Even if an owner is not responsible for pests on her property, she must combat them and bear the costs. At least that is what the Berlin Administrative Court has now ruled (VG 14 L 1235/22). In this case, an unknown person had provided rats with food and drink on a property in Berlin-Reinickendorf. The rat infestation had been reported to the public health department and confirmed by several people independently of each other.
The public health department carried out a site inspection. After this, the Reinickendorf district office obliged the owner to appoint a specialist to control the rats within one week and to inform the district office of this in writing. If this did not happen, the district office wanted to carry out the rat control itself and charge the owner for the costs.
The owner then filed an urgent application, but was unsuccessful. In this case, the owner's obligation to control rats was based on the Ordinance on the Control of Harmful Organisms. This is also the case if the owner is not at fault and is not responsible for the rat infestation. The owner can still lodge an appeal against the decision with the Higher Administrative Court of Berlin-Brandenburg.
Source: berlin.de/VG 14 L 1235/22
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