Landlords can pass on the costs of felling a rotten tree on a rental 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 this case, a tenant had taken legal action against a housing association that had a rotten birch tree felled and passed on the costs of around EUR 2,500 to the tenants. The tenant incurred costs of around 415 euros. She paid this, but with reservations, and eventually demanded her money back.
Without success. This is because the maintenance of landscaped areas, including the renewal of plants and shrubs, also includes the felling of a tree. The BGH also points out that the costs of felling a tree are foreseeable costs.
Source: BGH/ AZ: VIII ZR 107/20
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