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I am a tenant of a house for residential use which includes a small garden. My neighbor asks me to cut or have cut the branches of the tree that overhang his land. My landlord refuses to cover these costs while I have seen on the internet that it is the owner’s responsibility.
As part of a rental for main residential use, is the pruning of trees in a private garden the responsibility of the owner?
Contrary to what is frequently mentioned on the internet, tree pruning is part of rental repairs and is the responsibility of the tenant.
Indeed, under Article 671 of the Civil Code, “It is only allowed to have trees [… ] near the boundary of the neighboring property at the distance prescribed by the regulations [. ]. »
Paragraph 1 of Article 673 of the Civil Code provides that :
“The one on whose property the branches of the neighbor’s trees, shrubs and shrubs advance can force the neighbor to cut them down. […] »
In a judgment of February 5, 2014, the Court of Cassation considered that “the action based on articles 671 and following of the civil code could not prosper” against the tenant.
/! Many people deduced from this judgment that the tenant did not have to prune the trees, that the pruning and cutting were the responsibility of the owner. This analysis is too fast.
In reality, this judgment only means that the neighbor’s action must be directed against the owner and not the tenant neighbor.
This does not mean that these pruning works are the responsibility of the owner.
Indeed, in terms of residential leases subject to the law of 1989, the tenant is required to take charge of the current maintenance of the housing, the equipment mentioned in the contract and minor repairs as well as all rental repairs defined by Decree n ° 87-712 of 1987.
However, the annex to the aforementioned Decree n ° 87-712 of 1987 expressly provides in the list of repairs having the character of rental repairs the pruning of trees :
“I. – External parts of which the tenant has the exclusive use.
a) Private gardens :
[… ]; pruning, pruning, weeding of trees and shrubs; [… ]”
A confusion is frequent with the decree n ° 87-713 of 1987 which defines, in a limiting way, the recoverable loads among which do not include the pruning of trees but only the :
“[… ] Cutting, weeding, weeding, raking, cleaning and watering operations concerning :
– driveways, parking areas and surroundings ;
– green spaces (lawns, beds, shrubs, hedges, flower beds); [… ] “.
Also, when trees are in the common areas of a condominium, it is the co-owners who finance the pruning and not the tenants.
On the other hand, as explained above, the tenant must take responsibility for pruning the trees when they are of private use and enjoyment for him.
The lessor has the possibility to give formal notice to the tenant to prune the trees. He can then request the termination of the lease for non-compliance with his obligations by the tenant.
Most of the articles on this topic misinterpreted the judgment of the Court of Cassation.
However, you can usefully refer to the article published on the site SeLoger. com which is very well documented and which reminds, in an educational way, the distinction between private gardens and those in co-ownership.
Legal sources :
Cutting and pruning of trees. pdf 146.23 KB
Hello, When the property belongs to a single owner (house composed of several apartments) and the garden is shared between the tenants, what about it? Thank you for your response.
Dear Madam, The costs of pruning a tree located in a garden of which the tenant does not have exclusive use do not constitute recoverable expenses (decree n ° 87-713 of 1987) by the owner (or the co-owners). These costs remain the responsibility of the owner (or co-owners). Nevertheless, your situation requires additional research. In particular, it is necessary to analyze the lease to determine if the fate of the garden is indeed governed by the aforementioned provisions. I invite you, if necessary, to request a consultation. Best regards
Hello, We are EXACTLY in the same configuration: Tenants of an accommodation located in a house, Which is divided into several apartments; each occupant can access the common pleasure garden; no area is private / privatized / privatizable
Can you clarify the “additional research” to be considered? In particular, the notion of “determining whether the fate of the garden is indeed governed by the aforementioned provisions”; what should the lease mention? On ours, the subject is summarized in 1 line: “shared common pleasure garden”
The situation seems all the more surprising to me, since I have always heard that the maintenance of large trees of several decades old was the responsibility of the lessors / owners
Thank you for your attention and your help Wishing you a nice week
Hello I am a tenant and I have tuilliat hedges that have taken the disease what should I do thank you
I’m a tenant. The neighbor’s trees glued to the fence are at least 8 meters high. I contacted my landlord asking him to contact my neighbor to cut them and she replied that it was up to me to contact the neighbor. I find this a very annoying situation because I moved here only six months ago. I would have thought that it was up to the owner to contact the neighbor, am I right?
Hello, we have been renting a house with a garden since February. The garden was not maintained before our arrival and trees (glued to the neighbor’s fence and easily 10m high) overflow at our neighbor’s house. Our neighbor tells us that he has already contacted our landlord about it but that the latter is turning a deaf ear. Who should pay in this specific case? Thanks
Dear Madam, it is preferable to exchange by private message. Remaining at your disposal, Best regards,
Hello Tenant of a house with a garden, when I arrived the garden was wasteland, tree more than 8m high and shrubs more than 4m. The owner wants me to pay for pruning and pruning hedges, while the former tenant lived there for 10 years, without maintaining the garden. What to do?
HELLO, MY DAUGHTER RENTS A HOUSE ADJOINING THAT OF HER OWNER. THE LATTER COMES TO ASK HIM FOR THE SUM (in black) OF € 1200 for the pruning of the hedge bordering the property (without proof) saying that this is the share that falls to him. In the past she paid (every 2 years). This amount requested seems prohibitive and illegal. moreover, the owner refuses all work and maintenance of the house, charges that would be his responsibility, has removed the telephone line at the entrance to the premises (for his alarm), refuses that the camper is parked on the land that is part of the rental. This man is temperamental, my daughter and her companion fear him. I’m telling my daughter to refuse to pay. What can she do? especially since there are many abuses and Leonine demands. Thanks
Dear Madam, Thank you for your message. Your daughter’s home insurance contract may contain legal protection. If necessary, I invite you to contact them. They will answer your questions, guide you or take the necessary steps. You can also request a consultation online. I am naturally at your disposal for any clarification, in particular by email (ac@coste-avocat. com ) Best regards,
Hello in my garden I have 3 huge cherry hazel tree the worry is that it hides all my visibility from the garden because the branches are huge and everything falls off. having a 1-year-old baby, I find his dqngeureu I live in a social housing “house and city” who is in charge of felling The tree The tree is so imposing that its 3 if mixed between them. branch . thank you in advance
Hello, I am a tenant in a detached house. I currently have a tree infested by processionary caterpillars, as in the whole village. In view of the very violent stinging reactions that this implies on my children and myself, it is necessary to treat the tree and cut it down. Is it the responsibility of the tenant or the owner to carry out the work on this tree?
What is the VAT rate applied by a company to carry out the pruning of a very large classified tree?
Dear Madam, In general, this is the normal rate (20%). However, this principle must be nuanced. The work of a dwelling can benefit, depending on the case, from the intermediate rate (maintenance work) or the reduced rate (renovation work). Also, pruning works when they are necessary for housing maintenance work are no longer considered, fiscally, as green space maintenance services (VAT 20%) but as housing maintenance work (VAT 10%). However, this possibility is very limited.
In summary: Principle: Normal rate (20%) for green space maintenance services, in particular pruning.
Temperaments: Rate 10% 1. In the case of a dwelling completed for more than 2 years, if the pruning service is the necessary prerequisite for maintenance work ;
2. if the pruning service is necessary to carry out urgent maintenance work in the residential premises to maintain or restore the housing to normal habitability regardless of the age of the premises. /! \ the work of felling, cutting, pruning and removal of trees located in the green areas adjacent to the dwellings such as gardens and garden paths that do not fall within the scope of the work related to the residential premises are subject to the normal rate (20%). In fact, the term “works” is misused for the maintenance services of green spaces, which refers, erroneously, to the “works” of a dwelling. However, this possibility is only admitted in a restrictive way.
By way of clarification, here is the list of rates applicable to outdoor work, among which pruning is not included: http://bofip. impots. gouv. fr/bofip/1735-PGP. html
Sources: Article 279-0 bis CGI; Rescript RES N° 2009/10 (TCA) of February 24, 2009 BOI-TVA-LIQ-30-20-90-30-20140919 : available on http://bofip. impots. gouv. fr/bofip/1733-PGP. html#1733-PGP_280_0104
If you have any doubts about your situation, it is possible to ask the Tax administration to take a position by requesting a rescript. Remaining at your disposal, Best regards,
Hello, is it also the responsibility of the tenant, to prune trees, when it comes to housing belonging to the municipality. This accommodation is glued to the Town Hall of the village and it is they who have been pruning the trees until now (for 3 and a half years) because they want the 2 houses surrounding the town hall to be the same aesthetics. Following a conflict because of various problems in the house (. ) they quote me the pruning of trees as a service and now demand that I take care of it. It is a housing, more or less social (I am a single mother at the RSA), and this maintenance requires a certain investment (adapted ladder and size tools that I obviously am not) and a certain know-how that I do not have, in addition I am dizzy. In short, I just wanted to make sure that they can actually demand it because this request is just due to an attempt on their part to turn the situation against me to hide the number of housing worries that they refuse to face. Thank you in advance for your understanding and attention, Master. Heartily.
Dear Madam, Thank you for your message. Your situation is special and would require the analysis of your rental agreement and research to find out if the provisions set out above apply and if so, if the Town Hall can force you to maintain these trees during the lease or only when you leave. Your home insurance contract may contain legal protection. If necessary, I invite you to contact your insurer who may be able to answer your question directly and tell you if your Landlord can terminate your lease for this reason. You can also request a consultation online. I am naturally at your disposal for any clarification, in particular by email (ac@coste-avocat. com ). Kind regards,
Thank you very much for your answer. Yes indeed according to ADIL, this maintenance is at my expense. But hey, we have an appointment with the Mayor and we’ll see how to handle all the problems, including this new one. Thanks again.
Good morning. I have just moved (April) into a t3 which is located in the heart of the city and in a private residence. There is a green area of 4m2 where an adult tree is located as high as this apartment. A few months later (June or early July), my neighbor informs me of the arrival of a landlord manager for a reminder about this tree. I am asked to maintain a tree less than 3 meters from my t3 and less than 3 meters from that of my neighbor on the right (her front door) and 40 cm from the separation. It is as high as the roof.
I don’t understand why I would be forced to do the work of the former tenant and at my own expense. I contacted my landlord by email who gives me the only answer. I invite you to re-read your lease, which is your responsibility to maintain this tree that is on your green space. He did not retain the fact that it was up to the former tenants to do it nor that the deposit should have been used for its pruning or simply its felling. He is much too close to the apartments, he could cause damage to them in the event of a big storm. Less than 1.5 meters away is a wooden portico which is the (private) car parking space. The work in such circumstances will cost an arm without counting, with the goodwill of all to evacuate the cars. (the misery of finding a place with the blue zones limited to 30 minutes)
In view of this information, who is responsible for the costs for this tree, the landlord who will then ask the court for a refund, the landlord because he should have done it before the rental because dangerous for the homes and the parking porch, or me who inherits all these problems when I have nothing to do with it? I am a disabled person and my small pension is not enough for me to treat myself properly. The landlord in his response acknowledged knowing this but does not take it into account.
Thank you for your response dear master JR
Dear sir, Thank you for your message. Your home insurance contract may contain legal protection. If necessary, I invite you to contact them. They will answer your questions and take the necessary steps. You can also request a consultation online. I am naturally at your disposal for any clarification, in particular by email (ac@coste-avocat. com ) Best regards,