Simple garden areas such as lawns, plant beds and a garden shed are not considered "elaborately designed living environment". Therefore, no rent increase can be demanded for them. This was decided by the Berlin-Schöneberg district court (AZ: 105 C 226/23). In this case, a landlady wanted to increase the rent. She was of the opinion that the gardens on the property were elaborately designed. The tenant did not share this opinion.
The case ended up in court. The judges clarified that a residential environment is only considered to be elaborately designed if it goes beyond the usual level and involves a special horticultural or architectural effort. The simple presence of planted areas and a garden shed is not sufficient to meet these criteria.
The decision makes it clear that the term "elaborately designed living environment" sets high standards. The mere costs and work involved in standard garden areas are not sufficient for a rent increase due to an elaborately designed living environment.
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