Liability for damage to rental property


Questioner

we have a holiday home in ermelo and rent it out for about half a year per year. the contract states that the tenants must maintain the garden and prune the conifers with regard to the park. now the tenant has pruned the conifers back in such a way that brown spots have appeared that no longer grow the hedge is all around the holiday home on about 350 m2 and serves for a lot of privacy but that hedge no longer looks good and that will not improve. who is liable here?

Lawyer

That depends on whether the pruning work, because that is in principle major maintenance of the garden, has been transferred to the tenant and/or whether you have given good instructions? If the damage is permanent, then you could consider withholding part of the deposit, if there is consequential damage (the hedge needs to be repaired) then you can also claim this, taking into account what I state above.

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