into it....will be yours for years to come!
The short answer to your question is no, you can not take the plants, flowers, grass, etc. that you planted in your landlords property with you when you leave without risking legal action. If the plants are still in pots however, then they still do belong to you.
The basic rule of thumb is that if something is movable (a potted plant, furniture, rugs, etc.) then it is considered personal property and belongs to whomever purchased it or it was given to. If the item is not movable (light fixtures, ceiling fans, plants in the ground, anything permanently attached to the property) than it is considered "real property" and belongs to the owner of the home or business.
I think that the best thing you can do at this point is remember how much you enjoyed making the home you were living in a beautiful place for your family and also that the next time you decide to make any improvements in someone else's property you will get their authorization and commitment to either pay for the upgrade or allow you to deduct it from the rent.
I hope this helps. Take care and have a great day!
Tisza Major-Posner, Realtor, IVPG Realty (909) 837-8922