If a wasp nest has settled in the garden, this can already become a danger. But if it is in the living space, tenants usually want a quick fix. If an exterminator/pest exterminator has to be called to remove it, it can be an expensive experience. This raises the question of whether the landlord or the tenant has to bear the costs.

tenancy law

Who bears the costs?

When it comes to the obligation to bear the costs of pest control, a distinction is made between regular expenses and one-off measures.
Regular pest control includes both preventive measures and control of regularly recurring pest infestations, such as ant accumulations. According to Section 27 of the Calculation Costs Ordinance, the landlord can apportion the cost accounting to the tenants. This is usually done with the utility bill.
A wasp nest, on the other hand, usually falls under a one-off, non-recurring situation, as does a rat or cockroach infestation. The landlord has to bear the bill for the removal if certain conditions are met and no misconduct can be proven on the part of the tenant. (Judgement: Federal Court of Justice of December 17, 2008, reference number: VIII ZR 92/08)

landlord

requirement

  • The tenant must inform the landlord immediately after discovering a wasp nest
  • No (joint) guilt/benefit from building a wasp's nest can be proven to a tenant party
  • The wasp nest is an acute threat to tenants, or will be as it grows
  • If a health hazard cannot be averted by securing/ delimiting/ fencing
  • If the rental property cannot be used to its full extent (often the case with nest building on balconies)
  • The costs are within a reasonable range based on the effort/risk

Misconduct by Tenants

obligation to report

The tenant owns one against the landlord immediate reporting obligation, if he is held financially responsible. If this obligation is not complied with, the costs for removal can be charged to the tenants. A breach of duty occurs when tenants were aware of the nest but only reported it when it became a threat, for example due to its increasing size. The bigger becomes a wasp nest the higher will the costs for removal/fighting. In this case, the landlord of the house or apartment can demand that the tenant of the house or apartment concerned bear the full cost or at least share the costs.

complicity or self-blame

If tenants are accused of contributory or personal responsibility that favored or enabled the building of a wasp's nest, house and apartment owners are released from the obligation to pay. The difficulty here lies in the burden of proof on the part of landlords, who have to prove that the tenants concerned are partly or entirely at fault. This turns out to be problematic in most cases.

Complicity exists, for example, if the wasps built a nest in a defective roller shutter box, which the tenant concerned was obliged to repair. Roller shutter boxes are favorite places for wasps, so nest building can easily be prevented with a tight closure. However, even here, contributory or personal responsibility can only be proven if it is known that the building of the nest was outside the period in which the tenant concerned should have carried out the repairs. Correspondence about the roller shutter damage or repairs and/or pictures with the date could be sufficient here as evidence in connection with knowledge of the nest.

Wasp nest on a window corner
No possible access

As a rule, a deadline of mostly two weeks granted for combating/removal. For this purpose, the homeowner or pest controller must be granted access during regular working hours. If the situation requires an emergency response, access may also be required at other times or on Sundays and public holidays. Tenants are obliged to grant and enable this access. If they cannot be found themselves due to working hours or other appointments that cannot be rescheduled, they are obliged to ensure that access is possible in some other way - for example, ask a neighbor to open the door or even take a day off from work.

Emergency exterminator order

If there is an emergency that does not allow or does not make it possible to inform the landlord beforehand, tenants in the house and apartment can order the exterminator or the fire brigade to remove a wasp nest without the landlord’s consent. The landlord has to pay the bill in this case as well (judgment by the district court of Würzburg - file number: 13 C 2751/13)

However, only certain circumstances are considered an emergency and additional requirements must be met if landlords are to be billed for the costs:

  • Acute and unavoidable health threats to people at risk such as children, allergy sufferers, the sick and the elderly
  • Affected/endangered persons must belong to the rental party - visits are not included
  • Exception: temporary overnight guests who cannot/do not want to stay at home for an important reason

No emergency

While some event or circumstance may seem important to affected individuals, it does not necessarily result in an emergency situation where an exterminator or fire department could be called in to remove wasp nests at landlord expense. This includes, for example, everything that is not absolutely necessary until an exterminator arrives, is based on unfounded fear or if the situation can be changed for the better, such as:

  • Planned barbecue evening on the balcony, which cannot take place due to a wasp nest
  • Threat to visitors from the wasps (visitors do not have to be there voluntarily)
  • Fear of a wasp nest at a safe distance
  • It is possible to secure the area surrounding the wasp nest
  • The wasp's nest does not allow the use of washing machines or the like

Beware of repeated wasp nest constructions

If the removal of wasp nests is carried out professionally, a special spray used, which prevents a new building. If this is not used, any building debris left behind can attract wasps again and encourage them to build their nests again. Landlords do not have the right to impose costs on the tenants concerned, although it is often argued that a recurring event has occurred and that costs could therefore be apportioned.

are shop, house and apartment landlords responsible for the professional removal of wasp nests, which also includes a preventive measure to prevent a new build.
It is also one of the landlord's obligations to remove any damage to the facade that encourages wasps' nests to build on and in rental properties. If this is not done, the obligation to pay for a renewed removal of wasp nests lies with the landlord.

invoicing

Tenancy law factors and reasons for a desired/necessary removal or relocation are irrelevant for the commissioned exterminator. He practices his profession and earns his money with this activity. It is important for him to whom he can issue his invoice. This is always the client, because his job does not include finding out about the payment obligations of landlords and tenants. For this reason, the customer is always in the foreground as the person liable to pay. If the order is placed by the tenant concerned, he is responsible for paying the invoice. Of course, he can pass the bill on to his landlord and ask for payment.

Landlord does not reimburse costs

If this does not meet the reimbursement of the removal costs according to § 536 a paragraph 2 no. 2 of the German Civil Code (BGB), the tenant should make the payment in order to avoid a reminder procedure. At least one letter must then be sent to the landlord of the house or apartment or to the property management company with a request for reimbursement and a deadline. If this is also ignored and/or the obligation to pay is rejected, only legal action will lead to a reimbursement of costs. the Tenant Protection Association can provide detailed information on the possible course of action and can help with its own legal department.

tip: For this reason, it is always advantageous if the landlord of the house or apartment hires an exterminator. In this way, the invoice automatically goes to them and they become the person responsible for payment.

rent reduction

A failed wasp nest removal is similar to a lack of rent to handle.
In the case of landlords who do not arrange for the removal of a wasp nest quickly or generally not in a reasonable time in accordance with the danger, tenants should remind them once again because they will assume the costs and ideally request in writing that the nest be removed by a specified deadline. If this also remains unnoticed, a rent reduction from up to 20 percent be made.
In emergencies and when there is an acute threat, tenants cannot avoid taking action themselves. In the final instance, the court decides whether the landlord will then assume the costs for the wasp nest removal if he is not willing to do so voluntarily (see also the section "Landlord does not reimburse costs").

Use unreasonable

If, for example, a poison has been used improperly to kill wasps in the rented living space and use of the rented property is unreasonable, a rent reduction of up to 100 percent is possible. (Judgment of the district court of Aachen of December 3, 1988, file number 80 C 569/97)

tip: In the event of an emergency, you can call the local fire brigade if there is an acute health risk and no exterminator can be on site in a timely manner.

notice: Plantopedia does not provide legal advice. We only report judgments. In specific cases, please always contact a lawyer who can give you binding advice.

Category:

Animals in the garden