Need to end a contract

luckylawns.wf

LawnSite Member
I have a 52 home HOA that we have mowed for just over a year. We are on month 15 of a 24 month contract and I just cannot do it anymore. We mow it weekly and if a blade of grass dies, it's our fault. This isn't a particularly nice HOA. It is a bit run down. Hardly anyone sprays or waters their lawn, but we have gotten quite a bit of rain this past year and things look decent. As for the mowing, we visit the property once per week and put 20-25 man-hours per week into it. Recently, my employees have been complaining of being cussed out and verbally abused by a few different residents. Reasons are mowing too early (we start at 7:30am), not bagging, not pushmowing, etc., etc.

After receiving a text from a resident today (Sunday) that a sprinkler head in her lawn had been broken and replaced and that she was sending me the invoice and also that I would need to push mow her lawn from here on out, I drove over to collect the invoice and talk with the president of the HOA. I knocked on the door of the homeowner and she said she would be right back with the invoice and instead, the President of the HOA came back to the door. I then told her that I would no longer mow this property due to beatings my guys are taking from residents and the amount of time and individual attention that we constantly being made to take to different properties. She asked if I would be out tomorrow and I said no. She asked if I could give her a month to find someone and I said no. She then said ok and that she understood. I wished her good luck and left.

She then sends me a text saying that I have 1 month left in contract (which is actually 9 more months) and that I had better be there to mow tomorrow.

What kind of trouble am I looking at here? I'm ready for them to pay me for this last month and just fill in with about 10 residentials to fill the gap. I stopped by and looked at 4 properties that called last week on my way home and have them scheduled for tomorrow already.

I have also contacted a friend of mine to see if he has room to sub out this last month if needed and he said he does.
 

kemco

LawnSite Fanatic
Location
Memphis TN
You carry a bond? If you quit I could see them going after you bond and you bond company possibly coming after you for whatever “damages” for the breach of the contract. Then good luck trying to get another bond in the foreseeable future. Does your current contract read that you are liable for any damages ?
 

BrandonV

LawnSite Fanatic
Location
Central NC
I would say with the abuse you’re taking you’ll probably be fine unless it was paid upfront. Finish out what your been paid for.
 

Grassfire205

LawnSite Senior Member
Location
Louisiana
what does you're contract say? You didn't leave yourself a way out with fancy legal wording that 99% of people wouldn't even know what it meant? Worse come to worse if you're buddy can do it text her back and say a business colleague will be there tomorrow for me to mow it. Let him finish it out and then be done with the place.
 

SoCalLandscapeMgmt

LawnSite Silver Member
Location
So. Cal.
Every contract that I have ever been a party to has the provision for either party to terminate the agreement with 30 days written notice. The professional thing to do would be to give them the 30 days. That said, unless your contract with this HOA specifically states otherwise I don't see how they would have any recourse if you do choose to just stop showing up.
 

TPendagast

LawnSite Fanatic
I have a 52 home HOA that we have mowed for just over a year. We are on month 15 of a 24 month contract and I just cannot do it anymore. We mow it weekly and if a blade of grass dies, it's our fault. This isn't a particularly nice HOA. It is a bit run down. Hardly anyone sprays or waters their lawn, but we have gotten quite a bit of rain this past year and things look decent. As for the mowing, we visit the property once per week and put 20-25 man-hours per week into it. Recently, my employees have been complaining of being cussed out and verbally abused by a few different residents. Reasons are mowing too early (we start at 7:30am), not bagging, not pushmowing, etc., etc.

After receiving a text from a resident today (Sunday) that a sprinkler head in her lawn had been broken and replaced and that she was sending me the invoice and also that I would need to push mow her lawn from here on out, I drove over to collect the invoice and talk with the president of the HOA. I knocked on the door of the homeowner and she said she would be right back with the invoice and instead, the President of the HOA came back to the door. I then told her that I would no longer mow this property due to beatings my guys are taking from residents and the amount of time and individual attention that we constantly being made to take to different properties. She asked if I would be out tomorrow and I said no. She asked if I could give her a month to find someone and I said no. She then said ok and that she understood. I wished her good luck and left.

She then sends me a text saying that I have 1 month left in contract (which is actually 9 more months) and that I had better be there to mow tomorrow.

What kind of trouble am I looking at here? I'm ready for them to pay me for this last month and just fill in with about 10 residentials to fill the gap. I stopped by and looked at 4 properties that called last week on my way home and have them scheduled for tomorrow already.

I have also contacted a friend of mine to see if he has room to sub out this last month if needed and he said he does.
What’s the contract say?
You could send it to me privately and I could review it for you

there’s usually a written release fit both parties
30 data is standard
That might be what she’s referring to
 
OP
L

luckylawns.wf

LawnSite Member
I would think that harassment and poor treatment to my employees would be more than enough to terminate. Actually, I would think that by not canceling and to continue to allow these residents to cuss and belittle staff would to be not protecting my employees.
 

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