The Content Of The Article:
- Beautification at your own expense
- Dismantling is mandatory
- Judgment on animal husbandry in the rented garden
Only if the tenant does not maintain the garden at all, the landlord can hire a horticultural firm and charge the tenant for the costs - that is the decision of the district court of Cologne (Az. 1 S 119/09). The landlord is not entitled to give clear instructions for garden maintenance. Because the underlying rental contract obliges the tenant only to carry out the garden care in proper personal contribution. Therefore, for example, no English lawn needs to be maintained.
If the tenant prefers a meadow with wildflowers, this change in the opinion of the court is not equivalent to a neglect of the garden. Termination can be terminated without notice only if the garden is completely overgrown and if, as in the case of the Munich district court (ref. 462 C 27294/98), pigs, birds and various small animals are kept on the property contrary to the rental agreement.
Beautification at your own expense
If, according to the lease, the rented garden of a detached house can be designed according to your own wishes, the tenant can plant any trees and shrubs. The firmly rooted plants, however, become the property of the landlord. Upon termination of the lease, the tenant can basically take the trees or even ask for money for planting. A claim for reimbursement arises only, as the BGH has recently ruled in a ruling (VIII ZR 387/04), if in the lease a corresponding regulation was agreed.
Anyone who plants a tree in the hired garden will do so at their own expense. In the case of an extract, it becomes the property of the landowner
Dismantling is mandatory
Structural changes in the garden, which are not agreed with the landlord, the tenant must usually reverse at their own expense. Whether and to what extent facilities may even be introduced into the garden (right of installation) depends on the rental agreement or whether the measures are covered by the contractually agreed use. In any case, there is a obligation to repay upon termination of the lease (§ 546 BGB). For example, the following garden elements usually have to be removed again if the landlord insists: garden sheds, tool sheds and pavilions, brick fireplaces, composting areas, pools and garden ponds.
Judgment on animal husbandry in the rented garden
The defendant tenants had rented a detached house with garden and garden shed. According to the lease, you are entitled to keep a dog on the property and obliged to look after the garden. Instead of the dog, the tenants kept three pigs and built stalls containing rabbits, guinea pigs, turtles and numerous birds. The pigs were fed with food outdoors. The plaintiff claims that his lawn has turned into a muddy field. He announced the tenants without notice and submitted the eviction action. The defendants consider the termination ineffective. They argue that the garden has been explicitly leased and that they have a right to use the garden according to their ideas.
Against guinea pigs in the garden no landlord should have something to object
The district court Munich (Az 462 C 27294/98) gave the plaintiff right. He was allowed to terminate without notice as landlord. The starting point is the lease contract concluded between the parties. This clearly regulates both the permitted animal husbandry and the garden maintenance. The defendants have seriously violated their contractual obligations. The tenants have only the right to use the leased property as intended. But you have the property far beyond the scope of what is customary, used. A residential property was rented, not an agricultural area. The intensive animal husbandry has put the property in an unbearably neglected state. Because of this massive breach of duty, the plaintiff has a right to termination without notice.