A garden with the rented apartment: who may use it?
A garden by a rental building is sought after, but who is entitled to it? Whether you may use it alone or whether it is a common area depends on the lease. That also decides the duty of upkeep.
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What you should do now
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1. Check the lease
Is the garden co-let (sole or common), and is there an upkeep clause?
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2. Clarify the use
With sole letting you may use the garden alone; otherwise common use applies.
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3. Check the upkeep duty
Only with a valid agreement do you have to maintain the garden, and only to the usual extent.
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4. Resolve disputes
Refer to the lease; unclear clauses often work against the party that used them.
Frequently asked questions
May I use my rented apartment's garden alone?
That depends on the lease. If the garden is expressly co-let to you (alone), you have a sole right of use. If there is no arrangement, in a multi-family building the garden is often a common area that all tenants may use. What matters is what the contract says.
Do I as a tenant have to maintain the garden?
Only if that is validly agreed in the lease, and then usually only simple upkeep such as mowing, weeding, or removing leaves. Extensive work (e.g. tree pruning, large-scale hedge trimming) remains in principle the landlord's responsibility.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.