Landlords can pass on the costs of cutting down a rotten tree on a rented property to their tenants. This is the result of a ruling by the Federal Court of Justice (AZ: VIII ZR 107/20). According to the ruling, the cost of felling a tree is one of the apportionable costs of garden maintenance.
In the case in question, a tenant had filed a lawsuit against a housing association that had cut down a rotten birch tree and passed on the costs of around 2,500 euros to the tenants. The tenant incurred costs of around 415 euros. She paid these costs, but with reservations, and finally demanded her money back.
Without success. This is because the maintenance of gardened areas, including the renewal of plants and woody plants, also includes the felling of a tree. The Federal Court of Justice also points out that the costs of tree felling are expected costs.
Source: BGH/ AZ: VIII ZR 107/20
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