Planting of the property by the tenant
August 5, 2009 | 30,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
20 years ago, the current tenant moved into our detached single-family house and has always taken good care of the garden. However, in recent years, he has almost completely abandoned this hobby and the trees, hedges, and bushes he planted have overgrown the entire property.
Now he has built his own house and terminated the lease by the end of September. It doesn't seem like he wants to take or remove the plantings himself. Is it possible to force him to do so, or to have the garden fixed after his move out and have him contribute to the costs?
I would be very grateful for a response.
Kind regards,
Dear inquirer,
In general, case law assumes that in rented single-family houses, the garden is rented out along with the property, unless the tenancy agreement states otherwise. Therefore, if the garden is simply not usable anymore, you can demand that the tenant restores it to a condition that allows for proper use of the garden. If the tenant refuses to restore the garden, you do have a right to compensation for the costs incurred in restoring its usability.
However, you must be prepared for the possibility of a legal dispute over whether the garden was actually returned in a dilapidated condition by the tenant. Ultimately, this is a question for judicial inspection. This means that in the case of total neglect, your chances of receiving compensation from the tenant for the costs incurred are good. However, if the condition of the garden is only marginally questionable, a lot will depend on the judge's assessment of the situation. I recommend documenting the condition of the garden with photos for evidential purposes.
I hope this information has been helpful to you. If you have any further questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
