Holding tenant liable for neglect

Questioner

As a landlord, I had impregnated cladding/pretreated fences/hardwood posts placed all around and paid for everything. Before the freshly impregnated wood can be stained, it must first sweat/breathe (advice from a certain website). In April 2022, the tenant moved into the holiday home for 1 year. He has seriously neglected the garden and has not carried out any maintenance on the lawn, fences, etc., etc. Photos available.) Now, upon pre-delivery, it was discussed that the garden should be clean and well-maintained again as it was at the start and that it looks well-maintained again. Photo available.) The discussion now is that the fences have not been maintained, there is now mold and algae growth/dirt in some places and they have not been maintained at all for a year. The tenant says that he is not liable because they were not stained at the start!! But everything had just been newly installed and it was agreed that the house and the garden would be maintained by the tenant as promised at the start. In the case of minor repairs, fence maintenance is the responsibility of the tenant, and a lawyer's website states that the rent assessment committee must adjust the fact that minor and major fence maintenance is the responsibility of the tenant?! Court ruling.

Lawyer

Good afternoon, In general, the maintenance of the garden (and fence) should indeed be paid by the tenant. However, it depends on all the facts and circumstances whether you can recover the (repair) costs from the tenant. Think about what is included in the lease (and any general terms and conditions), what falls under any service costs, whether a recording of the property has been drawn up, etc. If you would like to discuss your case further, please feel free to contact us without obligation. Kind regards, Mr. S. Leito FerLei Legal 06-49175526