Pruning trees: the responsibility of the tenant/landlord?

The regular pruning of hedges, bushes, and fast-growing trees is, in principle, the tenant's responsibility. This is stated in the Minor Repairs Decree: normal garden maintenance is at the tenant's expense. However, this rule is not absolute. If it concerns large, old trees that were already present at the start of the tenancy and that can only be pruned at considerable cost or effort, a judge may rule that it is no longer a minor repair and that the landlord is responsible. Anyone wishing to avoid disputes, whether as a landlord or tenant, should record the agreements and the initial condition of the garden in writing and with photographs.

Who is responsible for pruning: the tenant or the landlord?

In rental agreements, the general rule is that the landlord bears major maintenance and repair costs, while the tenant is responsible for minor, day-to-day maintenance. For residential properties, this is elaborated in the Decree on Minor Repairs. A similar principle applies to the rental of commercial premises , but in that case, parties have much more leeway to make deviating agreements in the lease agreement. Garden maintenance, including pruning, fundamentally falls under the tenant's minor maintenance.

At the same time, case law shows that this division is not set in stone. Whether pruning work is truly at the tenant's expense depends on the specific situation: how large is the tree, who planted it, and can the work still be carried out without excessive cost or effort?

What does the Minor Repairs Decree say about gardens and trees?

The Minor Repairs Decree stipulates that the maintenance of gardens, yards, driveways, and boundary fences is, in principle, the responsibility of the tenant. The annex to the decree explicitly lists “the regular pruning of hedges, bushes, and fast-growing trees” as an example of work that the tenant must do (or have done) themselves.

The rationale is that this is the type of maintenance a tenant can normally carry out themselves without much effort or cost. The decision is intended for minor, recurring work. It therefore concerns “fast-growing” trees: young growth that requires periodic maintenance, not an overgrown specimen that has been standing in the garden for years.

What else falls under the tenant's minor maintenance?

• Regularly weeding the garden and the areas between tiles on driveways and patios.
• Replacing a few damaged or broken tiles.
• The regular pruning of hedges, hedgerows, and fast-growing trees.
• Replacing dead plants that the tenant planted themselves.

The picture is therefore: ongoing, minor garden maintenance is the responsibility of the tenant, while structural and major interventions are not, in principle.

When is a large tree no longer a minor repair?

The reality is more nuanced than the wording of the decree suggests. There is case law in which the subdistrict court actually deviated from the Minor Repairs Decree, despite the fact that pruning is mentioned therein in so many words. That case concerned two trees many meters high that were already present at the start of the lease agreement. The landlord received complaints from neighbors and repeatedly ordered the tenant to prune.

The judge ruled that pruning such large, thick-trunked trees could no longer be considered a minor repair. The following played a role in this:

• It concerned trees with thick trunks that were already present at the start of the lease and had not been planted by the tenant;
• it was not established that the nuisance to local residents stemmed from the failure to maintain the trees, but partly from their simple size;
• the extent to which the tenant could hardly be held responsible.

To address the nuisance nonetheless, the landlord was permitted to have the trees pruned at their own expense in that case. However, the tenant had to grant access for this and accept the temporary inconvenience. This ruling shows that even work explicitly mentioned in the decision can, under certain circumstances, still fall to the landlord.

The limit: reasonable effort and costs

The common thread in case law is that the tenant's obligation to prune is limited to work that he can carry out (or have carried out) himself without excessive cost or effort. If a tree requires a specialized company, climbing equipment, or a substantial expenditure, the center of gravity shifts towards the landlord. The label "minor repair" simply no longer applies in such cases.

Watch out: who is letting the tree get out of control?

There is an important downside to this story. A tenant cannot always hide behind the size of a tree. If a tree has grown so large precisely because the tenant has neglected their pruning duty for years, the costs may still remain the responsibility of the tenant. After all, the tenant is then benefiting from their own negligence.

Therefore, it is crucial to be able to demonstrate the situation at the start of the lease. Was the tree already large, or has it grown under the tenant's management? That distinction often determines the outcome.

Practical tips to avoid discussion

Whether you are a landlord or a tenant, you avoid a lot of hassle by establishing in advance who does what and the condition of the garden.

• Photograph the initial situation. Upon completion, document not only the building but also the garden, trees, and boundary fences. This often serves as decisive evidence later on.
• Make agreements in the lease contract. Especially for commercial premises, you can explicitly stipulate who is responsible for pruning and major garden maintenance. Do not leave this to chance.
• Respond to complaints promptly. Do not leave pruning work undone for years; negligence can backfire.
• Document correspondence. Demands, responses, and agreements reached are valuable if a dispute arises.

Are you unsure about the correct division or is a conflict escalating? Our tenancy law are happy to advise you.

Frequently asked questions about pruning for rentals

Should the tenant or the landlord prune?

In principle, the tenant: the Minor Repairs Decree classifies the regular pruning of hedges, bushes, and fast-growing trees as minor maintenance. However, if it concerns large, old trees that can only be pruned at considerable cost or effort, the landlord may be responsible.

What is the Minor Repairs Decree?

This is a statutory regulation that describes which minor, daily maintenance is the responsibility of the tenant when renting residential property. The appendix contains a list of examples, including garden maintenance and the pruning of hedges and overgrown trees.

Does this distribution also apply to the lease of business premises?

The basic principle is similar, but for commercial premises, parties have more freedom to make their own agreements in the lease agreement regarding who bears the maintenance costs. What is stated in the contract is often the guiding principle in this regard.

Who pays if a tree gets out of control?

If a tree has grown large because the tenant failed to prune it for years, the pruning costs may still remain the responsibility of the tenant. If the tree was already large at the start of the tenancy, the landlord's responsibility is more likely.

Why are photos important at the start of the rental?

Photos show the condition of the garden and trees when the tenancy began. That evidence is often decisive in determining whether a tree was already large or only fully grown under the tenant.

Disagreement about pruning or garden maintenance in a rental?

A dispute regarding pruning or maintenance can quickly escalate, especially if neighbors complain or costs are involved. We help tenants and landlords establish clear agreements and resolve conflicts.

• Questions about the division of maintenance? View our expertise in tenancy law and real estate law.
• Are you in the middle of a conflict? Our legal assistance provides a clear picture of your position.
• Want to brainstorm directly with a lawyer? Schedule an intake and explain your situation.