looking for legal advice regarding shared garden with other tenants

6 posts in this topic

A bit of background.. we have one neighbor who has complained off and on about us in various emails to our landllord over the past three years. From trash disposal to other menial things, but nothing too serious in my book. Some things, sure were our fault. Most of stuff we get blamed for because we are foreigners. This other "tenant" literally has nothing better to do with her time then search for things she believes we have "done incorrectly" and report them. All while she does not follow house rules either and takes her bike everyday through the main stairs (this was an email complaint our landlord received about us not too long after we moved in. We just didn't know we couldn't, so we immediately stopped afterwards), screams/loudly talks with her teenage daughter in the hallways between 9-10pm atleast 3 nights per week. I have two boys 7 & 2. Those are just a couple of things, I could go on.

 

The most recent landlord email this morning stated however that "The co-owners have also complained about your boy playing soccer in the yard with other kids and ruining the lawn. They demand payment for a new lawn. If they insist and the management company confirms that they have legal grounds I will have to ask you to pay for this".

 

1. I didn't know that we weren't allowed to use a shared garden space that consists of weeds and overgrown trees.

2. I can count on one hand, with two fingers that amount of "times my boy has played soccer in the yard with other kids". He's had one play date this year where they played in the garden weeds for 25 minutes. ONE play date.

3. Since when does playing soccer ruin grass? are children not allowed to play with a ball? It doesn't state that anywhere in the "house rules".

 

We are sick, frankly of the harassment from our landlord and the fact that the other owners are complaining and want us to replace the weeds in a garden space they NEVER use, ever, because they think its ruined by a 7 year old is absolute ludicrous.

 

We want to consult a lawyer in regards to our rights and find out how to handle this situation. Our landlord never responds to us, never defends us, doesn't even live in the country and always believes whatever email she receives. It is useless to deal with her directly anymore. Now since we are being accused of ruining the "grass" or lack thereof, its more of a serous issue that we will not be responsible or blamed for.

 

Any advice on what type of lawyer to attain or a good way of handling this would be appreciated and thank you for reading :)

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@PandaMunich, You are so right.. I just wish that we would have joined three years ago. We leave in February of next year, but it might just pay for itself just to be able to have them deal with it. Thank you for the link!

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I second Panda.  Join the Mieterverein and let them help you deal with this.

 

Also take loads of photos and have friends join you on investigation trips through the garden.  If the lady is a bit crazy to prove her point, she might decide to damage the lawn / weeds herself and blame it on your son so your photo's and witnesses would prove that there are no damages at present.

 

Also, legally I am not so sure you have to pay for damages your son makes.  He's 7 so he's allowed to play outside without constant supervision in which case they cannot say you did not supervise him.  If you have haftpflicht insurance, you can also tell whoever, talk to my haftpflicht, if they don't want to pay, it's not my fault or my problem.

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Thank you Leon for your input. This just seems so absurd to me to even be having this conversation with anyone at all. Maybe the other tenants/landlords should question the hausmeister/gardener we all pay for in regards to why the lawn maintenance has not been happening and looks awful. My husband took pictures early this morning and I went around with a video. We have multiple friends here and family members- from America while here on holiday, comment on how sad the garden looks in all seasons of the year, not just the summer! I feel like they have no leg to stand on, that's why I am out to prove it :)

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Maybe the other owners think they have found some chumps to pay for their new garden they have neglected for the past few years.  All the more reason to let the mieterverein deal with them.  

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