Do plants etc. in the garden have to be taken over from the previous tenant?

  • Erstellt am 2008-05-06 12:04:52

Stufi

2008-05-06 12:04:52
  • #1
At the end of November 2007, a tenant moved out of his rental apartment. Now, at the end of April, the tenant wanted to come and collect the spring onions he planted in 2007 from the garden. In the meantime, however, I have removed (composted) the onions and prepared the garden for the new tenant. The former tenant is now demanding compensation from me, claiming that he had the right to harvest even after the termination of the lease and to collect it 5 months later. Who is right now? By the way, I am the custodian, also a tenant in this building. Many thanks for your help.
 

kaster

2008-05-06 12:21:12
  • #2
if he believes that he would have had the right to pick up his onions after 5 months, then I would leave it to him to take the legal route - although I wouldn't worry too much about that^^

I would rather turn the tables. actually, the apartment and the garden have to be handed over in the same condition as they were received. therefore, I would subsequently charge an invoice for your work (digging up the onions etc.) ;)

greetings and don't worry
bausepp

ps: how much compensation does he want?
 

Stufi

2008-05-06 13:03:23
  • #3
With a registered letter, I was requested to pay 90.- Fr. within 30 days. The problem is that the tenant somehow arranged with the landlord that he could pick up the vegetables later. However, I was not aware of this agreement. Except for the 5 months later.... Thank you very much for your response.
 

kaster

2008-05-06 13:25:30
  • #4
I assume that it is your task to take care of the garden. It probably belongs to this apartment.
So I would get in touch with the administration/landlord. I would say that the administration/landlord should have informed you about this arrangement. - maybe this arrangement isn’t even correct.
I definitely wouldn’t pay the amount. If he sends you a reminder and goes after you legally, you can file a legal objection. Then he has to prove that you are in debt. Then it would go before the justice of the peace, who usually tries to mediate. This means that he works in the conversation towards a compromise. That is, you pay another CHF 45 if you agree, otherwise the plaintiff can pursue the case further...^^
The justice of the peace charges court costs, filing fees, and ruling fees of around CHF 350. A rule of thumb says that it only makes sense to pursue a claim for amounts from CHF 1000 to 2000 and only when the legal situation is 80-100% clear to interpret.
Regards, bausepp
 

Similar topics
27.04.2020Cat-proof garden16
04.05.2015Termination of apartment lease; landlord moved without providing a new address14
09.11.2014Landlord provides false information regarding the electricity bill of the gas heating system.14
02.09.2015How large should a garden be at minimum?11
12.04.2016Heat pump: better inside the house or in the garden?38
17.10.2011Need an invoice for an IKEA BESTÅ BURS TV bench21
08.11.2017Looking for a suitable tree for the garden11
02.04.2018How to secure a slope and design a garden entrance cost-effectively?27
27.04.2018City villa 190m² with driveway & garden on the south side30
13.09.2018Garden landscaping disaster or does it really have to be this expensive?30
02.10.2018Garden landscaper offer ok or rather totally exaggerated?103
30.11.2018Noise protection options against railway tracks in the garden14
29.11.2018Ideas for outdoor areas, garden, garden landscaping - suggestions, tips?51
18.01.2019Purchase of a semi-detached house with a north-facing garden - which side?10
18.08.2020Natural garden with hedge instead of fence98
29.04.2019How to plan the floor plan when the garden is in the east and the driveway in the west24
15.06.2019Cooperative or house purchase with a large garden?12
17.12.2020Financial planning with a rented apartment17
14.02.2021Empty conduits from the house to the garden / Tips10
24.02.2021Orientation of the house and garden towards the east43

Oben