Tenant responsible for tree maintenance?

Questioner

We rent part of our back garden from a company. They indicate that we are responsible for the maintenance of the garden, including pruning and maintaining the trees on the rented part. Now, on the rented part of the garden, there is a very large tree that is quite crooked. We are afraid that this tree could fall over in the next storm. We have reported this to the company and they hold us responsible for having the tree cut down. Having this enormous tree cut down is an expensive affair. My question is whether we should indeed pay for these costs?

Lawyer

Normally, this major maintenance - if the garden were part of a rented property - would be at the expense and risk of the landlord. But with other types of rental, there are fewer rules, certainly if no contractual agreements have been made about it. If you characterize the leaning tree as a defect or property that you could expect to be remedied or maintained in time, you can hold the landlord accountable. Then it is his duty to remedy the defect. (Article 7:204) . If you can no longer use the land at all due to the danger, you also have the right to terminate the agreement if the landlord does not immediately remedy the defect. (Article 7:210)

Lawyer

The first question is whether a written rental agreement has been concluded in which the agreements made are recorded. If there is no written lease agreement, I wonder what the company bases its position on that you are solely responsible for the maintenance of the garden. The Civil Code does contain provisions that apply, especially if no other agreements have been made between the parties. Article 7:206 of the Dutch Civil Code stipulates: 1 The landlord is obliged to remedy defects at the tenant's request, unless this is impossible or requires expenses that cannot reasonably be expected of the landlord in the given circumstances. 2 This obligation does not apply to minor repairs which the tenant is obliged to carry out pursuant to Article 217, and to defects for the occurrence of which the tenant is liable to the landlord. 3 If the landlord is in default with the remedy, the tenant can carry out the remedy himself and recover the costs incurred for this, insofar as these were reasonable, from the landlord, if desired by deducting them from the rent. This cannot be deviated from to the detriment of the tenant. Article 7:204 of the Dutch Civil Code stipulates that a defect is understood to mean: a condition or property of the property or another circumstance not attributable to the tenant, as a result of which the property cannot provide the tenant with the enjoyment that a tenant may expect from a well-maintained property of the type to which the agreement relates when entering into the agreement. At first glance, it seems very likely that the landlord may require you to perform regular maintenance on the land, but that it is the landlord's responsibility to repair major defects. In my opinion, the threat of a rotten tree that is about to fall and cause damage can be considered the landlord's responsibility, unless this is due to poor maintenance during the period that you have rented the land.