Garden care in a tenancy agreement: separate use, routine care and specialist work

Define the garden that comes with the home

Imagine a family viewing a terraced house in Düsseldorf. They picture meals outdoors and somewhere for the children to play. The owner is thinking about a carefully shaped hedge and mature trees that need attention. Neither expectation is unreasonable, but they do not describe the same commitment. Before agreeing the tenancy, turn the general promise of a garden into a clear description of what is included and how it can be used.

A simple plan can show the rear lawn, front garden, side passage, shed and shared paths. Identify areas for the tenant's exclusive use and those used by other residents. If somebody needs to cross the garden to reach a storage room, discuss that arrangement before presenting the space as entirely private. For an existing tenancy, first establish the rights already agreed. Drawing a new boundary on a plan does not itself change those rights.

Discuss everyday activities separately from lasting alterations. Sitting outside, movable plant pots, a vegetable patch and a new pond involve different changes. Agree the approach to consent and eventual reinstatement before substantial alterations, removal of established plants or new paving. Permission to enjoy the space is not blanket permission to redesign it. For a rented condominium, check the owner's actual rights within the owners' association before promising exclusive use.

The legal starting point is the landlord's obligation to provide and preserve the agreed use under section 535 of the German Civil Code, BGB. Any transfer of specific gardening duties needs separate consideration. Our guide to letting a house places this decision within the wider preparation, pricing and tenant-selection process.

Explain routine care in terms people can apply

If the tenant will undertake everyday gardening, describe the activities and areas involved. Mowing an accessible lawn, removing weeds and collecting leaves are useful examples of straightforward care. Avoid assuming that the same description fits every property. A small level lawn presents a different workload from a steep garden with awkward access and dense planting. Inspect the actual site before deciding what is reasonable to ask someone to do.

In its judgment of 7 October 2004, case I-10 U 70/04, the Düsseldorf Higher Regional Court interpreted a general garden-care obligation for a single-family house as covering simple work without special knowledge or exceptional time or cost. It also rejected an unrestricted right for the landlord to dictate the type and frequency of care where no contrary agreement existed and neglect was not threatened. This is guidance on interpreting the clause considered by the court, not a ready-made contract for every garden.

Describe the practical result you expect. Agreed areas should receive appropriate care, routes should remain usable and emerging problems should be reported. A patch of wildflowers or daisies in a lawn does not by itself demonstrate a breach. A weekly mowing demand can also ignore weather, growth and the actual agreement. A tenant who enjoys a less formal garden need not share every aspect of the owner's aesthetic preferences.

Use the viewing to test whether the arrangement works. Show the electricity supply, water point and place for cuttings. Explain how the mower reaches the lawn. These details reveal the real commitment far better than asking whether an applicant simply likes gardens.

Keep specialist work and repairs clearly assigned

Large-tree work, pruning at height and assessing a potentially unstable trunk require appropriate expertise. A general gardening clause supplies neither that expertise nor suitable equipment. In your letting plan, identify the specialist jobs you will arrange and the process for commissioning them. This helps prevent a tenant attempting dangerous work because they believe everything outside the house is their contractual responsibility.

Even the word hedge can hide major differences. A small accessible shrub is not equivalent to a tall, broad boundary hedge. Consider working height, machinery, disposal and knowledge of suitable pruning methods. In the Düsseldorf case, the disputed general clause did not cover various more demanding activities, including pruning woody plants, scarifying and reseeding the lawn. That finding should not be converted into an absolute rule for every possible agreement and garden.

Distinguish horticultural care from the physical condition of structures. A rotten fence post, a broken garden gate or a defective fixed water pipe is not ordinary gardening merely because it is outdoors. Record these issues before letting and decide which repairs must be completed before the tenant moves in. The gardening arrangements should not conceal a backlog of work that already exists.

Unusually extensive obligations need careful contractual review. Standard terms are subject, among other provisions, to section 307 BGB on unfair and unclear terms. Calling a prewritten provision an individual agreement does not automatically make it enforceable. Ask a German tenancy-law professional to assess substantial transfers of duties and avoid an open-ended clause assigning all present and future garden work to the tenant.

Make equipment, supplies and absences manageable

A workable care arrangement includes the means to carry out the agreed tasks. Decide whether the landlord provides a lawnmower or the tenant uses their own tools. If equipment is supplied, record its type, accessories, condition, instructions and storage location. A cordless mower without its battery or a locked shed without an available key does not provide a usable setup. Deal with known defects before handing over machinery.

Discuss ordinary cleaning, proper storage and how faults should be reported. Providing a tool does not by itself answer every question about repair costs. Existing defects, ordinary wear and damage caused by misuse are different matters. A clear inventory and an honest description of condition make later discussions easier. Lending a ladder or powerful machine is not an adequate substitute for arranging a suitably qualified contractor where the work demands one.

Water, electricity and the removal of cuttings also need attention. Identify the supply points and a practical way to distinguish shared consumption where relevant. A separate water meter does not automatically establish a particular reduction in local charges. Check the municipal requirements before promising savings associated with garden water. Confirm that any agreed composting area exists and suits the amount of material the garden produces.

Plan sensibly for longer absences. Where the tenant has validly undertaken necessary routine care, discuss how work falling due during an absence will be handled. That need not mean insisting on a professional replacement for every holiday. A practical arrangement for dry weather, equipment failure and unexpected damage is more helpful. An obvious hazard should always be dealt with through the agreed reporting route rather than left until the next ordinary gardening day.

Separate doing the work from paying operating costs

Responsibility for arranging a job and the ultimate allocation of its cost are different questions. A tenant might contribute to qualifying garden-care costs without being responsible for carrying out the work personally. Equally, an agreement to mow the lawn does not settle every bill for contractors. Keep these provisions distinct so that the agreement does not accidentally charge for the same task through overlapping arrangements.

Under section 556 BGB, the parties can agree that the tenant bears operating costs. The German Operating Costs Ordinance, or BetrKV, describes garden-care costs in section 2, item 10, including replacement of plants and woody vegetation. The exclusions for repairs and administration in section 1 BetrKV still matter. Ask for itemised invoices where lawn care, fence repairs and redesign are combined. A heading such as garden service cannot settle the legal classification.

Tree work illustrates the distinction particularly well. On 10 November 2021, in VIII ZR 107/20, the Federal Court of Justice held that felling a rotten, unstable tree can generally qualify as garden-care costs. This does not require the tenant to fell the tree personally or make every landscape alteration recoverable. The agreement, relevant areas, economic reasonableness and accounts still require examination.

For a property with several tenants, identify which areas the costs concern. Qualifying communal garden costs can be payable even if a particular tenant does not actually use that garden. Areas reserved exclusively for the owner or other individual tenants should not simply be included as communal space and charged to everyone. Check the contractual allocation and the actual rights of use.

For illustration only, annual eligible costs of €900 and a valid one-third allocation produce a €300 share, equivalent to €25 monthly. These are invented calculation figures, not market prices or a guaranteed annual charge. Include the costs remaining with you when assessing the rent; an expense does not automatically justify a rent premium.

Respect seasonal restrictions and respond to hazards

A maintenance calendar must reflect growth, conditions and German conservation law. Under section 39(5) of the Federal Nature Conservation Act, BNatSchG, cutting back hedges, living fences, bushes and other woody vegetation to the base, removing them or undertaking the prohibited major cuts is generally restricted between 1 March and 30 September. Gentle shaping and maintenance cuts to remove growth can remain permissible within the statutory conditions. That is not general permission for every summer pruning operation.

The provision distinguishes trees according to their location, so do not simply apply the hedge rule to every garden tree. Species protection, including section 44 BNatSchG, must also be observed. Reaching a particular date does not automatically permit interference with protected animals or their breeding and resting places. Check what is actually present before scheduling work.

In Düsseldorf, the municipal tree-protection rules add another layer. A tree is not exempt merely because it stands in a private garden. Clarify protection and permission requirements with the relevant authority, and the method of work with a competent contractor. For a property elsewhere in North Rhine-Westphalia, check the rules applicable in that municipality.

A tree leaning after a storm calls for prompt attention to safety. Keep people out of the affected area and use the agreed reporting arrangements. Section 536c BGB requires tenants to report emerging defects and certain unexpected dangers without undue delay. It does not turn an ordinary tenant into a professional tree inspector. Arrange an appropriate assessment promptly; disagreement about the eventual bill should not delay dealing with danger.

Document the starting point and deal with disputes precisely

Walk through the garden together at the beginning of the tenancy. Take clear photographs of lawns, beds, hedges, trees, paths and supplied tools. Record bare patches, damaged edging and vegetation already showing an obvious problem. A dated record explains the condition at handover; it should not become continuous monitoring of the tenant's private use. A plan and specific observations are more useful than a general statement that everything looks fine.

List outstanding work, who will arrange it and a realistic intended date. If a contractor is due to reduce the high hedge before occupation, keep that commitment visible. An existing backlog should not later be presented as neglect caused by the new tenant. Supply shed keys, equipment instructions and the agreed contact details together, so that the practical information is available from the start.

If a disagreement develops, identify the observation and compare it with the agreement. An obstructed path is different from a patch of flowers the owner would prefer to remove. Consider the season and whether the task is genuinely due. Before commissioning substitute work and seeking payment, or considering termination, obtain advice on the legal conditions, including any required warning or opportunity to remedy. A contractor's invoice alone does not prove a claim against a tenant.

At departure, complete garden renewal is not automatically owed. Under section 538 BGB, a tenant is not responsible for deterioration resulting from contractual use. Proven damage and validly agreed removal of the tenant's alterations require separate consideration. Comparing a summer move-in photograph with a winter handover without accounting for the season can mislead both parties. Record disputed points before deciding whether any deposit deduction is justified.

Choose a care arrangement that suits the letting

Routine tenant care may work well for a manageable single-family garden if the workload, equipment and tenant's willingness align. An extensive garden or a property with several households may be easier to manage through an owner-appointed contractor. A mixed arrangement can also work: the tenant undertakes specified everyday jobs while specialists handle defined demanding tasks. Check the boundaries so that no task is overlooked or billed twice.

Before advertising, prepare a short list tailored to the property. For each task, identify the area, person responsible, necessary equipment and proposed treatment of costs. Resolve uncertain contractual provisions before they become a promise in the listing. It can be sensible to prepare a manageable garden rather than preserve a demanding ornamental layout that nobody involved can reliably maintain. Any proposed alterations still need their own legal and practical assessment.

Explain the actual workload during viewings. Ask applicants whether they are willing to undertake the described tasks rather than inferring gardening ability from age, household type or lifestyle. Our guide to finding suitable tenants helps connect clear expectations with a fair selection process. The advertisement, agreement and handover should all describe the same garden and rights of use.

If you are preparing to let a house with a garden in Düsseldorf or elsewhere in North Rhine-Westphalia, use the landlord enquiry form to describe the location, property type, intended start date and unresolved garden issue. This gives the letting discussion a concrete starting point. A tenancy-law professional should assess unusual contractual clauses, while a qualified specialist assesses tree condition and technical work. Clear responsibilities help make the garden a practical part of the home from the outset.