How to Get Out of a Commercial Landscape Maintenance Contract

Feeling trapped in a commercial landscape contract? Are you and your provider just no longer a fit? While contracts are binding and designed to protect you and landscape companies, that doesn’t mean they’re unbreakable.

And while early termination of commercial landscape agreements is commonly the result of a quality of service problem, you may be surprised to learn that it’s not the number one reason for terminating landscape contracts.

Regardless of why you want out of your contract, this article will give you a simple breakdown of how standard landscape service agreements work. You’ll also see what details and fine print matter most. Here are a few of the topics we’ll cover.

• Why Property Managers Might Want Out of a Contract
• What’s in the Fine Print?
• Steps to Take Before Terminating Your Contract
• How to Exit a Landscaping Contract Professionally
• How Yellowstone Landscape Handles Contract Transitions

Why Property Managers Want Out of a Landscape Contract

With so many different property types and varying landscape services, there are dozens of specific, legitimate reasons a client may wish to end a contract early. 

We’ll focus on the five most common reasons.

1. Decline in service quality
2. Communication breakdowns
3. Budget changes or financial constraints
4. Mergers or management changes
5. Need for special services not covered in the agreement

Starting with declining service quality: This is one we’ve seen so many times, after a period of time, some landscape providers seem to start taking the client for granted. They can become complacent and start cutting corners. This can show up in thinning turf or less-visible beds having weeds popping up. The poor quality could also stem from the provider lacking a system for quality control or a labor shortage. It finally gets so bad, that a change has to be made immediately.

As for communication, it may seem like a basic thing. However, the level of frustration is high when property managers can’t even get a call back from their landscaper or account manager. Even when a provider is acting in good faith, but isn’t proactive with communication, it erodes trust. Communication issues are often due to a landscape company lacking standard operations protocols around client communication expectations. 

"Communication is the real work of leadership." ~Harvard Business School professor Nitin Nohria

What about unexpected financial circumstances? In many cases, the landscape firm is performing well, but the contract gets reviewed due to a tightening budget. And property owners can have numerous reasons for needing to cut costs quickly. It could range from industry slowdowns affecting their revenue to certain landscape services no longer being necessary. 

Mergers happen and management changes. That’s just a natural law of business, but it can cause seemingly unrelated shake-ups. A new manager may consider switching landscape maintenance companies to a provider they worked with in the past. A merger may mean cutting back on expenses, and one way to do that would be to go with a more cost-effective vendor (even if it doesn’t offer comprehensive landscaping programs).

Lastly, if a need for specialized services arises, that might not align with the current provider’s resources. An example is a landscape company that focuses on lawn maintenance and turf care. If the client decides to invest in landscape enhancements or hardscapes, the old landscape team may not be capable of handling those projects. Subcontractors are an option, but the firm loses some quality control.

What’s in the Fine Print: Understanding Your Termination Clause

Contract language is detailed and nuanced for a reason. Legal professionals have to cover all the bases. So it’s vital to understand each section, especially the termination clause - and a critical part of that clause is the notice period.

30 to 90 Days

Commercial landscape maintenance contract termination clauses can range from 30 to 60 to 90 days. This means you need to give your contractor that amount of written notice before you end the agreement. 90 days may seem like a long time. 

However, three months is not really that long if you want to properly transition to a new provider. It should not be an overnight process. 

Not adhering to the notice period has potential consequences:

• Loss of deposit
• Legal action by vendor
• Early termination penalties

“Certified Mail provides a delivery record and proof of receipt, making it ideal for compliance or audit needs.” ~Pitney Bowes

Fees and Penalties

Early termination penalties are part of most service agreements, including landscape management agreements. The penalties aren’t designed to be a punishment or a “gotcha.” Rather, they are a way to avoid the instability that unplanned cancellations would cause a landscape firm. Regular clients help firms plan for hiring, equipment, and supply purchases.

Some commercial landscape contracts have a flat fee for early cancellation. It could be based on the cost of two months’ worth of services, for example. Other contracts use a percentage (e.g., 10-15% of the annual contract). In some cases, the provider uses a prorated penalty that could require you to pay for their actual lost profit and materials. 

Proper Notice

Property managers can protect themselves by never cancelling a contract with just a phone call. A call is good initial communication, but should also be backed up with a written notice. Certified or registered mail is verifiable documentation that you took the legal steps to end the partnership. Not using written notices can keep you locked into the unwanted maintenance contract even longer. 

It pays to document the process because it helps to avoid any miscommunication for why you want out of the agreement, too.

For Cause vs. No Cause

Either party can end a landscaping maintenance contract. It can be for performance issues (for cause) or factors unrelated to performance (no cause). With a for-cause termination, the property manager usually must have proof of the failures, such as missed visits, unhealthy plants, or safety violations. Typically, the commercial landscape provider must be given a set time to correct the issues before losing the contract.

With a no-cause cancellation, either party can initiate the process. The reasons could be almost anything, as long as proper notice is given. Be aware, though, that sometimes this type of termination comes with a longer notice period and or higher termination fees. 

Steps to Take Before Terminating Your Contract

Terminating a landscape contract isn’t a decision to take lightly. Patience is a virtue since you will need to review your contract carefully. And since many contracts are not written to be easily digested, it can often be best to have an attorney review it with you.

Taking time to review the agreement before sending in your notice helps you understand:

• Your rights
• Notice periods
• Early termination fees
• How to meet legal standards for cancelling

Documentation

There are several ways to document problems related to performance and landscape quality. Photos and videos are usually solid evidence. Just be sure to keep them organized with easily searchable file names and folders. It’s also smart to back up those files.

You will want to gather emails between you and the provider. These messages can show where services were missed or requests ignored. Emails also help prove you have tried to work out the issues before seeking an end to the partnership.

Then there are service logs that give you additional evidence. And don’t forget any security check-ins that can reveal when the landscapers did not show up when they were scheduled. 

Alternatives to Cancelling the Landscaping Contract

At Yellowstone Landscape, we believe in property walk-throughs with clients. These walks are incredibly helpful communication tools at the beginning of contracts and during regular check-ins. They can help you avoid future problems and the need to end a contract. Are walk-throughs worth your time as a property manager?

Well, consider the hassle that comes with switching landscape maintenance companies, especially during the growing season. There can be financial costs to changing companies too. Of course, it’s not always possible to have both parties there for an in-person walk-through. 

So, the second-best way to do it would be a virtual walk-through. You can show the provider, in real-time video, the issues that are not up to standard.

What if you can’t get anywhere with your landscape company’s assigned account manager? Don’t hesitate to go up the chain of command. Depending on the size of the landscape firm, you may have success talking to the following instead:

• Operation manager
• Branch manager
• Sales manager
• Owner

One extra conversation may be enough to save the partnership. A fresh set of eyes on the situation can often lead to major improvement. However, if all those steps get you no closer to satisfaction, cancelling is likely the only option left. You want to approach it the right way, though.

Handing Services Off to a New Landscape Company

A smooth, professional transition to a new provider will mean your green spaces and curb appeal can avoid further decline. Proper steps also help avoid burning bridges, regardless of the factors leading up to the cancellation. Not to mention that a smooth commercial landscaping service transition may prevent legal backlash. 

See the eight best practices for moving to a new vendor below:

1. Coordinate timing of changeover
2. Set an official hand-off date
3. Transfer any knowledge bases
4. Note any ongoing repairs and plant warranties
5. Request site maps, service logs, equipment lists, and irrigation schedules from the prior vendor
6. Communicate unique access times, tenant restrictions, or noise limitations
7. Give notice of the changeover to property stakeholders (tenants, staff, and owners)
8. Provide the new firm with security clearances

How to Exit a Landscaping Contract Professionally

Clear communication and professionalism go hand in hand. Each part of a dispute can be handled professionally. It starts with written notice to the landscaper that your expectations and contract requirements are not being met. This is often called a performance improvement plan and should be issued in writing. 

Again, you want to document the process. 

One issue with performance improvement plans is that it can be tempting not to give them time. However, most commercial landscape providers we know in the industry take pride in their work and care about their reputation. They want to keep clients happy. So, unless you have no faith left in the company, it’s best to give them a solid chance to turn things around. 

The truth is that it can take a while for crews to figure out a new property. After all, there are so many factors coming into play, like:

• Drought
• Flooding
• Micro-climates
• Heat island effect
• Climate pattern changes
• New invasive pest species
• Unpredictable storms and resulting damage

Respectful Communication

Both parties are more likely to get what they want when messages avoid getting “personal.” Keeping things professional, giving one another the benefit of the doubt, goes a long way. Ending a contract early can ding the reputation of both the contractor and the property owner. 

Contractors in the community talk among themselves. The same goes for property managers or owners. Word could get around that all the parties involved are challenging to work with. That hurts their respective businesses and could even affect the hiring of new employees in the long run.

A Clean Landscape Contract Wrap-Up

One of the most important steps when the decision is finally made to cancel a contract is getting the final invoices paid. Be sure these are itemized clearly. You only want to pay for what has been completed, not partially completed projects. Be certain that any early termination fees are included in the final invoice and called out as line items. 

Another step to a clean break is having the vendor retrieve any equipment still on your property. That could include:

• Mowers
• De-icers
• Safety gear
• Storage bins
• Irrigation supplies

The next step is to update your property access codes along with parking permissions. This is a must for security protocols and clear boundaries. 

How Overlapping Service is Beneficial

Things will often go smoother when there’s overlap in services between the outgoing provider and the new one. It can reduce any confusion with vital service timing, especially during seasonal changes or major events coming up on the property. The outgoing landscaper may have more time to go over nuances with the new team than you do with a busy property management schedule.

Another note on seasonal changes - be aware that the heat of summer may be the worst time to switch your provider. Finding a new provider during the busy season is only part of the challenge. They will be coming in facing heat stress and possible dry conditions. It will be difficult for the new team to make a big impact in those conditions. 

So, try to give yourself and the new company some runway closer to fall for them to take over. And be sure to be transparent with both the old and new providers.

How Yellowstone Landscape Handles Contract Transitions

At Yellowstone we’ve seen many contract transitions from both sides of the situation. We’ve seen contracts end and had the same clients call us back a couple years later, when they found the grass wasn’t really greener on the other side. We’ve also onboarded new clients who felt a need to end their prior contract early with a different contractor.

Our clients appreciate how we work with them to set expectations right at the start. As we noted, communication is as crucial as healthy and vibrant plants, trees, and grass. Clients are given realistic timelines for property recovery and improvements based on a close look at the property.

It begins with a thorough site audit. The Yellowstone account manager does a careful walk-through alongside the property manager. With the in-person audit, a site condition report is created and can include:

• Soil quality

• Plant health

• Mulch levels

• Turf conditions

• Safety concerns

• Property mapping

• Drainage concerns

• High-visibility areas

• Irrigation system inspection

• Common areas vs. private residences (HOAs)

How Yellowstone Landscape Builds Trust

When our company gains a new client property to service, we want them to know our top priority isn’t only to serve them during the length of the contract. That would be short-sighted. Our goal is to be their partner for years to come. Long-term relationships are vital to a successful landscape business and just as vital when creating top-tier landscapes that last.

Yellowstone Landscape account managers listen to any issues that led to the cancellation of the prior provider’s contract. What worked in the past, and strategies that didn’t live up to the promise, are also discussed. 

The client gets the chance to fill us in on areas that need immediate attention. These conversations are the beginning of a true partnership. 

A Professional Landscape Transition

Our company’s transition plans often feature overlapping services to avoid gaps in maintenance. Yellowstone leaders and team members are familiar and friendly with many other established firms. Familiarity and professional respect aid the transition. 

Years of experience signing new clients mid-season help with handling equipment transfers, site access, and final reports. We want the property manager to have a worry-free changeover and know that they are in good hands, with nothing being ignored or put off.

Conclusion

Contracts are a positive aspect of doing business. They add protection and clarity for both property owners, managers, and landscaping companies. While written agreements are meant to be binding, they are also designed to allow people to walk away if the fit is no longer right.

This flexibility is a good thing. It gives options to property managers with changing needs or an underperforming landscape. Providers gain the advantage of being freed from a contract that is no longer in their best interest or when their business has hit a hardship.

Terminating a contract can be a messy affair, but the good news is that it doesn’t have to be. Green spaces don’t have to suffer when a change is made, either. As long as all parties move forward in a professional manner, the outdoor spaces can be kept looking good for those the owner serves (tenants, homeowners, guests, etc.).

The key to avoiding burned bridges and further loss of curb appeal is keeping good records on service problems, respectful communication, and a proven transition plan.

If you’re considering a landscape provider change, contact Yellowstone Landscape. We look forward to walking your property with you to discuss ways to get your landscape thriving once again. 

Interview Questions With a Yellowstone Account Manager

What are the most common reasons property managers come to you wanting out of their current contracts?

Declining service, poor communication, or a change in their budget or priorities. It’s not usually one issue. A lot of small issues that crop up and don’t get resolved are more likely the problem. Might be missed mowings, spotty weed control, or slow response to emails or calls.

Have you ever helped a client transition mid-season? How did Yellowstone handle that?

Some of the contracts that go away return to us in a couple of years. That’s the result of handling things the right way - parting on professional terms. 

Do you see more “for cause” terminations (due to poor service) or “no cause” (budget/management changes)?

People wouldn’t imagine it, but most landscape contracts are terminated early due to poor communication. Usually, a company isn’t doing such a terrible job that they get replaced. It’s more about the human side of not feeling heard about concerns. Or one party not even responding to messages. 

What advice would you give to a property manager who feels “stuck” in their contract?

Comb through the contract, including any fine print. Then, document every issue with photos and emails. Even note communication breakdowns. It’s wise to ask for a professional legal review. 

What specific steps does Yellowstone take to make transitions from another provider smooth for new clients ?

Our company pinpoints urgent issues like missed service, clean-ups, or repairs, and addresses them upfront. We set realistic timelines for improvements, document everything, reset budgets for the following year, and make sure clients know what to expect. New equipment or crew hires may be part of the plan if it’s needed. Communication and transparency are the foundation. 

Can you share an example of a client who left a poor experience and found success with Yellowstone Landscape?

Recently, a property manager came to us after their provider had ignored some tree maintenance. They were using subcontractors instead of full-time arborists. The property manager had contacted us after finding out we have in-house arborists.

How do you ensure new clients don’t experience the same frustrations that caused them to leave their previous vendor?