The tenant who has the use of a private garden must take care to maintain it properly, and above all to return it to its original state when leaving the premises. Which is not always easy when you know that a plant grows, and that sometimes it dies.
What the law says
The legal obligations of maintenance of the external parts which fall to the tenant of a real estate are quite clearly explained in a decree decree n ° 87-1290 of December 23, 1987, in application of a law dating from December 1986.
They are part of "rental repairs" charged to the tenant if he has exclusive use. Concerning the garden specifically, this is the routine maintenance of paths, lawns, flowerbeds, basins and swimming pools. This includes pruning, pruning, weeding trees and shrubs, and replacing dead plants during the lease, as well as repairing and replacing mobile watering facilities.
The essential inventory
The affair becomes complicated as soon as everyone applies this very personal perception of the expression "routine maintenance" to this legal text. If some like free hedges, others prefer them with a line and it is sometimes difficult, between fussy owners and tenants followers of the natural garden, to get along. Because a lack of regular maintenance of the garden can become a cause for termination of the lease for non-compliance with its obligations by the tenant.
To avoid disputes, it is a good idea to take photos when you move in and to set up a quick maintenance schedule with the owner, especially during long rentals, as the garden must be returned to its original state. . Otherwise, the restoration work may be invoiced to the tenant.
Points of litigation
It is about the heights of trees, shrubs and hedges, and the embarrassment they cause in the vicinity, that disputes are most frequent. Again, the pruning and pruning of trees are the responsibility of the tenant as soon as he has the exclusive use. The owner can claim the realization of it when necessary and request the termination of the lease to a tenant who evades it. However, the felling of a tree is the responsibility of the owner.
Another delicate subject, the death of plants, which must theoretically be replaced by the tenant. In the case of incurable and endemic diseases (elm disease, fire blight, etc.), which are not the result of a lack of maintenance or supervision, the owner must be understanding.
In collective gardens
As part of a shared enjoyment of the garden (condominium), all current maintenance work is the responsibility of the owner (s) who generally pass on the cost of it through so-called “recoverable” charges on the rents. Pruning work is not part of this expense category and must therefore be fully assumed by the co-owners. The difference is significant and often confusing.
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It is discussed
The development of the garden is in theory at the expense and on the decision of the owner. The tenant wishing to plant a fruit tree or create a vegetable garden must therefore obtain his agreement. It will no doubt also have to provide funding.
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