Who of the tenant or the owner must maintain the garden?

The exterior parts of a rented house, such as a private garden or a swimming pool, must be maintained.

In general, it is the tenant who is responsible for the maintenance of the garden.

However, the rules may vary depending on the terms of the rental agreement.

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Tenant or owner, who should maintain the rented garden?

Rental relations are governed by the law of July 6, 1989. More specifically, its article 7 provides that the tenant is responsible for the routine maintenance and rental repairs of the property, which generally includes the maintenance of the gardens and more generally of all private green spaces.

These obligations are the responsibility of the tenant for the duration of the rental.

On the other hand, the work of greater importance is the responsibility of the owner.

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What are the exterior parts of a rental?

Outdoor spaces refer to the parts of the property that are outside the rental unit.

Decree No. 87-712 of August 26, 1987 gives a precise list of external parties for which the tenant has exclusive use.

which require routine maintenance.

They mean:

• Private gardens.

  That is to say, the paths, the lawns, the flowerbeds, the ponds and the swimming pool

• Awnings, terraces and canopies

• balconies

• Gutters and gutters

• Fences, hedges, retaining walls

• Outdoor equipment such as sheds, garden sheds

Good to know

If an exterior is shared with other tenants, or if it is a common part of a condominium building, the maintenance costs are divided between them.

The maintenance of green spaces within a co-ownership is managed by the co-ownership trustee.

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What does routine maintenance of the rented garden consist of?

The routine maintenance of the garden at the expense of the tenant agrees regular and normal maintenance tasks necessary to maintain the outdoor areas of the property in good condition.

Routine maintenance is part of what the law calls

The aforementioned decree gives a list of them:

• Take care of trees and shrubs (trimming, pruning, watering, weeding)

• Water the plants and flowers

• Repair and replace mobile sprinkler systems

• To mow the lawn

• Clean and weed walkways

• Pick up leaves and trash

• Maintain the pool in good working order

• Remove moss from gutters

The tenant is also responsible for any damage caused to the gardens during the term of the rental.

Good to know

Lessors must guarantee the peaceful enjoyment of the premises rented to the tenants

.

If the felling of a tree does not appear as such in the list of obligations for the owner, it must be carried out by the latter when it seriously threatens the tranquility of the accommodation.

What are rental repairs of a garden?

Rental repairs to exteriors include routine maintenance work and minor repairs, including the replacement of elements for private use following their normal use.

Routine garden maintenance is one of them.

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Can the tenant and the owner plan another mode of distribution of the maintenance of the garden?

The principle according to which the tenant is in charge of the day-to-day maintenance of the garden and rental repairs must be applied by the parties as long as the rental contract does not mention anything different.

But, they can agree on another mode of distribution.

For example, they may decide to share routine maintenance tasks and costs.

The lease must mention this to protect against a possible dispute.

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What are the possible remedies for landlords and tenants in the event of a dispute?

In the event of a dispute about the rented accommodation, landlord and tenant have recourse.

• Remedies of the landlord

The tenant who does not respect his obligation of routine maintenance of the exterior spaces of which he has the exclusive enjoyment exposes himself to the judicial termination of the lease at the request of the owner.

Disputes on this issue often arise from what tenant and landlord mean by routine maintenance.

For example, the parties may not have the same view of gardening.

If one considers it important to promote plant diversity in permaculture, the other may want to weed out at all costs.

It is up to the judge to assess on a case-by-case basis whether or not the obligations have been respected.

The end of a residential lease entails an exit inventory.

The owner of the accommodation is entitled to claim damages and charge the costs of restoration if they consider that the tenant has failed in his obligation to maintain the garden.

Our advice

To avoid any dispute, do not hesitate to take photos of the rented premises and agree on your respective visions of gardening from the start of the rental.

• Lessee's remedies

The tenant can seize the judge when the owner does not respect his obligation of peaceful enjoyment of the rented places.

Damage caused by obsolescence is the responsibility of the owner.

But also decency and restoration work, major repairs such as changing windows or repairing the roof.

The lessee may legally compel the lessor to undertake them.

Any dispute related to a rental property falls within the jurisdiction of the litigation judge for the protection of the court on which the rented accommodation depends.

Good to know

The tenant must in no case stop paying all or part of his rent on the pretext that the landlord does not respect the lease.