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(42)| (193)Doubts about the correctness of the utility bill? The most common billing mistakes landlords make and how tenants should respond.
Contents overview
What is the service charge statement?
Operating costs - also known colloquially as additional costs - are the costs incurred by the landlord through the ownership, maintenance and management of his property. They can be partially passed on to the tenant. The landlord can therefore recover the costs from the tenant. He can do this in two ways: via a flat rate for operating costs or advance payments for operating costs.
Operating costs flat rate
If the landlord demands a flat rate for operating costs, the tenant pays the additional costs every year via a previously agreed flat rate. There is no annual ancillary cost statement.
Operating cost prepayment
An advance payment for operating costs is agreed much more frequently in the rental agreement. This is a monthly amount that is added to the so-called cold rent. With the annual service charge statement, the prepayments made are checked and the tenant may receive an additional payment or a refund.
How can the ancillary cost statement be checked?
When creating the ancillary cost statement, landlords often make mistakes, so a check is worthwhile. Because otherwise it can quickly happen that tenants pay too much - sometimes in the three-digit euro range.
Verifying utility bills is quite complex. It is therefore worth getting help from a professional.
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The most common errors in a service charge statement
A service charge statement can contain various errors. There are errors in content and form that have different consequences. These are the most common mistakes:
The 11 most common errors in the service charge statement
Error 1: Operating costs may not be billed at allError 2: The service charge statement is not comprehensibleError 3: The service charge statement is incompleteError 4: The service charge statement is too lateError 5: The billing period is wrongError 6: The utility bill contains incorrect itemsError 7: Wrong distribution key usedError 8: Heating costs were incorrectly billedError 9: Vacancies are allocated to tenantsError 10: Commercial premises are includedError 11: Landlord disregards the principle of profitability
Error 1: Operating costs were not agreed in the rental agreement
In order for the landlord to be able to pass on the additional costs incurred to the tenant, this must have been validly agreed in the rental agreement.
If this is not the case, the tenant only has to pay for the heating and hot water costs, the other costs are covered by the cold rent, explains Jens Hermann, specialist lawyer for tenancy law in Nuremberg.
Error 2: The utility bill is incomplete
In order for the utility bill to be valid, it must be complete. The following information must be included:
The tenant must be able to fully control the utility bill. If this is not the case, the billing is incorrect.
Error 3: The service charge statement is not comprehensible
A service charge statement should be formulated in such a way that it is comprehensible and the tenant can easily check it. The following cost items must be clearly visible:
The tenant can use this information to easily check the ancillary cost statement: he can check whether his share of the respective ancillary costs is correct and thus also the sum of all ancillary costs.
The tenant should also look at the rental agreement again: The ancillary costs can only be apportioned to him according to the allocation key, also known as the distribution key, which was agreed therein. If nothing is specified in the rental agreement, the ancillary costs must be distributed according to the living space.
Any incomprehensible cost item is usually invalid. The tenant does not have to pay individual ancillary costs that he cannot check himself. This also applies if individual details are incomprehensible, such as the distribution key "Allocation by square meter of living space*month" (BGH Az.: VIII ZR 84/07).
Error 4: The utility bill is too late
The deadline for the utility bill is laid down in the German Civil Code (Bürgerliches Gesetzbuch: BGB): The tenant should receive the utility bill no later than twelve months after the end of the billing period (§ 556, Para 3 BGB).
It depends on whether the tenant has to pay attention to the utility bill at all, because: He usually does not have to pay a late claim.
In contrast, the tenant is still entitled to a repayment despite late billing. Jens Hermann, specialist lawyer for tenancy law in Nuremberg, says: “The tenant has the right to receive a statement. If he can count on a refund, he should ask for it."
An example: If the ancillary costs are billed for the calendar year 2020, i.e. from January 1st, 2020 to December 31st, 2020, the invoice must reach the tenant by December 31st, 2021 at the latest. If it comes later, it is usually ineffective. The tenant would therefore not have to comply with a request for additional payment; a possible credit, because he has paid too much in advance, remains despite incorrect billing.
The landlord must settle the operating costs with his tenant within the one-year period even if he has not yet received the annual statement for the house. Because: The annual statement of the apartment owners is not the basis for the utility bill for the tenants. If the one-year period has expired, the landlord can only claim additional operating costs if he has not caused the delay in the annual statement either intentionally or negligently. However, he must be able to present evidence for this (BGH Az.: VIII ZR 249/15).
AttentionThen a late additional claim is possible
If the landlord is not responsible for the fact that the additional claim comes too late, the tenant still has to pay it. For example, if the electricity provider is late in submitting a higher electricity bill.
But: "It's the fault of the post office" doesn't apply. If the ancillary cost statement was sent to the post office in good time, but arrives too late at the tenant, it is still invalid. Because the post office is considered to be a vicarious agent of the landlord because he has commissioned it to deliver the bill. He must answer for the misconduct of the post office (§ 278 BGB/ BGH VIII ZR 107/08).
Error 5: The accounting period is incorrect
As a rule, the accounting period must cover twelve months in order to be valid (§ 556, Para. 3 BGB). Specialist lawyer Jens Hermann explains: "If the landlord calculates a period longer than twelve months, this is a formal error." Such an error renders the utility bill invalid.
Exception: shorter billing period. According to Hermann, a shorter billing period could be possible if billing is based on the calendar year. For example, if a tenant does not move in until August: The billing period then extends from August 1st to December 31st.
Error 6: The statement contains incorrect items
If the rental agreement states that the tenant bears "the operating costs" or "all operating costs", all common apportionable additional costs according to the Ordinance on Operating Costs (BetrKV) apply as agreed ( BGH, Az.: VIII ZR 137/15).
Operating costs that count as "other" must be explicitly named. If only individual costs are listed in the rental agreement, for example lighting costs, garbage disposal and building cleaning, then the tenant only has to pay these. The ancillary cost statement must not be a conglomerate of any costs that have been billed.
Expert tip"Other ancillary costs" must not be a sham
The tenant is rightly suspicious when "Other ancillary costs" appear in the ancillary cost statement. Rental lawyer Jens Hermann says: "The landlord cannot simply fill in any cost items in this word." Such costs, for example for regular cleaning of the gutter, must be specifically named in the rental agreement and in the utility bill. If only “other additional costs” are included in the bill, Hermann advises: “The tenant can cancel these costs.”
In principle, only apportionable ancillary costs may be agreed: Many cost items can be apportioned to the tenant, from property tax and waste disposal fees to central heating. But the tenant does not have to put up with all ancillary costs: he does not have to bear the costs for necessary repairs or the administrative work of the landlord.
Error 7: An incorrect distribution key was used
The landlord is quite free to choose the distribution key for the various cost items. It is important that the tenant can see which distribution key – also known as the allocation key – is used for billing.
However, the legislator stipulates that the so-called warm operating costs - these are the costs for heating and warm water - usually have to be billed according to consumption. If the landlord does not calculate the heating costs according to consumption, this is wrong.
The only exception to this is rental apartments in two-family houses if the landlord himself lives in the second apartment. In this case, the heating costs can also be settled as a lump sum.
Error 8: Heating costs were billed incorrectly
The legislature uses the Heating Costs Ordinance (HeizkostenV) to determine how the heating costs must be distributed. Therefore, the tenant should take a particularly close look at how his share was calculated.
As a rule, at least 50 and at most 70 percent of the heating costs must be billed according to consumption. In many older or poorly insulated apartment buildings, 70 percent of consumption is the norm. The rest of the heating costs are distributed according to living space (§ 7 HeizkostenV). If the landlord has distributed the heating costs differently, the tenant can reduce the required heating costs by 15 percent (Section 12 of the Heating Costs Ordinance).
Error 9: Vacancies are passed on to tenants
If an apartment in the building is vacant for a certain period of time, the landlord has to bear the costs himself and cannot pass them on to the remaining tenants. The vacant apartments must be included in the total costs. If a different number of square meters appears in the bill compared to the previous year, this is an indication that the landlord only billed the rented apartments in order to save costs. But tenants don't have to accept that.
Error 10: Costs for commercial premises are included
If there are both residential and commercial premises in a building, i.e. there is a so-called mixed use, tenants of residential premises may not be charged with costs that are caused by commercial use arise. For example, landlords may pass administrative costs on to commercial tenants, but not to residential tenants. Therefore, two separate accounts are often created.
In the case of publicly subsidized living space, the so-called advance deduction is required by law (§20 Para. 2 Sentence 2 New Rent Ordinance). The advance deduction is intended to prevent tenants from being burdened with costs that are incurred solely or to a very large extent by commercial users.
Error 11: Landlord disregards the principle of profitability
The tenant can check whether the individual costs of the utility bill are too high. Because the principle of economic efficiency applies to the ancillary costs - the landlord must take into account an appropriate cost-benefit ratio for measures and decisions that influence the tenant's ancillary costs (§ 556, Para. 3 BGB).
A hefty additional demand in the utility bill often causes resentment. But the basic rule is: Tenants usually have to pay high additional claims (BGH VIII ZR 195/03).
If a tenant finds individual ancillary costs too expensive, he must be able to prove this. In the case of garden maintenance, building cleaning or caretaker services, specialist lawyer Jens Hermann advises: “The tenant can ask other companies and get cost proposals.”
What can I do if my utility bill is incorrect?
If a tenant has doubts about the correctness of the utility bill, he should proceed as follows:
- View the receipt
- Object to the utility bill
If the tenant is certain that he has discovered an error, he can also skip step 1 and lodge an objection immediately .
Step 1: Inspect the receipt
If the tenant has doubts about one or more cost items, he should contact his landlord and request an inspection of the receipt - this should preferably be done in writing.
Landlords are obliged to present original receipts to the tenant upon request. But beware: the tenant can only request copies in special cases. Only if a tenant cannot come by to inspect the receipt can he request copies. Specialist lawyer Jens Hermann explains: “For example, if a tenant lives in Munich, but his property management is in Berlin.” However, the tenant has to pay the cost of the copies himself.
Expert TipTake photos of the receipts. According to tenancy law expert Jens Hermann, the tenant cannot request copies of the receipts to show their lawyer. He advises: “Take your smartphone or mobile phone with you to view the receipts and take photos of the receipts.”
If it is necessary to check the bill, tenants may also view the individual consumption data of their fellow tenants (BGH, Az.: VIII ZR 189/17).
What can I do if my landlord refuses to inspect the receipt?
If the landlord refuses to inspect the receipt even after repeated requests, the tenant has a so-called right of retention (§273 BGB). This means that he does not have to pay the requested additional payment. Under certain circumstances, he can even stop future payments of the operating costs advance (BGH, Az.: VIII ZR 38/11 GE 2012, 825).
In the worst case, the tenant can sue for inspection of the receipts in court.
According to current case law, the inspection of documents is then considered refused:
Step 2: Object to the service charge statement
Anyone who receives their service charge statement should check it as soon as possible in order to be able to file an objection in good time if there is an error. The tenant has twelve months after receipt to do so. As a rule, no objection is possible later (§ 556, paragraph 3, sentence 5 BGB).
An objection is still possible if the tenant has already paid an additional claim, because his claim for reimbursement still exists (BGH Az.: VIII ZR 269/09).
In the event of an additional claim that is too high due to a mistake, the tenant should act quickly. Because: The tenant must settle an additional claim within 30 days, otherwise he will be in arrears with his payment (§ 286 BGB). He has two options for this:
- Objection and payment subject to reclaim: Within 30 days after receiving the service charge statement, the tenant objects and points out the error. He also writes in it that he reserves the right to demand his payment back and will pay the full amount of the additional claim.
- Objection and partial payment: Jens Hermann recommends this approach. In the event of a clear error, the renter only pays the portion that is entitled and files an objection within the 30-day period. The tenancy law expert says: "If the tenant is right with his objection, he does not have to chase after the landlord because of too much money paid."
The tenant should write and justify his objection. He should also be able to prove that the landlord received the objection in good time. In the event of a personal handover, according to Hermann, he should therefore take a witness with him. Or he can have a receipt issued by the landlord when the objection is handed over.
The objection can be followed by an improvement - the tenant only has to tolerate this within a limited period of time. As with the billing period, the tenant must have received a correction within twelve months of receipt of the ancillary cost bill (Section 556, Paragraph 3 of the German Civil Code). If a corrected request from the landlord ends up in the mailbox after the end of the billing period, it is usually invalid.
If the tenant sees a mistake where the landlord doesn't see one, a dispute can quickly arise. If in doubt, tenants should therefore seek the advice of a legal expert in good time, from a specialist lawyer or from the tenants' association.
What are the periods and deadlines for the billing of additional costs?
•Billing period for additional costs: in the calendar year from 01.01. to 31.12 of a year • The lessor's billing period: 1.01. until December 31 of the following year • Objection period of the tenant: 1 year from receipt of the utility bill • Statute of limitations: 3 years after the end of the billing period
Caroline Schiko09.12.2021Your opinion counts
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Ursel on 01/10/2022 19:36
Hello, since 2013 I have been living in a 3 party apartment building...NK is ALWAYS late...now NK for 2020 and 2021 (not there yet)! I also always wanted to have the bills for this...I am always refused...can my landlord refuse this?
reply to commentPenthouseon 07.01.2022 09:37
Good morning,
We have received an ancillary cost statement from 2020 and should pay by 01/20/22.
Apart from the fact that our landlord rents a basement apartment that is not a granny flat. They also use our garbage can.
In addition, not a single radiator has a reader.
reply to commentPenthouseon 07.01.2022 09:37
Good morning,
We have received an ancillary cost statement from 2020 and should pay by 01/20/22.
Apart from the fact that our landlord rents a basement apartment that is not a granny flat. They also use our garbage can.
In addition, not a single radiator has a reader.
reply to commentArk on 07.12.2021 18:22
Join the tenants' association with you penny pinchers, it's worth it ;)
reply to commentUmar on 09/30/2021 00:02
Hello immodelt,
In my utility bill since 2015 until last year, the advance payments actually made are not correct, so €51.60 is missing in each accessory bill
Z. E.g. 200€x12=2400€ (should), 2348.40€ (actual). In my view, that's not correct, is it?
Best regards
reply to commentDILU on 29.09.2021 11:11
Hello real estate,
I have lodged an objection to the utility bill with the landlord, what the
Concerns garden maintenance costs. These increased by 38.5%. the landlord has in his
Answer etc. the increase justified with increased employee wages. May increased wages
be passed on to the additional costs? I have as a former service provider for a large
Automakers tended to experience the opposite. We had to renegotiate service provider contracts
More likely to give percentages
reply to commentICHDUS on 09/28/2021 20:15
My "new" landlord (04/2019) added the item "hallway cleaning" to the ancillary costs, although with the old landlord the hallway cleaning was regulated by the rents every 2 weeks. The new landlord had NOT informed us tenants about it, so I cleaned my hallway every 2 weeks. He cannot or does not want to present any receipts for the stairwell cleaning, but expects them to be paid for? Am I possibly promoting undeclared work indirectly because the new homeowner has "employed" a tenant of the house without any evidence?
reply to commentkerstinhofmann38@gmail.comon 21.08.2021 20:07
Hello
All of our ancillary costs have allegedly increased. We have a change of owner and are now supposed to pay €1800 instead of €900 for the ancillary costs
reply to commenttopspin on 02.12.2021 17:45
I'm sorry to hear, incredible what's going on here
topspin on 02.12.2021 17:45
I'm sorry to hear, incredible what's going on here
Demel on 07/16/2021 11:46
All operating costs are calculated according to m 2 occupied. Is that right?
e.g. handyman services
declared under maintenance
And elevator monitoring
Note:
The information given is based on information provided by the service provider. The owner assumes no liability for the correctness.
Is this all legal?
reply to commentLiselotte on 12.07.2021 16:04
I am a subtenant in a commercial space for one day a week. My landlady, i.e. the main tenant, has now received two additional payments of over 1000 euros. One for this year, one for last year. Apart from the fact that this claim seems very high to us, my question is how my share is calculated. Do I have to participate?
reply to commentEva on 05/31/2021 10:58 am
Hello.
I received my utility bill from 06/01/2019 - 05/31/2020. In fact, I lived in the apartment 06/01/2019 - 08/31/2019.
I should pay €489.55 for the three months.
Is the deadline correct?
By the way, the costs seem much too high to me.
- the heating was not working at all.
- the water meters are not calibrated.
- although I paid €120 a month in advance, the costs are not listed.
What does the utility bill include?
Best regards
reply to commentMartin on 23.05.2021 22:33
Hello, I haven't received a statement since 2005. I assumed that my private landlord would submit this on his own.
Now he has sold the apartment and still insists on paying the last utility bills. I will also transfer this amount to him, but I am interested, can I actually still request the statements? Alternatively, can I request reimbursement of the ancillary costs for this period? (Would be 18,000 euros here)
What deadlines should you set?
reply to commentbea256on 07/17/2021 14:05
Since 2005?
"What are the periods and deadlines for the ancillary cost settlement?
Billing period for additional costs: in the calendar year from 01.01. until December 31st of a year
Landlord's settlement period: 01.01. until December 31 of the following year
Tenant's objection period: 1 year from receipt of the utility bill
Statute of limitations: 3 years after the end of the billing period"
If you have the ordinary Nk statement from last year in your hands, pay it, everything else is statute-barred.
Joe on 04/29/2021 07:27
Hello, I received a statement on April 21, 2021 in which the waste fees for 2019 were also settled. Is that in order?
reply to commentaxi on 30.03.2021 13:19
Hello, on March 20th, 2020 I received my utility bill for the period May 1st, 2018 to April 30th, 2019.
My question now is whether the billing was received late, because in my opinion the billing must be received by April 30th, 2020 at the latest. Thanks very much
reply to commentd.klimm@web.de on 24.03.2021 16:02
hello
pay twice as much for 8 months as for 12 months, reason according to the landlord the neighbor has moved out and that's why he had to make a statement because he can't calculate it otherwise.
e.g. Do I pay back 400 euros for additional costs? now the neighbor has moved out during the year (lived only 8 months there) the additional costs statement came for us with the amount of 800 euros ???? my consumption is also half less but the final amount is twice as much, how can this be?
Reply to commentHello,
Your landlord cannot even distribute the vacancy costs between you or other existing tenants. He has to pay for the vacancy himself, even if the billing is based on the person. So you don't have to pay this utility bill. However, we ask you to understand that we cannot provide you with legal advice, so please contact a specialist lawyer.
Best regards
immowelt editors
Putzfee007 on 03/24/2021 02:31
Hello, I have a question regarding cable charges. When I last billed, I saw that my landlord didn't include the cable charges in the utility bill. However, these are included in the rental agreement, so that they should actually be listed. I've looked through my utility bills for the last 5 years and these costs were also forgotten. How long can my landlord post-claim for Forgotten Cable Fees from the landlord?
Reply to commentHello cleaning fairy,
The landlord is entitled to payment of outstanding service charges for three years. However, he must assert this claim within a period of 12 months after the end of the billing period.
Best regards
immowelt editors
Ulrike Knopf on 07.03.2021 12:53
Hello
Do renters have to pay the hourly wage for repair costs of an elevator?
It concerns a house for disabled people with 6 apartments
MfG Ulrike Knopf
reply to commentMaya on 27.02.2021 10:16
I live in a rental complex. The elevator was completely out of order from November 1st, 2020 to about February 10th, 2021 (the system was replaced) and since the completion of the "construction work" it has been possible to operate it for a maximum of 2-3 days a week. I'm very busy and the elevator system was on Criterion for renting an apartment What can I do, can I reduce ancillary costs or claim them back?
Thank you for your support, greetings Maya
Reply to commentHello Maya,
In this case, you can certainly enforce a rent reduction and also reclaim rent for the period.
Best regards
Roland on 02/25/2021 08:28
Regarding the question from Michael Nehring v. 09/14/2020 the judgment of the BGH v. 08.04.2009, Az. VIII ZR 128/08:
A standard form of agreement in a residential tenancy agreement that charges a tenant a pro rata fee for an elevator that cannot reach their apartment because the elevator is in a different part of the building places the tenant at an unreasonable disadvantage.
In addition, repair costs may not be passed on. A so-called "full maintenance contract" includes repair costs at a flat rate, so that a deduction must be made from the maintenance costs (according to case law between 20% and 50%). So you have to have the contract presented to you.
Besides
reply to commentBeierRe on 24.02.2021 15:29
Hello dear world of real estate,
I have been living in a rented house privately since 2008. With the last utility bill, a house number suddenly appears that was not previously mentioned in any statement (here the lawn was mowed). Does the tenant have to accept these costs? (The house has only one entrance.)
Greetings to you
R. Beier
Reply to commentHello BeierRe,
In principle, the landlord can pass on the costs of garden maintenance to the tenants if the areas can be used by everyone.
Please understand that we cannot or may not provide any legal advice and, if in doubt, contact a specialist lawyer for tenancy law or a tenant protection association.
Best regards
immowelt editors
Roland on 02/25/2021 08:46
Often several buildings are accounted for as a so-called "business unit". That seems to be permissible in the present case because the building (parts) have a common entrance. However, it is also possible that this is another house that does not belong to the unit in which your apartment is located. This can be checked by comparing the previous year's accounts to see whether the total areas have remained the same and by comparing the invoices that need to be inspected.
Roland Berger
Phil on 02/12/2021 20:22
Hello. Our utility bill for a 135 sqm apartment has increased by €700 since last year! That's a lot for my health. One of the reasons for this is a reduction in the total sqm of the property from 752 to 529 in the calculation. What area counts towards the total living area of the property?
reply to commentRoland on 02/25/2021 08:01
The landlord is obliged to present the composition of the area, which he uses as the basis for the billing as a distribution key, in a mathematically comprehensible manner. You have to determine for yourself whether your living space corresponds to that specified in the statement. For this purpose, an amateur measurement is sufficient. See, inter alia, LG Cologne ZMR (Journal for Tenancy and Space Law) 2001, 621).
For the calculation of living space, the provisions of the WoFlV (living space ordinance) are decisive
Karin Look on 03.02.2021 17:35
Hello. My question: I received my utility bill for 4 months. Only live in the apartment for this period. Is that legal? LG
reply to commentRoland on 25.02.2021 08:53
The utility bill must always be drawn up over a year (12 months), whereby your period of residence within the billing period must then be calculated proportionately. If heating and hot water costs are not calculated according to consumption but according to so-called "degree day figures", you can reduce them by 15% (§ 12 Para. 1 Heating Costs Ordinance).
Greetings, Roland Berger
Karin Look on 02/03/2021 20:38
Addendum: I have 400 euros in advance and should pay 180 euros afterwards for 4 months
arichter on 25.01.2021 11:18
Hello, my tenancy ended on November 30th, 2020. Now I have received the utility bill. Everything was prorated for 11 months except for the garbage fee. 12 months were estimated for this. Is that correct or can I deduct the garbage fees for December 2020 from the additional payment???
I would be very grateful for a timely reply.
reply to commentTroglio72 on 03/13/2021 13:35
Hello arichter,
I would not pay at all at first, but would ask for a properly prepared NK statement.
Greetings Troglio72
immowelt editors on 01/25/2021 12:30 p.m
Hello arichter,
You only have to pay pro rata for the months that you actually had an existing tenancy. However, please understand that we cannot and may not provide legal advice. If in doubt, you should contact a specialist lawyer or a tenant protection association.
Best regards
the immowelt editorial team
Renate on 01/22/2021 07:51
Hello, I think our residential building insurance is too high, association for a 75 square meter single-family house alone used to pay 410 euros on residential building insurance, I would like to get offers from other insurance companies, how can I do that, so I am a tenant and live in a single-family house with 75 square meters
reply to commentRoland on 02/25/2021 09:03
Have a copy of the insurance contract (not just the insurance policy) detailing the risks covered. If you do not receive a copy, which the landlord is not obliged to do, you may copy the contract. You can make comparisons with other insurance companies, since almost all insurance companies publish their insurance conditions with insured risks on the Internet. The amount of the insurance premiums will be communicated to you by the insurance companies on request, I have already made such requests for clients several times. There have never been any problems here.
Greetings, Roland Berger
immowelt editors on 01/22/2021 07:55
Hello Renate,
We cannot advertise a company here. It is best to search the Internet for a provider who compares homeowners insurance. You should be able to find them quickly. Further information can be found here,ratgeber.immowelt.de/a/die-wohngebaeudeversicherung-schutz-vor-risks.html
Best regards
immowelt editors
Dani85 on 01/19/2021 08:22
Hello
My question is. From November 1st, 2019 to December 31st, 2019 we received an additional cost statement. And have to pay 480 € afterwards.
The apartment has 92 square meters 4 rooms. The additional costs in the rent each month are 160€
That's quite a lot for two months. That would be 800 € in two months additional costs.
Can someone help me?
reply to commentRoland on 02/25/2021 09:17
You may be charged for costs that may not be apportioned under the Operating Costs Ordinance. Since you, as a layman, will probably not be able to fully assess this, I recommend legal advice and representation. If the statement contains errors, the landlord must reimburse you for the lawyer's costs (OLG Düsseldorf, judgment of 07.12.2006, Az. 10 U 115/06 NZM 2007, 799; LG Berlin, judgment of 11.06.2014, Az. 65 p 233/13; AG Tempelhof-Kreuzberg, judgment of August 4th, 2010, Az. C 67/10; AG Emmendingen, judgment of November 2nd, 2017, Az. 7 C 275/17). However, the landlord does not have to reimburse the costs of a tenants' association (membership fee).
Greetings, Roland Berger
immowelt editors on 19.01.2021 15:36
Hello Dani85,
The best thing to do is to ask the landlord how this sum can come together. If that doesn't clear up, the Tenants' Association can help you.
Best regards
immowelt editors
Alisa on 07.01.2021 11:37
Hello, on December 28th, 2020 I received my utility bill for the period January 1st. - 30.09.2019 (moving out date) received. The rental agreement does not specify a deadline for submitting the operating and ancillary cost statements.
My question now is whether the statement was received late, as I think the statement should have reached me by September 30, 2002 at the latest. Thanks very much
reply to commentRoland on 02/25/2021 09:24
No, access was still on time if the operating cost statement for the entire building was drawn up for the period from January 1st, 2019 to December 31st, 2019 and your costs were calculated pro rata temporis. However, the billing could be incorrect in terms of content, e.g. if you were charged (e.g. in the heating and hot water bill) for interim meter readings and user changes, which is inadmissible according to the case law of the BGH.
Greetings, Roland Berger
Miwe85 on 03.01.2021 17:59
Hello, I have received my utility bill. I noticed that the amount I paid in advance on the invoice does not match what I actually paid. The invoice shows a total of 1644 euros paid for the whole year, but I actually paid 1788 euros... The 1644 euros are in every statement I have, so 144 euros/year are missing for 10 years that were not specified 😞
reply to commentTroglio72 on 03/13/2021 13:48
Hello Miwe85,
Seek legal assistance immediately and claim back the overpaid money, but beware: observe the statute of limitations.
Greetings Troglio72
Vanessa_8977 on 05.11.2020 12:52
Hello :) Maybe someone can shed some light on this, we have received our utility bill (2 people, 84 m2, and we also have 1 large balcony, top floor) the total costs were: 1019.18 euros compared to 174 in the previous year, 27 euros. We have been living in the apartment since February 2018. we are supposed to pay 944.01 additional heating costs alone. Billing period 01.01.2019 - 31.12.2019. We have distributors because we live in a house with several parties. We heat with district heating and our amount for the entire house is 88,145.00 kWh. Costs in euros are 8,680.57. If I recognize this correctly, the total area for heating is 680 m2 (usable area). We have already made an advance payment of 960 euros. So this year, according to the provider, we spent 1904.01 heating costs.
reply to commentimmowelt editorial staff on 06.11.2020 12:25
Hello Vanessa,
You should talk to your neighbors if necessary and compare the costs to see if there are any discrepancies. If this is the case, the Tenants' Association, among others, will support you. We cannot provide you with any assistance from a distance.
Best regards
Monika on 09/15/2020 17:03
Hello
I received my utility bills today and compared them to previous ones. I noticed that the total area of the house (apartment building) changes every year, as does the area of the apartment I rent. Sometimes the house has 422 square meters by 448 square meters, sometimes my apartment is 99 square meters, sometimes 112 square meters, sometimes 116 square meters. Is it legal for the landlord to charge a different area every year?
Greetings
reply to commentMichael Nehring on 09/14/2020 09:06
We live in a house of several blocks of flats, there is an elevator in 3 houses, the management can pass on the operating costs for maintenance and repairs to all tenants, even though we don't have an elevator at all
reply to commentDetlefam 03.09.2020 13:53
Hello,
My father received an utility bill of 949.49 for a 26 sqm apartment. Who can help here?
Thank you!
reply to commentBerger on 02/25/2021 09:36
If the upfront payments have already been credited, the back payment is significant. Your summary question cannot be answered without knowing the details. It also depends on the tenancy agreement on the allocation of additional costs. In addition, the Operating Costs Ordinance specifies which items may be apportioned. Legal advice is recommended here.
If your father has already settled the additional claim, according to the case law of the Federal Court of Justice, he can claim back amounts that have been apportioned without legal reason if he raises specific objections within one year of receipt of the statement
Greetings, Roland Berger
Heike on 26.07.2020 08:43
Dear editorial team,
At the beginning of 2019, my landlord bought a 3-party house and he received the corresponding annual notices/advance payment notices/invoices. Then renovation work was carried out until mid-June 2019 (vacant until then), when the first tenant (1 person) moved in. I moved in with my son in mid-July (allocation key according to billing 5.5484 months x 2 people).
Now I have received the utility bill for 2019, in which the complete annual amounts for property tax, precipitation fee and building insurance have been allocated to the square meter of the apartment; a redistribution to the months actually occupied did not take place, although the above-mentioned distribution key months x number of people was shown in the statement.
An advance payment notice was issued for the garbage fees in 2019, the billing with the actual consumption will then take place at the beginning of 2020. Since the tenants separate garbage in an exemplary manner, a credit could be generated. However, the advance payment is billed in the ancillary cost statement and not the actual consumption, i.e. the landlord received the credit generated without taking it into account in the statement.
Do I have to pay property tax, precipitation fee and building insurance for the whole year even though I haven't lived in the house for the first 6.5 months?
Can the landlord simply withhold the credit from the garbage bill without refunding it to the tenants?
The rental agreement lists the criteria (sqm - number of people - consumption) that will be used for billing - this seems to be correct.
Best regards
reply to commentDanyi01on 09.07.2020 16:02
Hello
I received my service charge statement today. For the last two years, the fire insurance was estimated at €180:6. This year €1003: 6. more than five times as usual. The landlady's answer: she would have been very underinsured. Do I have to accept that?
Reply to commentHello Danyi01,
the sum appears and yet very high. Fire insurance is one of the additional costs that can be passed on. However, the principle of efficiency applies. This means that the owner must avoid excessive costs. Accordingly, the contributions to fire insurance must also be within reasonable limits. The owner should not decide on the first offer regardless of the costs, but must obtain comparable offers.
Best regards
Your immowelt editorial team
dmea51 on 07/06/2020 18:15
Annual statement of the administrator
The WEG (114 WE) has existed since the end of 2017.
1. The administrator was the developer/builder until 2019. A new administrator was appointed for 2020. The 1st administrator sent an unaudited and unconfirmed annual statement to the owners for 2018 shortly before the end of 2019, which is also incorrect. Furthermore, there are no economic plans for the years 2018/2019/2020. The settlement for 2018 was reminded several times and now again at the end of 05/2020 by registered mail. So far without a response from the responsible administrator. What options do we have as owners to get the missing 2018 statement at short notice?reply to commentRoland on 02/25/2021 09:42
If necessary, legal action must be taken here. The entitlement to the issuance of the settlement is not yet time-barred.
Greetings, Roland Berger
Janniam 03.07.2020 10:45
Hi, we live in a small holiday home, our landlord also has one right next to us. In order to be able to build this, he had to join the fishing association and the association for fishing and leisure gardens, since it is private property. Annually, the fees to these clubs are 150 € + 15 €. My question: can our landlord include the costs for his membership in our additional costs? Since there are no taxes to the municipality, I am of the opinion that it is not correct. Hope you can help me and say THANK YOU
reply to commentRoland on 02/25/2021 09:44
According to the Ordinance on Operating Costs, the costs of membership may not be apportioned.
Greetings, Roland Berger
Melanie H. on 06/17/2020 21:20
Dear Sir or Madam,
In our utility bill, the water is billed for the period 07/01/2018 - 09/09/2019. Everything else 07/01/2018 - 06/30/2019 We have objected to the utility bill. Have transferred the non-disputed part with reservation and pointed out that the billing period may not be more than 12 months. The answer is that the meter would only be read on September 9th, 2019. How should I act now. Disagree again?
Best regards, Melanie
reply to commentS.Schön on 03.06.2020 10:52
Hello,
I saw a reimbursement for winter service and garden maintenance for 2018 in the 2019 household allowance statement. The total amount was also calculated down to the size of the apartment.
In the ancillary cost statement from the landlord, however, only the apportionable costs are listed and not this reimbursement. In 2018, we had the costs for garden maintenance and winter service apportioned. As a tenant, we are therefore also entitled to reimbursement of this. Or am I wrong?
Thank you in advance for your reply.
Greetings S. Nice
reply to commentH. Kroll on 05/28/2020 18:51
Hello,
In our current ancillary cost statement, the accident insurance item is listed for the first time in almost 14 years. The landlord lives in the house and does work himself, such as trimming hedges or cleaning the gutters. There is no caretaker hired for such work.
Is accident insurance apportionable?
Thank you in advance for your reply.
Greetings, H. Kroll
reply to commenthausverwaltungtrixs on 24.08.2020 20:07
is not relocatable! Building and liability insurance yes. Accident insurance is a private matter for the owner. Are caretaker costs agreed in the rental agreement?
VG
H.Lander
H. Kroll on 08/24/2020 22:32
Hello, thanks for the reply. I wasn't expecting it after three months. The landlord has reimbursed me for the inadmissible costs for the accident insurance. I found some information about utility bills on the Internet and presented them to him. He was insightful.
Tracy on 05/18/2020 14:12
Hello, I read again and again that a tenant only has to prove if the operating costs are not clearly comprehensible. However, the BGH has already ruled: If landlords and tenants argue about the correctness of a utility bill, the burden of explanation and proof does not lie with the tenant – but with the landlord. He must show that he has recorded, compiled and distributed the operating costs correctly.
And that's not all: The BGH has also decided that tenants may also request to inspect the meter reading receipts of other tenants. If the lessor refuses to inspect the receipt, the lessee is not obliged to make the additional payment required.
Federal Court of Justice, judgment of February 7, 2018, VIII ZR 189/17
In my case, the property management not only refused to be able to look into it, but also threatened to "move out" if I didn't finally "quiet". However, even the involvement of a lawyer with the corresponding costs for his personal insight into the operating costs on site only caused financial costs for me - the neighbor's hedge will continue to be cut by the caretaker at the expense of the tenants living here. I now have back payments of 500 euros from the previous 156 euros in credit (as revenge?). The lawyer ended the case without a word, but didn't move at all - leaving me just as ignorant as I was before. Laws are all well and good - but only on paper. The truth is completely different - as a tenant you have no rights! I don't know what to do anymore, I'm paying with reservations because I don't want to be terminated without notice. But at some point everything becomes statute-barred.
reply to commentimmowelt editorial team on 20.05.2020 11:45
Hello Tracy,
Without precise expertise, we cannot judge whether the costs for cutting the hedge can be passed on. If an unexpected additional payment is requested, you are also now entitled to inspect the receipts. If you are dissatisfied with your current lawyer, it may be advisable to hire another lawyer.
Best regards
the immowelt editorial team
Brigitte Aubel on 07.07.2020 12:46
I can only agree with that - the tenancy law is very landlord-friendly. If you defend yourself as a tenant, you ultimately always have one foot in a termination for your own use. Even verifiable, obviously fraudulent intentions/enrichment of the tenant are legally downplayed for the landlord (offset, erroneous, etc.). The tenant has the disadvantage in most court proceedings. Justice is actually different.
Maria93 on 04/23/2020 08:54
Hello,
Yesterday I received the utilities and heating bill for 2019 from my landlord.
In the listing/calculation, the costs are only listed according to the following scheme:
- Additional costs apartment
- Operating costs apartment (service)
- Additional costs garage
- Garage operating costs (service)
- House and property tax
- Additional costs prepayment
Can I ask the landlord for a detailed list of additional costs and operating costs?
In my opinion, I cannot use the data provided to check the correctness of the statement.
Thank you
reply to commentImmowelt-Redaktion on 04/23/2020 10:04
Hello Maria93,
According to the established case law of the BGH, an operating cost statement is only effective if it contains certain minimum information that makes the statement comprehensible for the tenant. Accordingly, the statement must contain the following information/meet the requirements: The compilation of the total costs, the specification and explanation of the underlying distribution key, the calculation of the tenant's share and the deduction of the advance payments made. The information in the utility bill must enable the tenant to identify the cost items to be distributed and to mentally and mathematically check the share of these costs that is attributable to him.
Based on the information you have provided, we assume without obligation that the billing is formally incorrect in this form, since there is no way to check the billing mentally and mathematically.
Best regards
the immowelt editorial team
Yvonne on 06.04.2020 15:10
Hello,
First of all thanks for the feedback.
Nei the garden maintenance is clear that is calculated proportionately. A separate item that is listed is "chores around the house". These are also not broken down in detail. So I wanted to know if they could also be billed to the tenant.
Reply to commentYvonne on 04/04/2020 20:46
Hello, I have my NK statement for 2019. Among other things, in addition to garden maintenance, work around the house is listed. Do these have to be borne by the tenant?
Reply to commentImmowelt editors on 06.04.2020 11:36
Hello Yvonne,
If the billing of the operating costs has been agreed in the rental agreement, the costs for garden maintenance are included. However, this only affects maintenance work, but not the joists for new gardens or similar.
Best regards
the Immowelt editorial team
Yvonne on 06.04.2020 11:47
Hello, the garden maintenance is clear that it is calculated pro rata. A separate item that is listed is "chores around the house". These are also not broken down in detail.
Immowelt editorial team on April 7th, 2020 10:38 am
Hello Yvonne,
With no obligation, we would tend to say that these are not operating costs, at least not with the general phrase "work around the house". It can be anything that is not covered by the Operating Costs Ordinance. In addition, even if it were gardening costs, only those that are incurred regularly can be billed (this can, but does not have to be annually).
Best regards
the Immowelt editorial team
pegaterby on 02/26/2020 17:53
Hello,
following question: We are moving out of our apartment on April 30th, 2020 after we have given notice. We also canceled the underground parking space that we had rented separately from the same company.
In the operating cost statement for the period rented by us (01.01. to 30.04.2020), the landlord may also charge pro rata for costs that will be incurred after the move-out date. There would probably be the 2-time cleaning of the underground car park and the operating current. Window cleaning in June and November?? So basically costs that have arisen outside of our participation?
Thank you for your information.
mfg.
Peter and Gabriele H.
Reply to commentImmowelt editors on 02/27/2020 10:51 am
Hello pegaterby,
After the tenant has moved out, a landlord can charge a proportion of the operating costs that relate to the period in which the tenant was still living in the apartment. It is therefore possible that an invoice will only reach the landlord after the tenant has moved out, but it still (partially) relates to the rental period. On the other hand, operating costs that arise after the rental period are no longer the responsibility of the former tenant. However, the landlord does not have to be very precise, at least in the case of non-consumption-related additional costs: The BGH has decided (Az.: VIII ZR 49/07) that billing does not necessarily have to be based on the performance principle, but can also be based on the so-called outflow principle . This means that the tenant may include an invoice in the utility bill that was received during the billing period, regardless of the billed period of the service. An example: If an operating cost item is assigned to the landlord for the period 01.02. until 31.01. of the following year on 01.02. of the billing year is received by the landlord, he can include this bill in the utility bill for the periods 01.01. until 31.12. set. If the tenant then moves out during the year, he can bill landlord X for a proportionate share of the 12-month rental period.
Best regards
the Immowelt editorial team
Carolin on 02.02.2020 17:55
Hello,
I recently received my utility bill for 2018 and compared it with the bill for 2017. I found out that I was billed for a single meter reading for heating costs of €167.40 for 2017. At that time I had only lived in the apartment for 2 months and there were no readings during this time and even then I always read them myself and passed the values on to Brunata. Nothing is calculated for this in the current statement.
My question, does this item even count as apportionable in the operating costs and do I still have a chance to clarify these costs despite the missed objection period and at best to complain? I read that the possibility only exists if it is not about "real" operating costs.
Thank you in advance.
Best regards
Caroline
Reply to commentImmowelt editors on 02/03/2020 11:38
Hello Caroline,
§ 556 paragraph 3 BGB states: "The tenant must notify the landlord of any objections to the bill by the end of the twelfth month after receipt of the bill at the latest. After this period, the tenant can no longer raise objections, unless because the tenant is not responsible for the late assertion." This means: If the settlement was more than 12 months ago, you can no longer claim anything. Meter reading costs themselves may be apportioned according to the Operating Costs Ordinance. If you have doubts about the correctness of the statement, you have the right to inspect the statement receipts.
Best regards
the Immowelt editorial team
Sitter47 on 01/29/2020 16:49
Hello,
I received the ancillary cost statement for 2018 from my landlord on time at the end of 2019. My landlord had the billing done by an external company for the first time. Here, although there are separate cold and hot water meters belonging to the rented apartment, another cold water item was billed (in the past few years such a double billing "cold water item" has never been billed). I wrote to the landlord within the 30-day period (the letter was sent to the landlord personally with witnesses) and asked for an explanation and for copies of the individual receipts to be sent to the landlord, but I have not yet received an answer. Since I am supposed to pay additional costs within 30 days, please let me know if I might miss a deadline for the additional payment if I don't pay first, because the landlord has not yet answered my request.
Thank you for your help
Best regards
Ricarda
Reply to commentImmowelt editors on 30.01.2020 10:54
Hello Sitter 47,
Thank you for your comment. You usually have to settle an additional claim within 30 days, otherwise you will be in default of payment (§ 286 BGB).
If in doubt, you have two options:
1. You pay the full additional claim within the 30-day period. At the same time, you object to this and point out the error to the landlord in the letter. You also write that you reserve the right to demand his payment back.2. Within the 30-day period, you only pay that part of the additional claim that is justified and file an objection within the period.Please understand, however, that we cannot provide legal advice. We recommend that you contact a specialist lawyer for tenancy law or a tenants' association.
Best regards
the Immowelt editorial team
Christoph Kupke on 29.01.2020 11:28
We have to pay a security guard, although it's not in the rental agreement or anywhere else. Our tenants' association costs the same as the security guard. What can we do? thank you for the answer
Reply to commentImmowelt editors on 30.01.2020 08:41
Hello Christoph Kupke,
The Federal Court of Justice has decided (Az.: VIII ZR 78/04) that the costs for a security guard can be other operating costs in individual cases. However, there must be a concrete practical need, otherwise the costs cannot be passed on.
Best regards
the Immowelt editorial team
Christoph Kupke on 30.01.2020 13:42
Yes, years ago there were many burglaries in the cellar boxes in the house. The perpetrators were residents of the house. The cooperative then arranged it. In my opinion, it still doesn't work, does it?
Immowelt editorial team on 01/30/2020 5:54 p.m
Hello Christoph Kupke,
We are not allowed to provide legal advice ourselves and would therefore recommend that you seek advice from a tenants' association or a lawyer specializing in tenancy law. They can estimate to what extent the allocation of costs is permissible or not in your specific individual case.
Best regards
the Immowelt editorial team
Rita63 on 01/27/2020 15:43
Rita 01/27/2020
Dear Editor,
Our landlord sent us the utility bill from September 1st, 2018 - December 31st, 2018 on December 30th, 2019. This had some errors (purchasing a garbage can, maintenance of the HZ although it was only installed on September 20th, 2018, because the building's NB etc.) we have lodged an objection and instead of 35.00 euros we are not getting back more than 200.00 euros. Now we have been waiting for the correction of the utility bill for 3 weeks. How long can the landlord allow for this?
2. Question: After we moved out on October 31, 2019, we made the drill holes unrecognizable with a tube of paint from the specialist market. The landlord complained about this when we moved out and it was recorded. Now we got an invoice for painting, ceiling painted, walls painted. The invoice was issued on November 30th, 2019 in the name of the landlord. But we only lived there for 14 months. Do we have to pay this bill?Thank you for your reply
Reply to commentImmowelt editors on 29.01.2020 08:54
Hello Rita63,
Landlords have to settle the ancillary costs with the tenants within one year after the end of the billing period - which, according to your descriptions, was still very close in your case. In the event of a late settlement, the landlord can no longer make any additional claims. If the landlord had settled earlier, he would have had to pay by December 31st. the opportunity to correct the billing. Since you are entitled to a credit, this should be done promptly now. The statute of limitations for claims is three years.
The landlord usually has to accept drilling holes that are required for normal residential use. Whether the tenant has to bear the costs for cosmetic repairs, i.e. painting walls etc., depends primarily on whether this is regulated by an effective clause in the rental agreement. However, many such renovation clauses are invalid according to the case law of the BGH, which means that the tenant does not have to do anything/pay anything. However, we cannot judge from a distance whether this is the case for you. However, since you only lived in the apartment for a relatively short time, the landlord would only be entitled to the cosmetic repairs or reimbursement of costs, even if the clause was effective, if the apartment had been handed over freshly renovated at the start of the rental period and was already so at the end of the rental relationship was very worn that a renovation would have been necessary. If the signs of wear and tear during the short rental period are only minor, the lessor has no claims.
Should there be a dispute with the landlord, we advise you to seek advice from a specialist lawyer for tenancy law or a tenants' association on site, as we cannot make a definitive assessment of the situation from a distance.
Best regards
the Immowelt editorial team
Yvonne on 01/16/2020 08:24
Dear Editor,
Thank you very much for the helpful explanations. We will activate it. One more question please. Where can we see on the BKA where the target advances are located and how they are composed - the sum of the "target advances" is lower for us than the "operating costs per square meter" and this results in the largest proportion of the additional payment with approx. €551.00. The BKA is based on our living space of 100 square meters. Cable connections + heating costs add up to the additional payment of around €740.00!
Thank you again in advance for your help!
Reply to commentImmowelt editors on 01/16/2020 09:55
Hello Yvonne,
There are no fixed formal requirements as to how a utility bill should look. However, the prepayments are usually listed at the end when they are deducted from the costs incurred. The target advances are the sum of all advance payments to be made that were agreed in the rental agreement. Actual advances would be the advance payments actually made.
You can talk to your landlord to see if he or she will adjust the advance payments so that the additional payment is not so high in the coming year.
Best regards
the Immowelt editorial team
Yvonne on 01/15/2020 12:03
Hello, we live in a 4-room WBS apartment with our 3 children. Again - as in the previous year - the BK billing of around €740.00 is inappropriate and too high. The rental letter is dated December 17th, 2019 and was put in the mailbox by the caretaker on January 10th, 2020. Went back into dispute and again will have to pay subject to recovery. The previous deficiencies have not been extensively eliminated. Only the no longer closing balcony door was repaired. Existing defects - windows leaking; heating cannot be regulated; heating failure; There is a leaking water pipe between the bathroom and living room wall, which is why mold repeatedly forms in the living room. However, it is not further repaired, only always checked by experts who confirm this deficiency; sandbox is not properly maintained or the sand is not cleaned; Rats on the site near the sandbox, etc. Our nerves are on edge. Some tenants pay nothing back, others also too much! For 1 year in the lawsuit because of the last BK billing, because we are resisting dismissal. Landlord does not appear in court for clarification - proceedings are postponed. House was sold to an inheritance community. Universa is the manager. Do you have to allow yourself to be offered this permanently? Can you claim damages for unreasonable physical and mental stress? What else can we do - moving out with 3 children is impossible in Berlin !! Can you help ?? Thank you in advance.
Reply to commentHello Yvonne,
If the utility bill for 2018 did not reach you until January 10, 2020, it is invalid. It's not the date on the statement that counts, but rather the date on which you received the statement. Accordingly, you do not have to pay additional claims.
Some of the deficiencies you describe would justify a rent reduction. However, before you reduce the rent, you should definitely seek legal advice from a specialist lawyer for tenancy law or a tenants’ association. Because if the reduction is set too high or is considered unjustified, you will default in payment and the landlord can terminate your contract without notice. If your property is damaged due to a defect in the home, you may also be entitled to compensation. You may be entitled to compensation for psychological distress. You should discuss this with your lawyer.
Best regards
the Immowelt editorial team
Melanie Höfner on January 12, 2020, 3:44 p.m
I have a question and I hope you can help me. I've had mixed opinions on this so far. to our living situation. We moved into a 4 room ground floor apartment as a first time occupancy. Our landlord lives in Switzerland. The house has two apartments. Our landlord installed a ventilation system in this property. In the ancillary cost statement, an item caught my eye that I don't quite understand. Ventilation/heat recovery system AFA (20j) of which 80%. Do I understand correctly that we pay 80% or half 40% percent of his ventilation system every year? Is this legal? That's not actually part of the normal operating costs, is it. I would appreciate your help. Kind regards, Melanie Hofner
Reply to commentImmowelt editors on 13.01.2020 12:21
Hello Melanie Hoefner,
While we can't make a final judgment on this from afar, if AFA means a deduction for wear and tear, that would mean you're paying for the ventilation system. This is not allowed. It is only permissible to bill those regularly incurred costs that are listed in the Operating Costs Ordinance.
Best regards
the Immowelt editorial team
Dan Marco on 01/12/2020 00:36
Hello,
I need your opinion on the following problem:
Together with 3 other friends we rented a rehearsal room for our band, according to the contract a "room that is not used for living purposes". Under § 5 of the rental agreement it says "[..] The monthly rent to be paid in advance is 100.00 euros. In addition, a) for the costs of heating and hot water (no entry of an amount here, although there is a window for it); b) for all other operating costs 10.00 euros [...] (to be paid)". Now we received an invoice for an additional payment of EUR 787.39. Strangely enough, this also includes the heating and water costs, but the heating costs alone are already 229.91 euros according to the bill. The landlord allocates the rented area according to m². Since we only rented 34.2 m² in a multi-storey house with several surgeries, shops, etc., this flat-rate billing is of course brutal for us. Is such a practice fundamentally feasible for the landlord? Thank you for your assessment!
Reply to commentImmowelt editors on 01/13/2020 11:52
Hello DanMarco,
The statutory tenant protection for commercial/exercise or storage rooms is not as strong as in residential tenancy law, but what was agreed in the tenancy agreement usually applies and cannot be changed unilaterally to the disadvantage of the tenant. If a lump sum was agreed in the rental agreement for the cold operating costs, only these should be billed and not the (higher) actual costs, whereby the landlord could increase the lump sum for the future. With regard to heating costs, the regulation could be designed in such a way that billing should be based on actual consumption. However, we cannot make a final assessment of the situation from afar.
Best regards
the Immowelt editorial team
formula thicker on 01/01/2020 13:45
Hello,
We received our utility bill for 2018 on December 30th, 2019 and immediately lodged an objection for various reasons. A question that I could not answer online is, can the landlord distribute the garbage costs, insurance, etc. to just a few tenants, since some apartments were vacant for a longer period of time?
Reply to commentHello formula thicker,
If apartments are empty, the landlord has to pay for the operating costs incurred and is not allowed to pass these on to the rented apartments. If billing is based on living space, the entire area must be considered - regardless of whether it is rented or not. At least that's how the case law sees it. The Federal Court of Justice has also stipulated that there may be no change in the allocation key due to vacancies.
Even with operating costs that are billed by person, the landlord must not pass everything on to the other tenants. In this case, according to the prevailing case law, he has to calculate the average number of tenants living in the house for the vacant apartment.
Best regards
the Immowelt editorial team
Crosam14 on 29.12.2019 11:01
Hello,
In 2018, more precisely in August 2018, we had a change of ownership of our apartment. We have now received the utility bill for 2018. The old owner billed until August 2018, and administrator A from September 2018. The billing is therefore split. Is that legal? I also have a power of attorney from our new owner that administration B has been responsible for our apartment since September 2018. Manager A was only responsible for the rest of the house. Is administrator A entitled to bill us for ancillary costs at all? According to the power of attorney, this authorization lies with administrator B.
Thank you and best regards
reply to commentImmowelt-Redaktion on 30.12.2019 11:36
Hello Crosam14,
Who is responsible for accounting in the event of a change of ownership has long been controversial. But since a ruling by the Federal Court of Justice (AZ: III ZR 211/99), this has been clarified quite clearly: the owner who is the owner at the time the claim arises is responsible for accounting. So in your case the new owner. However, the old owner has the obligation to participate in the settlement. Since the billing obligation always refers to the entire billing period, interim bills are excluded. So it is not correct if you have received two bills. You can therefore object to the utility bills.
The situation with the administrators seems a bit vague. It is not entirely clear why there are two different administrators. However, if an owner signs a contract with a rental manager for a specific apartment, then only this manager should be authorized to prepare the utility bill. However, please understand that we are not allowed to provide legal advice. We therefore recommend that you seek advice from a tenant protection association or a specialist lawyer.
Best regards
the Immowelt editorial team
Rocken Roll on 24.12.2019 09:09
Hello, I've had big problems with my landlord for years, but that's another topic. I recently received my utility bills and have to pay a substantial sum, which was not otherwise the case, for the chimney sweep. Now my question, do I have to pay the chimney sweep or isn't that the landlord's business? I have the suspicion that the landlord is passing the costs on to the tenants because since last year the dolen have been sneezing in the chimneys and almost every chimney was sealed, so he always had to call the chimney sweep. greeting
reply to commentImmowelt-Redaktion on 27.12.2019 09:14
Hello Rocken Roll,
The costs for the chimney sweep's work can be passed on to the tenant. This is done either via the heating bill or the utility bill, provided that this has been effectively agreed in the rental agreement.
In addition to the regular immission measurement, the costs that can be passed on also include the so-called sweeping fee - i.e. the actual cleaning of the chimney. But since the chimney sweep had to come several times, this could also fall under maintenance and not regular cleaning. In this case, the landlord should not pass the costs on to the tenants. However, we cannot conclusively judge whether this is the case. We therefore recommend that you seek advice from a tenants' association or a lawyer specializing in tenancy law.
Best regards
the Immowelt editorial team
Old man on 12/22/2019 10:42
Hello
The following problem. I have lived in an older apartment building for many years. 6 residential units/ 5 of them occupied and 4 of them have internal gas heating. The 5th apartment I live in has no heating,...heat conservatively...oven/fireplace...when I was billing the additional costs for 2018, I first noticed that I was billed for operating costs (maintenance heating)...and operating costs for maintenance ..RWM.) whatever RWM..means. My specific question. Do I have to bear the costs for maintenance, heating, etc., even though I don't have one...? ?
Hot water is generated by an old gas boiler...
reply to commentImmowelt-Redaktion on 23.12.2019 09:02
Hello,
If the other apartments have gas boilers that are serviced, the costs for this can be assigned individually to the individual residential units. According to Heating Costs Ordinance §1 (1), maintenance costs for the operation of central heating systems and central hot water supply systems can be billed. From our point of view, costs that do not relate to your apartment should not be charged. There may be costs for the maintenance of a gas boiler. If in doubt, you should seek the advice of a local tenants’ association or a lawyer specializing in tenancy law.
Best regards
the Immowelt editorial team
ChrisTa on 12/16/2019 2:25 p.m
1. Received Nk billing today, the amount should already be debited on December 31, 2019. Do I not have the right to examine?2. Every 2 years I receive a whopping NZ of over 800 € up to today 411 €. I've been living in the same apartment for about 8 years. 57.5 m2. The Nz are based almost exclusively on heating costs. All apartments in the house are the same size and a survey of other tenants has shown that they also have this phenomenon from time to time. But not in the same year as me. Since I am not able to read my heating tubes myself and something is scanned once a year, which I cannot check either, my question: can I ask the landlord to have my heating tubes read by the caretaker on site once a month so that I can can understand where these change jumps come from.You mentioned average ancillary costs of €2.19 per m2 apartment per month. With me today 2 76 €. And there were many more. I have the heating on max. 3 and only heat the living room, kitchen and bathroom. SZ never, door is also closed. I also work a lot on the assembly line, where the heating is on just under two during the week. Years ago I contacted an online tenants' association, at 1000€ NZ the NK, but apart from the fact that they did not find this normal either, and my landlord did not respond to their letter, nothing happened. I paid well and on the nä. NKA hoped. This was back to normal, except for the following year again.
reply to commentImmowelt-Redaktion on 17.12.2019 08:04
Hello ChrisTa,
According to a judgment by the district court of Hamburg (Az.: 49 C 609/04), the landlord may not simply debit disputed utility bills from the tenant's account. If he does so, the tenant may revoke the direct debit authorization.
There is no legal right for the caretaker to read the tubes once a month. However, you have the right to inspect the receipts for the ancillary cost settlement.
If your monthly operating costs are around 20 percent higher than average, this is not noticeable in itself: The insulation standard and thus the heating costs of the German building stock differ significantly, the amount mentioned is only an average value. In addition, the age/efficiency of the heating system can cause significant cost differences.
In your specific case, we advise you to carefully check the statement (including inspection of receipts). If significant additional payments are regularly due, it would not be wrong if the monthly advance payments for operating costs were adjusted accordingly. As a result, the monthly costs increased slightly, but there would be no nasty surprise at the end of the year.
Best regards
the Immowelt editorial team
Nessi682 on 12/02/2019 18:42
Hello,
We had to make an additional payment of €815 for the entire year 2017 for an 82 sqm apartment. In relation to the 8 years before that we lived there, that was really a lot (twice as high as the year before)
So far, so good... we moved out in May 2018. Today I received the utility bill for 2018. In the case of 01.01. Until 05/31/2018. We are supposed to pay 680€ afterwards... something is wrong... for 12 months 815€ and for the following year for 5 months then 680€? We're at a loss... the relationship with the former landlord isn't necessarily the best either. And legal help is unfortunately extremely hard on the wallet. And if you're already very tight anyway, you don't know how to pay for it.
What's the best thing to do?
reply to commentImmowelt-Redaktion on 03.12.2019 08:49
Hello Nessi,
You should carefully check the operating costs as described above to ensure that they are correct and permissible. You can also look at the receipts from your landlord to check that he is not overcharging. There are also external providers who will check your billing for you.
Basically, however, it is always advisable to seek advice from a specialist lawyer or a tenants' association. Incidentally, the initial consultation with a lawyer must not cost more than 190 euros plus VAT (§34 RVG). Some lawyers even offer a free initial consultation.
Best regards
the Immowelt editorial team
Martin on 25.11.2019 16:28
Hello.
I pay a cable fee of €13.75 every month.
These do not appear at all in my utility bill.
My question is: do these costs have to be shown in the ancillary cost statement?
reply to commentImmowelt-Redaktion on 26.11.2019 08:40
Hello Martin,
If you pay the cable fee directly to the cable company yourself, then this is a service that you use independently of the other additional costs, so that this item does not appear in the additional costs statement - because in this case the landlord calculates them It doesn't cost with you, but with the cable company.
Best regards
the Immowelt editorial team
Ruediger on 11/12/2019 6:25 p.m
Hello,
I received my service charge statement today.
I moved in on December 1st, 2018 and have been living in the apartment to date. It is a 3 room apartment with 77 m2.
The keys were handed over on 22.11. happened. On this day the counters were noted. The landlady also said that from that date the heating and water bills will have to be paid.
Now the letter says: Settlement of the heating rental costs 2018 (01.11.2018 - 31.12.2018). The period sounds strange.
One page further, the following is stated (your period of use 12/01/2018 - 12/31/2018, billing period 01/01/2018 - 12/31/2018). An additional payment of €131.36 is expected. Is this correct? Can this be? Or is this about the period from December 1st, 2018 to December 1st, 2019?
I appreciate your help.
LG Ruediger
reply to commentImmowelt-Redaktion on 13.11.2019 08:45
Hello Ruediger,
We cannot judge from a distance whether the utility bill is correct. Basically, the landlord has to settle an entire billing period, which is always one year long, and then, if there is a change of user, split it proportionately. This means that for a bill for the year 01/01/2018 to 12/31/2018, the bill for this year would first have to be created and in a further step distributed to the users on a pro rata basis, or in the case of consumption-dependent additional costs, on a pro rata basis.
If you have doubts about the correctness of the bill, we would like to point out that you have the right to inspect the receipts and, if in doubt, you can have the bill checked by a tenants' association or a specialist lawyer, for example.
By the way: Since the short period of use was in the winter with regard to the billing, the relatively high additional payment could also be due to the fact that it was caused by the heating costs. Because landlords are obliged to bill heating costs mainly according to consumption and in winter it is much higher than in summer, so that this is evened out for a whole billing period. This is where you could start with the exam first.
Best regards
the Immowelt editorial team
Ruediger on 15.11.2019 10:39
Hello again,
Thanks for the reply. Is it correct that the additional costs will be charged to me from 01.11 although the rental agreement was signed on 01.12. is agreed? As already mentioned, the keys were handed over on 22.11.
Furthermore, heating costs seem to be very high. I have expenses of 200 € for one month. That can't be, can it? I heated up normally. As a level I had between 2-3 (maximum level is 5).
I suspect that the reading may not have been correct. I have a system from techem. On 11/22 the meter reading was carried out with the landlord. The second number in the display was noted. There was a bleach pencil symbol next to the number. I found out on the Internet that this number with the pencil indicates the following: "This is your effective date value for the last accounting period". I assume that the consumption value was at the end of last year and not directly from 22.11.
Am I legally able to see the meter reading from the previous tenant? The previous tenant should have received a meter reading when moving out.
Thank you for the help.
LG Ruediger
Immowelt editorial team on 15.11.2019 11:12
Hello Ruediger,
correctly, the billing would then have to be prorated from 22.11. until 31.12. be.
In principle, you have the right to inspect the receipt for billing. You can estimate whether the billed consumption is plausible by looking at the building's energy certificate. This indicates how many KwH per square meter should be consumed (depending on the user profile, the actual consumption can of course be higher or lower). You have to multiply this value by the number of square meters of the apartment and thus get the value in KwH, which should roughly correspond to the consumption. Depending on the type of heating and the resulting fuel costs, you can then calculate the approximate annual costs to be expected for heating.
If you fear that the landlord read the meter reading at the beginning of the year and not when you moved in, the costs that were billed to you should probably be well above the €200 billed. 200 € is not little for a winter month, but at least in a quickly insulated house it is quite possible for an apartment of the specified size.
Best regards
the Immowelt editorial team
Ruediger on 15.11.2019 20:22
Thank you for this implementation. I'll definitely recalculate that.
Maybe you can help me with these details:
On 22.11. Was read in a room 3209. This value is in the statement as "reading value old". As mentioned above, this appears to be the value from the last billing period. Now the billing says 3898 as the "new reading value". This should also be the reading value of the last billing period. Thus, a consumption of 689 was calculated.
It is important to mention that it is a wireless measuring device. I've also observed over the past few days that the 3898 doesn't change at all even though I'm heating.
I now have the assumption that the 3209 are from 12/31/2017 and not from 11/22/2018. This means that the reading should be higher than 3209 and I would have lower consumption and lower costs. Or have I thought incorrectly about that?
Can I ask the landlord to get the meter reading from the previous tenant? Then I could determine whether the information is correct.
LG Ruediger
Immowelt editorial team on 18.11.2019 09:37
Hello Ruediger,
Unfortunately, based on the meter readings you have provided, we cannot remotely draw any conclusions as to whether everything is correct here or not. In principle, you have the right to inspect the billing documents that relate to your billing.
Best regards
the Immowelt editorial team
Sam Oht on 11/09/2019 12:22
Hello,
I live in a property with 20 apartments. Each of these apartments has a gas boiler for heating and hot water. In 2018, 14 of these 20 thermal baths were serviced. The costs were then allocated to the living space of the entire 20 apartments. The 6 tenants who did not benefit from maintenance should now pay for the maintenance at the neighbors.
In my opinion, billing according to the polluter-pays principle counts more than flat-rate billing. Or am I wrong?
LG Thomas
reply to commentImmowelt-Redaktion on 11.11.2019 10:14
Hello Thomas,
Thank you for your comment. Unfortunately, we are not aware of any supreme court judgment in this case that could provide orientation. We would recommend that you contact a specialist lawyer for tenancy law or a tenants' association and seek advice from them.
Best regards
the Immowelt editorial team
Häsinam 08.11.2019 19:35
Hello,
Unfortunately last year we had a change of ownership with our rented single-family house. Regarding the additional costs: the previous landlady had taken out building insurance for €178.00 and we assume that she had insured the necessary things. Our new owner has changed insurance and we now have to pay €451.00 for building insurance (he has attached the receipt). The house has 145 square meters, built in 2001 and is not in a flood area or anything else. There are no children or animals.
It seems very "luxurious" to us. How do you rate this?
Reply to commentImmowelt editors on 11/11/2019 09:26
Hello rabbit,
Landlords are required to observe the principle of economic efficiency when it comes to operating costs. However, this does not mean that you always have to choose the cheapest provider. Under certain circumstances (but we can't judge that from afar) the old policy had a lower scope of benefits. The best thing to do is to ask the landlord what the specific reason was for switching to the more expensive provider.
Best regards
the Immowelt editorial team
hardcore_asi on 26.11.2019 22:57
Is this house near Düren?
Ch231997 on 11/07/2019 20:44
Hello,
It's about the operating cost calculation for 2018. The period is given for 01.01.2018 - 31.12.2018. The period of the heating costs is referred to as 04/01/2018 - 03/31/2019. I am now supposed to make an additional payment of €730.99 for an apartment in Bavaria with 62m2. The ancillary costs come to a value of €2.92/month/sqm. Can that be true? In any case, it seems very, very high to me.
Thanks in advance and best regards
reply to commentImmowelt-Redaktion on 08.11.2019 08:49
Hello Ch231997,
According to the operating costs index of the German Tenants' Association, the average operating costs for rented apartments in Germany amount to 2.19 euros per square meter and month. The number you mentioned is above that. However, it may well be that some buildings cause higher operating costs, for example due to poor insulation or inefficient heating. If you have any doubts about the correctness of the statement, you have the right to look at the receipts for the statement in order to check the correctness of the statement.
Best regards
the Immowelt editorial team
senada1975 on 21.10.2019 06:48
Hello
I got a very high bill last year because 2400 back payments and this year almost 1800. I am convinced that something is wrong. Living space is only 62 m 2 . I have already paid a nice lump sum of 2040 euros per year. WHERE CAN I CHECK IF THIS ABOUT THAT.
Best regards
reply to commentImmowelt-Redaktion on 21.10.2019 12:07
Hello senada1975,
In purely mathematical terms, this would result in more than 5 euros in utilities per square meter and month. That seems very high to us - the German tenants' association calculated an average of 2.19 euros per square meter in its operating cost index for Germany.
As a tenant, you have the right to inspect the receipts for your utility bill. In this way you can understand the billing and, if necessary, identify any errors.
Best regards
the Immowelt editorial team
zosia1990 on 07.10.2019 12:10
Hello,
I have a question about PROPERTY TAX B.
I compared the billing from 2017 and 2018.
In 2017 I lived in the apartment all year,
2018 just two months.
Now the PROPERTY TAX B is the same for both.
Is that correct, or should this also be calculated proportionately?
Best regards
SP
reply to commentImmowelt-Redaktion on 08.10.2019 08:47
Hello zosia1990,
If a tenancy is terminated during the billing period, the tenant only has to bear the operating costs proportionately.
Best regards
the Immowelt editorial team
A.N. on 06.10.2019 14:29
Dear Sir or Madam,
our ancillary cost statement for 2018 deviates from the others in recent years by 500.00. This new item is called "chimney sweeps individually 500.11 euros", "chimney sweeps generally 30.00 euros" is also listed. CHIMNEY SWEEPER INDIVIDUAL is completely unknown and new to us,
. We have a 30' year old floor heating, a gas boiler,
Property of the apartment owner.
Now an ancillary cost statement that is more than 500 euros more than the budget.
What should we do, pay?
Best regards
A.N.
reply to commentImmowelt-Redaktion on 07.10.2019 11:13
Hello AN,
As a tenant, you have the right to inspect the receipts and can thus check whether the costs have actually been incurred in the stated amount. Without being able to judge it from afar, we would like to add: The very high chimney sweep costs seem worth checking.
Best regards
the Immowelt editorial team
Nihil on 09/13/2019 15:01
Dear Sir or Madam,
I have just received the utility bill for 2018 from our property management.
We are supposed to pay €657.53 afterwards.
The highest costs were caused by caretaker costs, building cleaning and garden maintenance.
This would not actually be a problem for us.
If the caretaker, who is also supposed to do the gardens and cleaning work, would also do his job.
The hallway hasn't been cleaned for 6 months alone.
We're grateful that he at least puts out the garbage cans.
Should we request evidence and appeal here?
reply to commentImmowelt-Redaktion on 16.09.2019 11:31
Hello Nihil,
if services were not provided at all, there is actually no basis for calculating these costs. However, it could be difficult to prove this. You should inform the landlord/manager that this work is not/inadequately completed and document the non-completion of the work for the future.
Best regards
the Immowelt reaction
Paul on 09/12/2019 13:40
Hello,
In our residential area, two semi-detached houses (24 parties) are used for the maintenance of the only playground for a fee. However, the playground is used by all residents (approx. 240 parties).
I already complained about this procedure last year.
The reason given by the housing association was that the playground should be on the property
of the other house, but our lot was about the same size, and these two
Areas would now be valued together - that would be in accordance with the law.
Now I found out through the land registry that:
1. There is no common plot. The houses are on their own plots,
2. The size also differs significantly. Namely 1300 m² to 1800 m².Unfortunately I can't find anything about the problem on the internet.
I would be very happy about any information.
Greetings
Reply to commentImmowelt editors on 13.09.2019 11:12
Hello Paul,
It's hard to tell from afar. In general, however, in a residential complex, those operating costs that affect the entire facility must also be apportioned to the entire facility and not just to a small proportion of the residents. However, since we do not know the exact circumstances, we recommend having the matter checked on site, e.g. by a tenants' association or a lawyer.
Best regards
the Immowelt editorial team
mariokufelon 30.07.2019 20:22
Hello
Rental loss not legally paid
Can I really only request the last 3 years
Graduated rent for an apartment is also permitted for a garage
Thank you
Mfg
reply to commentImmowelt-Redaktion on 31.07.2019 11:11
Hello and thank you for your comment,
If you have any objections to the utility bill, you must notify us within twelve months of receiving the bill. Otherwise, the settlement is considered tacitly accepted. A graduated rent can also be agreed when renting out garages.
However, please understand that we are not allowed to provide legal advice and therefore cannot conclusively assess individual cases from afar. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Kovek on 07/29/2019 18:43
Hello! I've been living in an apartment for 1 year, now I've received a bill, the owner has printed something out at home without a signature or anything, just says I have to pay another 770 eu because I've used too much water... A lot of bills are visible and many Thing what changed at apartment...incredible,and I would like to ask, should I ask rectanwahlt,or what to do if something like this happens? Can't be paying that much money, I've paid the whole year for additional costs and took a normal shower, used the washing machine, but 770 eu??? Please help me.. :(
reply to commentImmowelt-Redaktion on 30.07.2019 08:55
Hello and thank you for your comment,
In fact, this is a relatively high additional payment. As a tenant, you first have the right to inspect the receipts from your landlord, which he used as the basis for the ancillary cost statement. If this check does not bring you any clarity, you can actually have the bill checked legally, either by a tenants' association or directly by a specialist lawyer. Please understand that we are not allowed to provide legal advice.
Best regards
the Immowelt editorial team
H.G.6366 on 07/21/2019 12:43
Hello, I received an invoice for the maintenance of the heating boiler in my utility bill. It lists working hours, measurements, checks and spare parts. Do I have to pay for all items listed?
reply to commentImmowelt-Redaktion on 22.07.2019 10:18
Hello and thank you for your comment,
Working hours, measurements and checks are part of the regular maintenance of a heating system and can be passed on to the tenant via the operating costs. If, however, it turns out during such a check that there is a defect in the system and it needs to be repaired, these costs would have to be borne by the landlord. So if the spare parts mentioned were used in the course of repairing the system, the costs for this cannot be passed on to the tenant. From a distance, however, we cannot conclusively judge whether this is the case. We would advise you to check this with your landlord again and, if in doubt, have the utility bill checked by a tenants' association or a specialist lawyer. Please understand that we are not allowed to provide legal advice.
Best regards
the Immowelt editorial team
Moe1986 on 07/12/2019 13:38
Hi,
I got my statement for 2018 this week. Must pay 170 € extra.
My problem: I've only lived here since September 15, 2018 (i.e. only 3.5 months in 2018), I pay €150 a month for my additional costs.... how can it be that in just 3.5 months I'm 170 € has to be paid in addition....(Heating costs for 3.5 months are documented at €430....haha... we had fantastic weather in Hamburg until November last year and didn't have to start heating until December...come even then not at all... how can it be so high for one person????? I hope you have some advice
Reply to commentImmowelt editors on 15.07.2019 09:27
Hello Moe1986,
If you have any doubts about the accuracy of your service charge statement, you have the right to look at the receipts on which the statement is based to check for any discrepancies. We cannot judge from a distance whether an additional payment in the amount specified or heating costs in the amount you specified is possible, as this depends on various factors (insulation of the building, individual heating behavior, size of the apartment, type and efficiency of the heating heating system, etc.).
Best regards
the Immowelt editorial team
Josi 2910 on 02.07.2019 22:38
Hello
My statement is from September 1st, 2017 to December 31st, 2018, is that permissible? Heating and water will be charged for this period (16 months), but only 12 months of our paid-in living costs.
reply to commentImmowelt-Redaktion on 03.07.2019 11:09
Hello,
according to § 556 paragraph 3 BGB, the advance payments for operating costs are to be settled annually. A longer billing period is not permitted. Please understand, however, that we cannot finally check individual utility bills remotely. If in doubt, we therefore always recommend advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Sonni56 on 06/27/2019 13:38
But is it permissible to simply issue a flat rate to the tenants, regardless of whether and how often something is done in the garden.
After a fall, where the caretaker warned the property insurance company to give false information, that leaves and fallen fruit were not removed and many sidewalk slabs were too high, but only the path was filled with sand and the sidewalk slabs were even the broken ones. The leaves are still on the wall of the house by the flower bed, which looks worse than a meadow. The entire property has been neglected since the property management took over with their caretaker service.
Complaints are useless a neighbor regularly takes pictures to have evidence for the next billing.
LG Sonja
Reply to commentImmowelt editors on 27.06.2019 13:46
Hello Sonya,
Of course, the costs for gardening, which are passed on to the tenant, must actually be incurred. A landlord cannot simply charge for work that is not done. In order to check that, tenants have the right to see the receipts that served as the basis for the utility bill.
Best regards
the Immowelt editorial team
Sonni56 on 06/27/2019 2:23 p.m
No one gets insight, many are working with tenants and lawyers to clarify the grievances. That's why 12 of the 20 tenants have already moved away. You can't get to them the caretaker starts something and leaves everything lying around complaining to his wife in the office is useless. We can't get to the owner and the representative? We only saw the question by chance during the construction phase and he said that the administration was acting in his interest and that the tenants could do what the tenants wanted with the other administration beforehand. They don't want us to talk to each other or talk to the craftsmen, I would be forbidden to do that in writing. Had a chat with the painter who wanted to know if it had changed again, and when I said something negative, the caretaker suddenly stood next to us, although we hadn't noticed that he was on the property.
We're being bullied and taken advantage of, thinking we should move out. They always get the agency fee from the owner. New tenants move out within a year.
It doesn't matter who complains, with or without a lawyer, they don't care.
LG Sonja
Sonni56 on 06/27/2019 00:27
Flat rate for garden maintenance
Since we have a new property management 6 years ago, there has only been trouble.
In the beginning it was fine, but 2 years ago the roof was re-covered and the rent increased by 11.2%. This has been checked by tenants and found to be incorrect. Some have refused to pay the rent increase. The use of the floor was then prohibited because we were informed at the end of the year that one apartment would be built in per entrance and we were given notice of the floor and referred to the basement that we already had.
As compensation, we should only pay the higher rent in August instead of May 2018, precisely because of the construction work.
Garden could not be used, trampoline had barbecue corners and Spiehauser on it, everything had to be removed, although it was always outside in summer and was also shared. The hammer came with the utility bill, for garden repairs we should pay a lump sum of 4200, although nothing was done in the construction phases or only minimally. LEAVES AND FROZEN FRUIT NEVER REMOVED, LAWN MOWING LEAVED DIRT ON EVERY CORNER FOR DAYS SOMETIMES FOR WEEKS.
NOT ATTENTION TO PATHWAY PROTECTION, LOOSE, HIGH-STANDING PATHWAY SLABS. AFTER A FALL WERE DELIBERATELY MADE FALSE DETAILS BECAUSE OF THE HEIGHT, BUT WHAT COULD BE RECOVERED AGAIN.
DOESN'T GARDEN MAINTENANCE ALSO INCLUDE MAINTAINING OR PLACING FOLIAGE AND FLOWER BEDS. CAN SIMPLY NE FLAT RATE BE CALCULATED AND THAT ALTHOUGH NOTHING IS DONE. THE BUILDING WORK WAS FROM MARCH TO NOWEMBER AND A HEAVY CRANE ALSO DESTROYED AND DAMAGE PART OF THE GARDEN AND STAIRWAY.
THE SO-CALLED JANITOR SERVICE IS THE MAN FROM THE LADY FROM THE OFFICE AND FROM MARCH, BECAUSE OF MANY COMPLAINTS, IT WAS DECIDED THAT A PERMANENT JANITOR WILL COME AND THE COSTS WILL BE ALLOCATED TO THE TENANTS.
Of course, WITHOUT REPORTING TO US, THE SERVICE MANAGER WOULD SUPERIOR. NOW ALMOST NOTHING IS DONE MOWED LAWN 2 TIMES UP TO NOW. FLOWERS PLANTED AT A HOUSE WERE NOT WATERED AND BROKE AFTER 4 WEEKS. A PRIVACY HEDGE WAS SIMPLY SAWN OFF LAST WEEK AND EVERYTHING THROWED ONTO THE HEAP. FLOWERS THAT WE PLANTED SHOULD BE GONE OR HE TEARED THEM OUT AND DISPOSED OF THEM AFTER THE POINTED DATE.
NOT POSSIBLE TO COMPLAIN HIS WIFE COVERS EVERYTHING AND THINK HE ALWAYS CHECKS FOR THE RIGHTS AND KEEPS EVERYTHING IN PLACE. THE OTHER HEDGES ARE EXPLORING THAT THE PATHWAY IS HARDLY WALKABLE. GARDEN USE ONLY LIMITED MAY EXHIBIT BUT CLEAR EVERYTHING AGAIN.
REFERENCES TO OUR RIGHTS AND OBLIGATIONS, THE ONLY WE HAVE TO ACCEPT EVERYTHING AND LET US BE SENT.
I EVEN RECEIVED A THREATENING LETTER ABOUT DEFAULT AND DEFAMATION AFTER 3 WEEKS OVER EASTER THE GARBAGE COULDN'T BE COLLECTED BECAUSE THE COLLECTION DAY WAS POSTPONED AND SO ACCESS FROM THE STREET, WHICH IS USUALLY CLOSED FROM 10 AM TO 12 PM, WAS PARKED.I HAVE ON ANSWERING MACHINE ONLY SAID THEN THE MAINTENANCE HAD TO MAKE SURE THAT THE MULLE IS MADE ACCESSIBLE SO SIMPLY ON THE SIDE OF THE PARKING ENTRY.
YOU ARE ONLY REFUSED IN A SCHNIBBIG AND NAUGHTY WHEN YOU REACH SOMEONE. NOBODY HAS SO FAR GOT INSIGHT INTO THE OPERATING COSTS, EVEN THROUGH THE LAWYER AND THE TENANTS' ASSOCIATION.
OUT OF THE 20 RENTAL PARTIES 12 HAVE MOVED IN THE 2 YEARS.
SORRY GETTING LONG.
URGENTLY REQUESTING INFO
reply to commentImmowelt-Redaktion on 27.06.2019 10:22
Hello and thank you for your comment,
In terms of garden maintenance, what was agreed in the rental agreement applies. The landlord is not allowed to pass on one-off maintenance work to the tenants via the utility bill, this is only possible with regular maintenance of the garden. In order to check this, you have the right to inspect the receipts that the landlord used as the basis for the utility bill. If the landlord refuses this insight, the tenant can refuse any additional payment until the landlord grants it.
However, we are not allowed to provide legal advice and therefore cannot check your utility bill remotely. You have already taken the right step by going to the tenants' association and lawyer. We therefore recommend that you continue to seek advice from these bodies.
Best regards
the Immowelt editorial team
Karlheinz Nirschlam 24.06.2019 17:03
Hello,
Can my landlord charge me for the subsequent installation of the smoke alarm devices?
Please reply
Karlheinz
reply to commentImmowelt-Redaktion on 06/25/2019 08:43
Hello and thank you for your comment,
The rent for the smoke detector or its maintenance could possibly be apportioned via the utility bill, and the landlord could also apportion the costs for the installation of a smoke detector to the monthly rent as part of a modernization rent increase. However, it is not possible to pass on the one-time installation to the tenant via the operating cost statement.
Finally, please understand that we are not permitted to provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
????on 06/11/2019 19:05
I live in a 3 family house. All well and good. Only the ancillary cost statement brings stress. There are 3 water meters for the washing machine. Is it not possible to list the water consumption of the individual machines and not with the general water consumption.
reply to commentImmowelt-Redaktion on 12.06.2019 08:51
Hello and thank you for your comment,
Possible under certain circumstances, but not mandatory. According to the law, only hot water and heating costs have to be calculated depending on consumption.
Best regards
the Immowelt editorial team
Hans Behrens on 05/10/2019 22:32
I moved out of my old apartment on February 15, 2019. For weeks I've been trying to get my advance rent payment of €1,000 back. 4 weeks ago, the landlord informed me that he still had an additional claim for additional electricity payments for the period from 05/13/2016 to 11/13/2018 (3 bills).
Additional payment for the period from 05/13/2016 to 06/21/2017 € 783.67.
Additional payment for the period from 06/22/2017 to 11/24/2017 € 272.27
Additional payment for the period from 11/25/2017 to 11/13/2018 € 602.60
Question: What costs is he still entitled to? limitation period?
I would like to thank you in advance for your answer.
reply to commentImmowelt-Redaktion on 13.05.2019 10:21
Hello Hans Behrens,
First of all, it is unusual for your landlord to bill electricity as ancillary costs (unless it is electricity for outdoor lighting/stairwell lighting, for example), since the tenant usually signs a supply contract for his household electricity himself with the electricity provider - the Landlord has nothing to do with it. If, however, it has been agreed in the rental agreement that the household electricity is disbursed by the landlord, the landlord may also bill ancillary costs no later than one year after the end of the billing period. For example, if the billing period is from 01.01. until 31.12. of a year, the landlord must no later than 31.12. settle the additional costs for the following year. If he does not do this, any additional claims are time-barred. Please note, however, that we cannot make a final assessment of your case from a distance, as we do not know the agreements in the rental agreement and are not allowed to provide individual legal advice.
Best regards
the Immowelt editorial team
Petra on 05/02/2019 22:34
I've been living in a 2-family house since September 1st, 2016. Now I am charged 446.25 from a bill for tree trimming for garden maintenance 1/4 of the total bill. I do not know when these trees were last cut. In the 2.25 years that I live there, the trees haven't grown that tall. should i pay
reply to commentImmowelt-Redaktion on 03.05.2019 09:21
Hello Petra and thank you for your comment,
In principle, the regular costs of garden maintenance can be passed on to the tenant. However, the landlord can of course only pass on those costs that actually arise. The tenant therefore has the right to inspect the receipts from the landlord that served as the basis for the utility bill. We would first recommend that you exercise this right. If there are still ambiguities, you can have your utility bill legally checked by a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Petra on 05/03/2019 14:23
I have the receipts, the rg is ok. When I asked for the allocation key, the landlord informed me that I had been charged 25%. Does it make sense to ask when the last pruning was, in my opinion can he only charge me for the pro rata costs for 2.25 years? Thanks for the answer. Petra
Immowelt editorial team on May 3rd, 2019, 2:27 p.m
The demand certainly makes sense. In the specific case, it depends on the intervals at which the work is generally carried out. Under certain circumstances, the costs may actually only be apportioned proportionately. However, please understand that we are not permitted to provide legal advice. Ultimately, a tenants’ association or a specialist lawyer must carry out the legal examination of your bill.
Best regards
the Immowelt editorial team
Evelina06 on 04/29/2019 17:43
Hello,
I've been in the apartment for over 8 years. The property tax also appeared in the last utility bill (for the first time in these 8 years!). Can my landlady do this if she previously "forgot" about this tax?
And one more question: my contract says 120 euros a month for additional costs. A year ago, I got a letter from my landlady, where she increased the total rent by 20 euros, while reducing the contribution for utilities, i.e. she takes the money from the utilities for herself. Is that legally correct?
Thanks in advance!
reply to commentImmowelt-Redaktion on 30.04.2019 8:37
Hello and thank you for your comment,
To the first question: Yes, that is possible. Regarding the second question: Your landlord can increase the basic rent within the scope of the statutory provisions. At the same time, the deduction for the monthly ancillary costs can decrease as part of the ancillary cost settlement, resulting in an increase in the total rent of 20 euros. However, we do not know whether this was actually the case for you.
Please also note that we cannot remotely check your utility bill for legality, also because we are not allowed to provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Jörg Thiermannon 04/11/2019 19:01
Hello.
I have now received my statement for the past year.
My landlady thinks she can bill everything per capita. Even the chimney sweep!
Situation.
2-family house at the front, one person lives on the ground floor, my wife and I live on the upper floor. This house has its own building and liability insurance.
Each apartment has gas heating.
The rear building is occupied by one person.
The property tax is for all units, front and back.
Water, sewage, garbage, is billed per capita, that's correct.
Now you also calculate the chimney sweep per capita, just like the insurance and the property tax!
My total Common sense says it's wrong!
We assume that all 3 parties have the same living space, so it would have to be billed like this:
Chimney sweeps half each, just like insurance companies.
The property tax in turn at 1/3 each?
Thank you in advance.
reply to commentImmowelt-Redaktion on 04/12/2019 09:41
Hello and thank you for your comment,
How billing is usually regulated in the rental agreement. In principle, it is possible to allocate the chimney sweep to the tenants based on the number of people. In the absence of such an agreement, billing must always be based on living space, the only exception being the costs for heating and hot water, which must be billed proportionately according to consumption.
Best regards
the Immowelt editorial team
Jo on 04/07/2019 11:23
Hello,
I received our utility bill today and was very shocked. Can the landlord take the gas tank rental into account?
The emergency filling by a company was also taken into account. Can that be? There was an emergency filling because the landlord had failed to order gas in time.
In addition, 50% of the gas delivery was listed and should also be paid for. Is that legal? You can only pay for what was used, right?
Monthly additional costs are generally paid by us.
Thank you for your efforts
Reply to commentImmowelt-Redaktion on 08.04.2019 12:45
Hello and thank you for your comment,
In principle, the rent for the gas tank can be apportioned to the tenant via the ancillary cost statement if the apportionment of ancillary costs has been agreed in the rental agreement. In the case of heating costs, the law regulates how these must be passed on to the tenant. As a rule, at least 50 and at most 70 percent of the heating costs must be billed according to consumption. Usually because in a two-family house in which an apartment is occupied by the landlord himself, different regulations are possible. Unfortunately, we cannot finally clarify at this point whether an emergency filling can also be carried out, as we are currently not aware of any corresponding judgments. In principle, however, the landlord must consider an appropriate cost-benefit ratio when taking measures and decisions that affect the tenant's ancillary costs.
Finally, please note that we are not permitted to provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
tini on 03/27/2019 19:59
Hello, can someone tell me where I can have the utility bill checked
reply to commentImmowelt-Redaktion on 28.03.2019 11:03
Hello Tiny,
The local tenants' association can usually check this, as can a lawyer - but this is likely to be more expensive than the first option.
Best regards
the Immowelt editorial team
Evelyn on 03/24/2019 19:46
One question:
Home building insurance covers the entire house including the basement and possibly also the garage.
I live in a granny flat in the attic of a family house. The landlady lives in the ground floor apartment. I only have a tiny storage room in my apartment, but no storage room in the basement and no access to the basement or garage. I don't have access to the garden either. Is it then justified to calculate my share of the residential building insurance (which costs 600 euros) based on the pure living area ratio, so that I have to bear around 40% of the insurance costs? I feel disadvantaged by this. Is it possible to negotiate a different distribution key in such a case? I can't find any reference to such a special case in tenancy law. I would be grateful for any good advice.
Reply to commentImmowelt-Redaktion on 25.03.2019 11:13
Hello Evelyn and thank you for your comment,
You can of course try to negotiate a different apportionment scale with the landlord, but you have no legal right to this. § 556a BGB even expressly stipulates that the operating costs (and this includes residential building insurance) must be apportioned according to the proportion of the living space, unless the contracting parties have agreed otherwise.
Finally, please note that we are not permitted to provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Dada on 03/07/2019 08:56
Hello I have a question how do you calculate property tax and property insurance in rent because my landlord had calculated that we would share it. We lived together with the agent, he on the ground floor and we on the first floor
reply to commentImmowelt-Redaktion on 07.03.2019 10:47
Hello and thank you for your comment,
The agreement on this can usually be found in the rental agreement. If there is no agreement there, the operating costs (including property tax and building insurance) must be apportioned according to living space in accordance with § 556a BGB.
Please note, however, that we cannot provide legal advice. If in doubt, we therefore recommend talking to a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Peter Schneider on 02/16/2019 23:46
What happens when the NKA does not contain a date, was not sent by post, but was thrown in by the caretaker, which is also too late, the delivery witness is the caretaker's son, after a telephone complaint, a reminder with a backdated issue date is sent becomes? Exactly what happened to me. I am a recipient of basic security and cannot afford a lawyer, what can I do? The welfare office shrugs its shoulders...
reply to commentImmowelt-Redaktion on 02/18/2019 09:23
Hello Mr. Schneider,
Thank you for your comment. An ancillary cost statement does not necessarily have to be sent by post, it can also be put in the mailbox by hand. It is important that the billing period is specified first and that it comes on time. If the landlord does not send the tenant the utility bill within twelve months after the end of the billing period, this means that he can no longer demand additional payment. Backdating the statement later does not help either.
Please note, however, that we cannot provide legal advice. If the landlord continues to insist on an additional payment, we recommend talking to a tenants' association.
Best regards
the Immowelt editorial team
Sabine on 02/11/2019 13:56
In the ancillary cost statement, all items - electricity, stairwell cleaning, winter service, insurance and property taxes - plus VAT. There are several offices in the house - certainly entitled to deduct input tax - but as a tenant I am not. Is it correct?
Reply to commentHello and thank you for your comment,
Companies are entitled to deduct input tax, not private individuals. In that sense, that's correct, yes.
Best regards
the Immowelt editorial team
Ela 76 on 02/08/2019 21:14
I only lived in my last apartment for 9 months. Have monthly 180 € additional costs paid. During this time, my water consumption was only 4m3, as I often showered in the gym. My landlord now told me I would only get back €236 and this only when the garbage cans were gone. My question can be this amount? And can he keep the money back because of the garbage cans?
reply to commentImmowelt-Redaktion on 11.02.2019 10:31
Hello and thank you for your comment,
If the tenancy has ended and the utility bill shows that the tenant is entitled to repayment of a certain amount, the landlord must also pay this out. What connection there should be with the garbage cans at this point is not clear to us. Unfortunately, we cannot finally clarify remotely whether the amount of the repayment is appropriate. As a tenant, however, you have the right to inspect the receipts that your landlord used as the basis for the billing of the operating costs. We would recommend that you make use of this and have the bill checked legally if you have any further doubts, for example by a tenants' association or directly by a specialist lawyer.
Best regards
the Immowelt editorial team
Karin P.54. on 06.02.2019 15:29
Do I have to inform my landlord in writing that I will withhold the additional costs because I have not received an additional cost statement?
reply to commentImmowelt-Redaktion on 07.02.2019 09:17
Hello Karin and many thanks for your comment.
According to BGH case law, the tenant has a right of retention with regard to ongoing ancillary costs if the landlord breaches his obligations and fails to bill (Az.: VIII ZR 191/05). However, you should inform your tenant of this in writing.
Best regards
the Immowelt editorial team
Anja on 05.02.2019 20:30
Hello!
If my (ex-)landlord sends a registered letter with the utility bill for 2017 on December 26th, 2018, I'm not at home, the notification label is from December 28th, 2018 and I wasn't able to pick up the letter from the post office until 2019.
Does this still count as "delivered to the tenant on time"?
Thank you in advance!
Anja
reply to commentImmowelt-Redaktion on 06.02.2019 10:04
Hello Anja and thank you for your comment.
The Federal Court of Justice ruled as follows in a guiding principle decision (Az.: VIII ZR 107/08):
"(a) The deadline for billing the operating costs in accordance with § 556 Paragraph 3 Clause 2 BGB is only met if the tenant receives the bill within the period; the timely dispatch of the bill by the landlord is not sufficient.
(b) If the Lessor uses the post to transport the billing, the latter will act as a vicarious agent of the Lessor; in such a case, the lessor is also responsible for fault on the part of the post office in accordance with § 278 sentence 1 BGB (§ 556 paragraph 3 sentence 3 half-sentence 2 BGB) if unexpected and unforeseeable delays or postal losses occur on the postal route for the lessor ."
In this respect, we think it could look good for you. However, we cannot make a final assessment of this, because your case differs from the BGH case in that you picked up the letter. If your landlord insists on an additional payment, you should contact a local tenants’ association or a specialist lawyer for tenancy law.
Best regards
the Immowelt editorial team
Jessica on 01/23/2019 09:33
Hello,
As a tenant, do I have the right to receive a correction for NKA 2016 even though the 12-month cancellation period has expired? The statute of limitations is 3 years. With NKA 2017, we noticed that an incorrect allocation key was used for one item and that additional costs for vacant apartments were allocated. The allocation key has been corrected in NKA2017.
Thank you.
Reply to commentImmowelt editors on 23.01.2019 11:48
Hello Jessica and thank you for your comment,
If the tenant has any objections to the utility bill, he must report this within twelve months - otherwise the bill is considered to be tacitly accepted, so to speak. The situation is different with back payments from utility bills: Here the limitation period is the three years you mentioned.
Please note, however, that we cannot provide legal advice. In the event of a conflict, we recommend that you speak to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Sergey on 01/19/2019 20:22
Good evening,
The apartment I rented used to belong to another company. I have had a balance of 300 to 500 euros every year. Well, since the beginning of 2017 the apartment belongs to a new company. The statement for 2017 suddenly shows an additional payment of 1050 euros. The bills from the old company stated, for example: water supply - 550 euros, drainage 17 euros.
The invoice from the new company says: water supply - 550 euros, drainage - 980 euros.
Add some little things and it adds up to 1050 euros. Less credit for the heating 300 euros = I have to pay 750 euros. In addition, the monthly additional costs increase by 100 euros.
The apartment has 73 square meters.
I'm sure it can't be as I'm very frugal!
Someone says that the cost of drainage is included in the cost of water supply and the company just wants to rip me off.
I already wrote that you have to prove it to me. No reaction…
Please tell me what can I do?
reply to commentImmowelt-Redaktion on 21.01.2019 11:22
Hello Sergey,
As a tenant, you have the right to ask your landlord to show you the receipts that form the basis for the utility bill. Maybe that will bring some clarity. If this is not the case, or if your landlord does not want to show you the receipts, we would recommend that you have the ancillary cost statement legally checked, for example by a tenants' association or directly by a specialist lawyer.
Best regards
the Immowelt editorial team
Dianaon 06.01.2019 19:04
Hello everyone and Happy New Year
..I moved out of my rented apartment on October 2nd, 2018 and have not yet received any utility bills from 2017.
Unfortunately there has been trouble with the property management company HUS from Syke the whole time.
I have a forwarding request.
I have reminded HUS several times by email and my personal appearance ... without success ... what now ???
Thank you and best regards from Diana
reply to commentImmowelt-Redaktion on 07.01.2019 13:01
Hello Diana and thank you for your comment,
If the landlord misses the deadline - which was December 31, 2018 for billing for 2017 - then he can no longer claim additional payments for that year.
In addition, you may even be able to reclaim the advance payments for 2017 (BGH, VIII ZR 57/04). To what extent this applies to you and to what extent the landlord can defend himself against it, you should discuss with a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Wolfgang on 06.01.2019 10:50
Your answer from the Immowelt editorial team on January 4th, 2019, 1:19 p.m
Hello,
Thank you for the answer, I have a comment on 1):
With the 2017 utility bill handed over and criticized on December 28, 2018, the landlord has met the deadline for submission for the time being. The deadline for the landlord to submit a correct utility bill is now 31.12.2018. My well-founded objection will be received by him in mid-January 2019, the correction of invalid cost information from the landlord has now resulted in the contradiction.
What does "There simply has to be a correct statement by the end of this period." This has not been the case since the timely receipt of my justified objection in mid-January 2019.
Does the landlord now also have one month to object to my objection or is it unlimited, e.g. there is no reaction to my specific objection? In my opinion, this is effective on the date of my possible assertion of the credit from the objection if the landlord gives no or an invalid answer to my objection.
reply to commentImmowelt-Redaktion on 07.01.2019 12:18
Hello Wolfgang and thank you for your comment.
Our statement that the landlord must submit a correct statement at the end of the period should be supplemented to the effect that the landlord is entitled to correct an incorrect statement during the period, after which it is no longer at the expense of the tenant - probably to his advantage.
Since the deadline in your case expired at the end of the year, you now have one year to submit objections to the settlement - the 30 days in our answer refer to the usual deadline for how long the landlord has time, an undisputed one balance and not on the deadline for objections on your part. It doesn't matter whether the landlord responds to your objections as long as you stick to the one-year deadline. If the landlord doesn't react at all, or if the matter remains disputed, you may have to sue him. Before doing so, however, you should consult the local tenants' association or a specialist lawyer for tenancy law to check in advance whether the matter has any prospects of success.
Best regards
the Immowelt editorial team
Do I have something like this? on 01/04/2019 12:49 p.m
Hello dear readers,
I'm asking a stupid question...
If the utility requests a later date than that requested by the landlord....
It's a blatant scam, isn't it?
Reply to commentImmowelt editors on 07.01.2019 10:30
Hello and thank you for your comment,
It also seems Spanish to us that the bill is dated earlier than the supplier's copy of the bill.
As a tenant, you have the right to inspect the receipts and can ask the landlord to inspect the receipts.
Best regards
the Immowelt editorial team
Immowelt editorial team on 04.01.2019 13:38
Hello and thank you for your comment,
Your question is not entirely clear what you mean. In general, however, if the supplier's receipt does not fall within the billing period, then the landlord cannot use it to calculate the additional costs. In that case you would not have to pay these costs.
We recommend that you have the service charge statement checked to identify a possible error in it. You have twelve months after receipt of the statement to object.
Best regards
the Immowelt editorial team
Do I have something like this? on 04.01.2019 14:04
Well what I mean is this....
My landlord sends his utility bill (12/22/18) and attachment of the utility bill (dated 12/27/18)
It's not possible that it was calculated, is it?
Wolfgang on 04.01.2019 11:18
Hello, as a tenant, I have now received a statement of the 2017 rental charges, which is based on a statement based on ownership shares instead of using area shares and PBM (according to the lease!).
I will lodge a reasoned objection and declare the cost information in question to be incorrect and invalid. From the rest of the cost information, this results in a new result of the billing of the 2017 rental NK, namely a credit instead of an additional payment.
Questions: 1. How long can the landlord renew the statement?
2. Is the balance from the remaining valid cost information minus the advance payments to be paid by the landlord immediately or within what period?Thank you.
Reply to commentImmowelt editors on 04.01.2019 13:19
Hello and thanks for your comment,
1) The landlord is obliged to provide the tenant with a correct ancillary cost statement within 12 months of the end of the calculation period. This period is also retained in the event of improvements or new invoices. A correct statement must simply be available at the end of this period.
2) Once the amount of the credit has been clarified, the landlord is obliged to make an immediate repayment (within 30 days), unless the rental agreement states otherwise.
Finally, please note that we are not permitted to provide legal advice. If you have any doubts about the correctness of the statement, we would recommend that you submit it to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Dennis on 01/03/2019 12:56
Hello, I have a question about the billing item in my ancillary cost statement, namely 834 euros were charged for street cleaning. But at the given time there was no road because it was completely worn down. It was only rebuilt at the end of 2017. Can the landlord calculate this ? Thanks very much
Reply to commentHello Dennis,
Thank you for your comment. Costs for street cleaning are so-called apportionable additional costs. The owner has to pay this to the municipality and can then pass it on to tenants. In the case you describe, however, it seems possible that he would not have been obliged to pay at all because there was no road. However, this can only be determined in individual cases. If the street and, for example, the sidewalk remain completely unused and/or you think that the amount is too high, you can first have your landlord show you the receipts. It also makes sense to contact a tenants' association or a specialist lawyer, where you can get a legally reliable assessment of your case. It should be noted that we are not permitted to provide legal advice.
Best regards
the Immowelt editorial team
Melli on 31.12.2018 09:27
Hello, I received my utility bill on December 30th.
I have to pay 400€ afterwards, the largest item is chimney sweep and gas boiler with 675€. Can it be that this item is so expensive?
reply to commentImmowelt-Redaktion on 02.01.2019 16:02
Hello and thank you for your comment,
From a distance it is difficult to judge whether the items can really be that expensive. That depends heavily on the contracts your landlord has concluded with the respective service providers. As a tenant, you have the right to see the receipts from your landlord that served as the basis for the utility bill. If this also makes the statement incomprehensible to you, we would recommend that you have it checked legally, for example by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Steffi on 12/28/2018 3:13 p.m
Hello,
We received the statement for 2017 today, December 27th, 2018. Now I noticed that the landlord miscalculated our advance payments. I would now contradict. I'm sure I won't get the new statement this year. Have I understood correctly that if I do not receive the corrected invoice by December 31, 2018, it will become invalid? Thank you very much for an answer
reply to commentImmowelt-Redaktion on 28.12.2018 16:47
Dear Steffi,
Thank you very much for your comment. In accordance with § 556 agreements on operating costs, the tenant must notify the landlord of any objections to the statement by the end of the twelfth month after receipt of the statement at the latest. This means that objections to the utility bill must be made no later than the 12th month after receipt of the utility bill. Please
Best regards
Your Immowelt editorial team
Nazo76 on 21.12.2018 12:55
Hello,
We also received the utility bill for 2017, I'm always surprised that we pay a caretaker at €16,793, a cleaning service at €7,996.80, and the Vienna service at €1,709.67 per year. Can that be correct?
reply to commentImmowelt-Redaktion on 21.12.2018 13:44
Hello and thank you for your comment,
this ultimately depends on which contracts your landlord has concluded with the respective service providers. As a tenant, you have the right to see the receipts from your landlord that served as the basis for the utility bill. If this also makes the statement incomprehensible to you, we would recommend that you have it checked legally, for example by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Nazo76 on 21.12.2018 13:52
Hello,
One more question, this is certainly not economical and causes unnecessary costs.
caretaker does not live in the building and comes as he pleases.
As a tenant, can you oppose a caretaker? I mean, that the tenants don't accept this situation and the resulting costs?
Thanks for the replies.
Immowelt editorial team on December 21, 2018, 1:59 p.m
In fact, the so-called efficiency requirement applies to landlords. This means that a landlord is required to act as economically as possible within a certain scope of discretion. This also applies to the additional costs. If a landlord violates this principle of economic efficiency, this can lead to him being liable for damages to the tenant in individual cases. However, we cannot and must not provide legal advice and therefore cannot definitively clarify from a distance whether such a case applies to you. Of course, as a tenant, you have the right to object to the utility bill. Here, too, we would advise you to seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
kaan on 12/17/2018 5:10 p.m
Hello,
We moved into the apartment on 03/01/2016 (4 people).. So far we have not received any additional costs until a week ago we had our heating read off by phone (m values) sent a photo with WhatsApp.. my question would be now do I have to pay ancillary costs from 2016 to the present day? So have my e 2016 calculated too? Thanks in advance
reply to commentImmowelt-Redaktion on 18.12.2018 09:03
Hello and thank you for your comment,
The landlord is required by law to issue a statement within twelve months of the end of the billing period. He can only assert additional claims for this period. So if he sends a statement for the period from January 1 to December 31, 2017 in December 2018, he can only demand additional payments for this period, no longer for costs from 2016. Finally, please note that we do not offer legal advice allowed to afford. In the event of a conflict, we would recommend that you have the settlement checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
smtsln on 12/14/2018 00:21
Hello,
I also got my first utility bill and don't understand why I have to pay for pest control or building surveillance.. Also for the TÜV for the elevator, which doesn't work at all.. Please HELP..
reply to commentImmowelt-Redaktion on 14.12.2018 09:24
Hello and thank you for your comment,
Pest control and building surveillance costs can be charged to the tenant if they are incurred regularly and if this has been expressly agreed in the rental agreement. Of course, costs for a permanently defective elevator cannot be passed on, especially since the question arises as to what costs are actually incurred. In the case of a temporarily defective elevator, any regular maintenance costs should be allocated, but not repair costs.
Finally, please note that we cannot check your service charge statement from afar, also because we are not allowed to provide legal advice. If you have any doubts about their correctness, we would recommend that you submit the statement to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Resident on 13.12.2018 01:25
Hello,
I'm 19 years old and have now received my first utility bill for 2017. I wonder why I have to pay for items like "janitor service", "street cleaning fees", "maintenance" and "garbage disposal" at all. Aren't these included in the cold rent?
Thank you for your reply.
reply to commentImmowelt-Redaktion on 13.12.2018 09:26
Hello and thank you for your comment,
No, the items mentioned are not part of the cold rent, but are part of the ancillary costs according to the Ordinance on Operating Costs. In this respect, it is also correct if these are passed on to the tenant via the utility bill.
Best regards
the Immowelt editorial team
ele2308 on 07.12.2018 10:22
Hello, we received the utility bill for 2017 from the landlord.
Until 2016 we paid the building insurance of around 4500 euros per year.
But from 2017, building insurance will cost more than twice as much (1,200 euros). The landlord has taken out a new insurance contract with elementary damage after having flood damage in the basement in another location. Our house is listed and has no basement. But the insurance was taken out WITH Keller. Now to my question, do we have to pay the high amount of the building insurance or can I withdraw according to § 556 paragraph 3 BGB?
We have already talked to the landlord verbally, he also realized that the insurance is too expensive, he wants to cancel it and take it out somewhere else. But we are initially tied to the expensive building insurance for 3 years.
reply to commentele2308 on 07.12.2018 10:23
I made a mistake there, until 2016 we didn't pay 4500 euros per year, but only 450 euros.
Immowelt editors on 07.12.2018 11:23
Hello and thank you for your comment,
Landlords are bound by the principle of economic efficiency when it comes to billing for ancillary costs. This means that they are not allowed to pass on unreasonably high expenses to the tenant. Unfortunately, we cannot definitively clarify remotely whether this is the case in your case. Please also note that we are not allowed to provide legal advice. In the event of a dispute, you can obtain this from a tenants’ association or directly from a specialist lawyer.
Best regards
the Immowelt editorial team
claudi on 11/26/2018 4:41 p.m
Hello,
I have a question.
I moved into my apartment in March 2017 and have now received my first utility bill. The period is listed from the day I moved in until November. In other words, he has now settled 20 months at once. Accordingly, the bill is high.
as I understood it correctly, isn't that legal? He can only bill for 12 months, the landlord can no longer claim the months that have elapsed, right?
reply to commentImmowelt-Redaktion on 27.11.2018 09:24
Hello Claudi and thank you for your comment.
According to the law, the landlord must bill annually, i.e. the billing period is always 12 months. The German Civil Code states (§ 556 (3)): "Prepayments for operating costs must be settled annually... The tenant must be informed of the settlement at the latest by the end of the twelfth month after the end of the billing period."
It can be agreed, for example, that the billing period runs from 1.1. until 31.12. one year, but it is also possible, for example, to have the accounting period from 1.7. one year until 30.06. of the following year is running.
Billing over a 20-month period is not permitted.
Regarding the question of whether the landlord's claims are generally statute-barred, it should be noted that the statute of limitations begins 12 months after the end of the billing period. This means: If, for example, it has been agreed that the billing period will run from 1.1. until 31.12. running, the latest possible billing date is 31.12. of the following year. In this case, the landlord's claims from 2017 would have expired at the beginning of 2019. The fact that the tenancy only began during a current billing period is irrelevant. In your case, the landlord's claims would be for the period from March to December 2017, in which case the billing period was 1.1. until 31.12. agreed, only statute-barred at the end of 2018, the landlord could of course only charge you proportionately for those operating costs that have also arisen since the beginning of the tenancy.
If there are any discrepancies with your landlord, we advise you to consult a specialist lawyer for tenancy law or a tenants' association.
Best regards
the Immowelt editorial team
Wally on 11/20/2018 20:51
Wally12 - 11/20/2018
I've received my annual statement for 2017 and I just can't figure out how a co-default risk in social housing is calculated. Social housing
reply to commentImmowelt-Redaktion on 21.11.2018 11:09
Hello Wally and thank you for your comment,
The risk of loss of rent in social housing may not exceed two percent of the annual rent. In the calculation, 2.04 percent of the other running costs are usually used. A risk of loss of rent may not be recognized at all if the risk is secured in some other way.
Best regards
the Immowelt editorial team
Tine am 11/16/2018 6:45 p.m
Hello.
I have received my operating cost statement for 2017 and would like to ask whether the cold water costs can simply be allocated to the operating costs? And whether the landlord can simply change the amount of the billing company with Tip Ex. What do I think of this and is it legal? I would be grateful for feedback.
reply to commentImmowelt-Redaktion on 19.11.2018 09:36
Hello and thank you for your comment,
In principle, the costs for cold water can be passed on to the tenant. Of course, a subsequent change in the billing documents is suspicious. As a tenant, however, you have the right to inspect the originals from your landlord. We would recommend that you do that first and take this opportunity to have it explained to you how the change came about. If this does not bring clarity, you can have the bill checked legally, for example by a tenants' association or directly by a specialist lawyer.
Best regards
the Immowelt editorial team
Ennie on 11/15/2018 07:02
I have now also received my utility bill for 2017 and am amazed at the sum for caretaker and building cleaning in this new apartment. I compared the bills from the apartment I lived in before. The grand total alone makes a huge difference. In the previous apartment I counted 23 euros for the caretaker there. Here it is 224.61 euros. This also makes up the largest part of the billing. Is there a way to check if this is somehow comparable
reply to commentImmowelt-Redaktion on 15.11.2018 11:02
Hello and thank you for your comment,
There are. As a tenant, you have the right to see the receipts from your landlord that he used as the basis for the billing. The new caretaker may simply have more extensive tasks than the one in your previous apartment. If you still have doubts about the billing, you can of course have it checked legally, for example by a tenants' association.
Best regards
the Immowelt editorial team
moerdoc80 on 11/10/2018 3:52 p.m
Hello dear Immowelt editors,
This year we received a utility bill for last year (pro rata for three months because we only moved in in September).
The utility bill is several pages and appears to have given a total for the house of €15,734.15 each month for which we are to pay our share.
This gives us a cost of 120 euros for the operating costs every month. This seems disproportionately high to me, as does the monthly cost for an apartment building mentioned above.
Likewise, prepayments / ancillary operating costs are seemingly randomly deducted or do not appear at all, although they are paid every month.
Hold:
1.) the required sums are roughly correct?
2.) an examination by a lawyer makes sense?
Thank you for your help
reply to commentImmowelt-Redaktion on 12.11.2018 09:44
Hello and thank you for your comment,
Unfortunately, we cannot finally clarify from a distance whether the billing is correct overall, if only because we do not know what costs have actually been incurred. However, if the statement does not seem clean to you, you can first ask the landlord to see the receipts that serve as the basis for the statement. You as a tenant have the right to do this. If that doesn't bring you any clarity either, a legal review certainly makes sense, either by a tenants' association or, as you write, directly by a lawyer.
Best regards
the Immowelt editorial team
Jane on 11/01/2018 12:34
In my utility bill from this year, the building insurance from the last 4 years was included, the amount was 618 euros. I had to pay more than 300 euros, we are 3 people and 3 single tenants in the house. I went for a consultation with a specialist lawyer for tenancy law and he told me that everything was correct. This is a requirement that sometimes goes well beyond 12 months.
reply to commentImmowelt-Redaktion on 02.11.2018 09:28
Hello Jane and thank you for your comment,
According to Section 556, Paragraph 3 of the German Civil Code, the operating costs must be settled annually and the tenant must be informed of the settlement by the end of the twelfth month after the end of the settlement period at the latest. An exception is always possible if the landlord is not responsible for a delay. What reason did your lawyer tell you for which a subsequent calculation of the building insurance is permissible in this case?
Best regards
the Immowelt editorial team
Jane on 07.11.2018 08:08
(referring to my comment from November 1st) I had called the insurance company (Allianz) and asked how such a high additional payment came about. The answer was that the insured sum had not been adjusted and legally requested for the period of 4 years. The lawyer asked me have you contacted the insurance company? I told him so and he said it was correct.
loptev67 on 11/01/2018 09:36
Thank you very much, useful info! I found a lot of new things.
reply to commentSonja on 29.10.2018 13:28
I lived in a rented apartment up to and including 04/18. At the handover date, I got the rental deposit back in full because everything was tiptop. The landlady would like to settle the exchange of 4 room door locks with the accessory bill, since they are supposedly not there, which is not true. What are my options?
reply to commentImmowelt-Redaktion on 29.10.2018 2:42
Hello Sonya,
Thank you for your comment. When door locks need to be replaced, that's repair work. These cannot per se be passed on to the tenant via the utility bill. You can therefore request a new and correct statement from the landlord.
Best regards
the Immowelt editorial team
Castle on 26.10.2018 08:06
The consumption of the heating amounts to e.g. 1,001,000 HKV units, that is the reading. However, 2,849.847 HKW units are calculated under consumption.
I don't understand? Does anyone have any advice on what that means?
reply to commentImmowelt-Redaktion on 26.10.2018 09:27
Hello and thank you for your comment,
Unfortunately, that's hard to tell from afar. It's best to ask your landlord. You also have the right to see the receipts that form the basis of the utility bill.
Best regards
the Immowelt editorial team
Reichanette on 03.10.2018 00:30
I got the bill for the additional costs, and I'm supposed to pay 172.07 euros. .For fire protection 43.50,??? for pest control ???5.60, waste water has risen to 60 euros. Garbage management 4 .. 13.16 euros ??? Garbage management 6... 12.91 euros???? I have no idea what that is. .Had to pay for bulky waste last year? ?!!!And insurance 77.00 euros more...!!!This year insurance...57.00 less again..Last year additional payment 89.24 euros? ??This year...172.07 euros...don't understand all the posts!!
reply to commentImmowelt-Redaktion on 04.10.2018 09:40
Hello and thank you for your comment,
As a tenant, you have the right to see the receipts from your landlord that serve as the basis for the utility bills. It may also bring clarity if you let the landlord explain it to you. If the ancillary cost statement still does not seem conclusive to you, we would recommend that you have it legally checked. Many tenant associations offer such a service for a small fee.
Best regards
the Immowelt editorial team
Maria on 02.10.2018 13:23
Hello,
We have received our utility bills, among other things the property tax is listed there, which is also OK. is. However, the property tax amount is divided by 2 apartments. Our apartment has an area of 135 sqm and the other of 270 sqm plus large garden area. Is that correct then that this is shared by 2 parties. Especially since that is not an insignificant amount. If nothing is agreed upon in the rental agreement.
reply to commentImmowelt-Redaktion on 02.10.2018 13:46
Hello Maria and thank you for your comment,
Unless the tenant and landlord have agreed otherwise, the operating costs must be apportioned according to the proportion of the living space. This results from § 556a, paragraph 1 BGB. A division of the property tax according to residential units would be possible in principle, but must be agreed. Please note, however, that we do not know your rental agreement exactly and therefore cannot make a definitive assessment of it from afar. In the event of a dispute, we would advise you to have your utility bills checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Ronny41 on 09/30/2018 09:29
Hello,
I only received my utility bill for 2017 on 09/26/2018 after repeated inquiries. I moved out on October 31st, 2017, so the landlord's deadline had almost passed.
The accounting seems to me to be clearly too high and incorrect, so I would like to object.
Do I have to have an amendment to the additional costs or a reaction from the landlord by October 31, 2018, so that it is on time? If my landlord only reacts in November, does this mean that the utility bill is invalid?
reply to commentImmowelt-Redaktion on 01.10.2018 09:16
Hello and thank you for your comment,
First of all, it should be mentioned that the tenant must receive an ancillary cost statement twelve months after the end of the statement period. This does not mean that the tenant has to receive it twelve months after the end of his move out. For example, if the billing period runs from January 1 to December 31, 2017 and the tenant moves out at the end of October 2017, he does not have to receive the statement by October 2018, but the landlord has until the end of December 2018 to do so. In this case, a correction of the statement is also possible until the end of December 2018. A correction after the end of the settlement period is only possible in exceptional cases, for example if the landlord is not responsible for a certain error or is surprised by a late cost calculation.
Finally, please note that we are not permitted to provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Ines on 09/16/2018 19:45
Hello,
I received my service charge statement 3 days ago.
Now the problem is that the landlord has a billing period from October 1st to December 31st. 2018, but the company bills for heating and hot water until February.
Now we're supposed to pay 390€ because they didn't include our advance payment for January and February.
When asked, it was only said that it would be offset again when you moved out.
Is that legit?
reply to commentImmowelt-Redaktion on 17.09.2018 09:25
Hello Ines,
Thank you for your comment. In a billing period, the landlord may only charge for those costs that have been incurred during this period. If he demands further costs, tenants can demand a corrected statement. Finally, please note that we cannot assess your utility bills remotely, also because we are not allowed to provide legal advice. In the event of a dispute, we recommend that you speak to a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Tenant88 on 09/12/2018 08:11
Hello,
A few months ago I received my utility bill for 2016.
I was supposed to pay more than 1000 euros, the heating costs alone were listed as more than 1000 euros. I then lodged an objection with the landlord, as I was often not at home that year and therefore did not heat much.
Now the landlord sent an e-mail with the statement that there were no errors in the heating costs, but that the previous administrator had not included all the costs that could be apportioned.
I was also sent various receipts.
But I'm sure that something can't fit.
What can I do?
Greetings
Reply to commentImmowelt editors on 12.09.2018 13:44
Hello Tenant88,
Thank you for your comment. In this case, we would like to recommend that you go to a legal expert, a specialist lawyer or to the tenants' association.
Best regards
Your Immowelt editorial team
diana.roegnitz on 09/03/2018 17:18
Hello, I have also received my utility bill and am supposed to pay 1300 euros. Apparently it was just thrown in the mailbox and was backdated to 08/08/2018. Is that legit? We are 2 people who live in a 42 square meter apartment and are now supposed to pay 117 euros more per month, i.e. 260 euros in additional costs, since we are in training we cannot afford that either. What can we do now?
reply to commentImmowelt-Redaktion on 04.09.2018 08:58
Hello and thank you for your comment,
As far as the time of delivery of the utility bill is concerned, it is important that the tenant receives it no later than one year after the end of the billing period. For example, if the billing period ends on December 31, 2017, the tenant must receive the bill by December 31, 2018 at the latest, otherwise the landlord may no longer make any additional claims. It doesn't matter whether the landlord throws in the statement himself or sends it by post.
As far as the amount of the additional payment and the new deduction is concerned: Unfortunately, we cannot judge from a distance what this results from. As a rule, this should be apparent from the statement itself. If this does not bring any clarity, you as the tenant have the right to inspect the receipts that served as the basis for the settlement from the landlord. If that doesn't bring any clarity either, or if you have doubts about the legality of the statement, you should have it checked legally. Most tenant associations, for example, offer such a service for a small fee. There you will also find out how you can take action against an incorrect ancillary cost statement.
Best regards
the Immowelt editorial team
Bea on 09/03/2018 16:54
Hello and good day,
My landlord charges me more for water than my water meter shows. We have calibrated water meters in all apartments, now the landlord tells me these water meters are flow meters and are subject to tolerances and pressure fluctuations.
You may charge up to 20% more because of this difference.
Is it correct despite the calibrated water meter throughout the house?
Thank you for your reply
reply to commentImmowelt-Redaktion on 04.09.2018 08:49
Hello and thank you for your comment,
In fact, it can happen again and again that the individual meter readings add up to a lower amount than what the main meter shows. It is precisely this difference that landlords are allowed to pass on to the tenants according to their individual consumption if it does not make up more than 20 percent. At least that's how the case law currently sees it. Finally, please note that we cannot remotely assess the correctness of your utility bill. If you have any doubts, we recommend that you have them checked by a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Elke on 08/30/2018 18:43
Hello, here is my question
I live in an apartment building, in my utility bill the item -div. Small repair on the object, maintenance- listed. Total 1826 € of which I should pay 102 €. Is that right?
reply to commentImmowelt-Redaktion on 31.08.2018 09:02
Hello Elke and thank you for your comment,
Maintenance and repair costs do not belong to the apportionable ancillary costs and must not appear in an operating cost statement. This results from § 1 II 2 of the Operating Costs Ordinance. Please note, however, that we do not know exactly what your utility bill is and therefore cannot definitively assess its effectiveness remotely. We are also not allowed to provide legal advice. In the event of a dispute, we therefore recommend that you speak to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Nicole on 08/28/2018 18:58
Hello, my question:
I gave up my grandparents' apartment on April 30, 2016. The garden maintenance and stairwell cleaning columns of the utility bill have a difference of €4000 compared to the previous year.
Billing period 08/01/15 - 04/30/16 . May the property management include invoices for garden maintenance and stairwell cleaning in the utility bill that arose AFTER the end of the tenancy (according to the date)?
reply to commentImmowelt-Redaktion on 29.08.2018 09:18
Hello Nicole,
Thank you for your comment. Generally it is possible, yes. In this case, however, the costs may not be charged for the entire twelve months, but only proportionately for the period in which the rental agreement ran. Unfortunately, we cannot remotely clarify where the difference to the previous year comes from. However, you have the right to see the receipts from the landlord that serve as the basis for the billing. If this does not bring clarity either, we would recommend that you have the bill checked legally, for example by a tenants' association.
Best regards
the Immowelt editorial team
Pepsi1974 on 08/20/2018 17:44
I have a question: we paid 31.15 euros for the lighting in the 6-party house (no elevator, no heating in the hallway) for 2016 and this year we should pay 231.03, i.e. 200 euros more. How can it be? The lady says it's possible that Rheinenergie read the distributor in the house earlier, for example at the end of December instead of the end of January?! .. still don't understand the high costs. Unfortunately, I'm not in the Tenants' Protection Association. Can I have this checked by the consumer advice center?
reply to commentImmowelt-Redaktion on 21.08.2018 09:45
Hello Pepsi1974,
Thank you for your comment.
In principle, you have the right to view the receipts for the utility bill from the landlord or the administration in order to check the plausibility. Incidentally, according to the ruling of the BGH, the landlord may in some cases bill the operating costs according to the outflow principle instead of the performance principle, at least if this does not result in an unreasonable disadvantage for the tenant (outflow: what was billed to the landlord in the year; Performance: Those costs based on actual consumption during the billing period). We cannot judge from a distance whether the outflow principle is permissible in your case. If an amicable clarification with the landlord is not possible, we advise you to consult a tenants' association or a lawyer specializing in tenancy law.
Best regards
the Immowelt editorial team
doro42 on 15.08.2018 18:30
I have a question:
So far (more than 10 years) in our 4-family house in the NKA, the garbage collection was billed according to person and garden maintenance according to WE, as agreed in the rental contracts.
Now these costs are distributed over the living space. There are sometimes additional and reduced costs of over EUR 100 compared to the previous calculation.
Upon request, the landlord justifies this change with a current court decision.
Is this billing change (subsequent, unilateral without prior notice) allowed?
reply to commentImmowelt-Redaktion on 16.08.2018 08:20
Hello and thank you for your comment,
The landlord has the option of unilaterally changing the allocation scale for operating costs whenever the rental agreement provides for such a right or if the current allocation scale puts one of the tenants at a significant disadvantage. What judgment is your landlord based on exactly?
Best regards
the Immowelt editorial team
doro42 on 08/16/2018 13:49
It must be a relatively recent judgment from the Düsseldorf/Neuss area.
A tenant had complained about the allocation key (for garbage collection?).
The court did not calculate the levy based on people but on living space.
The landlord then changed the allocation key for all tenants.
Tenant75 on 08/14/2018 16:04
Hello,
The landlord checked the water level meter in June 2018...but the billing period is 01/01/2017 - 12/31/2017
There are 4 people living in the household, but only 3 people lived in this apartment in the period from 08/10/2017 to 06/27/2018.
How can I proceed to get a clear water bill and is such a bill legal?
Thank you in advance
reply to commentImmowelt-Redaktion on 08/15/2018 08:46
Hello and thank you for your comment,
The water costs do not necessarily have to be passed on to the tenant according to the number of people. But if that is the case, it must of course be done correctly. This also means that the meter must be read at the right time. If you have any doubts about the correctness of your utility bill, we would recommend that you first have it checked legally, for example by a tenants' association or a specialist lawyer. There you will also find out how you can continue to take action against incorrect billing.
Best regards
the Immowelt editorial team
Urban_classix on 08/07/2018 23:37
Hello,
May the landlord include an invoice for the maintenance of the heating system from March 2018 in the 2017 statement?
reply to commentImmowelt-Redaktion on 08.08.2018 08:49
Hello and thank you for your comment,
Yes, this is possible if the invoice relates to maintenance work carried out during the billing period.
Best regards
the Immowelt editorial team
Urban_classix on 08/08/2018 09:20
In this case, the maintenance would be performed in February 2018.
Greetings
Bea on 08/06/2018 00:03
Hello.
In my ancillary costs, the item "rent loss risk" has been stated for years, approx. 50 euros per year.
Someone said this is not a ski resort.
Is that true, even if it says so in the rental agreement?
reply to commentImmowelt-Redaktion on 06.08.2018 10:51
Hello Bea and thank you for your comment,
Loss of rent risk may be permissible in social housing if the landlord has no other form of protection, for example someone who has vouched for the payment of the rent. In the case of privately financed apartments, a risk of loss of rent cannot be passed on to the tenant even if this has been agreed in the rental agreement.
Please note, however, that we know neither your living situation nor your rental contract and therefore cannot make a definitive assessment of the situation from a distance. If in doubt, we therefore recommend that you seek legal advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Tom 08/03/2018 16:15
Hello,
In my ancillary costs statement for 2017, additional payments for the property tax were claimed. These amounted to around €900. Retroactive to 2017/18. My landlord has known about the increase since July 2017, but has not passed it on. Do I have to pay property tax retrospectively?
reply to commentImmowelt-Redaktion on 06.08.2018 08:24
Hello Tom and thank you for your comment,
It is regulated by law that the landlord must account for the operating costs once a year and no later than twelve months after the end of the accounting period. Therefore, a landlord can also settle the property tax from 2017 in 2018. If you still have doubts about the legality of your utility bill, we recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Moriz on 08/02/2018 16:32
Hello,
I have received the operating and heating cost statement for 2017.
This shows an additional payment of EUR 776.59.
What struck me here is the cost of water supply (water and drainage)
from EUR 213.39 to EUR 862.39.
Furthermore, the drainage costs have increased from EUR 375.53 to EUR 672.35.
What is the best way to go about this?
Greetings from Neuss
reply to commentImmowelt-Redaktion on 03.08.2018 08:42
Hello and thank you for your comment,
The increase is of course noticeable, but there may also be good reasons for it. As a tenant, you have the right to see the receipts from the landlord that serve as the basis for the utility bill. You should make use of this and, if necessary, have the landlord explain to you how the higher costs for the water supply come about. If that does not bring clarity, you can also have the utility bill legally checked. Most tenant associations will do this for you.
Best regards
the Immowelt editorial team
Bernhard W on 07/30/2018 15:51
Hello, the 2017 utility bill for my rented apartment states a fresh water consumption of 304 cbm for the entire house. However, the requested receipt from the supplier shows for the period 1.1. until 31.12. consumption according to meter readings of 253 cbm. In addition, the cbm price is well above the reported supplier price. So far there has been no explanation. Is this a scam or am I missing something?
Thank you in advance and best regards
reply to commentImmowelt-Redaktion on 31.07.2018 08:47
Hello and thank you for your comment,
Unfortunately, from a distance, we cannot definitively judge what caused this discrepancy. If the landlord does not explain this to you either, we would recommend that you have the statement legally checked. This can be done, for example, with a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Marjan on 07/25/2018 14:17
Hello my life partner and I live at the same address, he is in the back building and I am in the front building. We each got our statement yesterday and what we noticed is that in the statement for 2017
1. Fuel consumption 01/14/2018 and2. Equipment rental cold water 28.01.2018 and3. Basic fee water meter 28.01.2018With is listed. Is this correct if items from the beginning of 2018 are included in the 2017 statement.
Thank you in advance
Reply to commentHello Marjan and thank you for your comment,
The landlord may only pass on such costs to the tenant in the utility bill that were also incurred in the billing period. However, after the billing period in question, energy suppliers also need a certain amount of time to prepare the bill. It is possible that the data listed is simply the respective invoice date. In this case it would be allowed. Please note, however, that we do not know your statement exactly and that we are not allowed to provide legal advice. In the event of a dispute, we therefore recommend that you speak to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
bine68 on 07/18/2018 13:41
Hello, my landlord charges 180 € per year for street cleaning, footpath cleaning, entrance-front garden maintenance and house cleaning/general. There is no street cleaning by the city, nor is there a footpath. Front garden maintenance is carried out by the landlady herself . But I have never seen the street or the house being cleaned. Are these costs acceptable?
Reply to commentImmowelt-Redaktion on 18.07.2018 13:45
Hello and thank you for your comment,
Of course, landlords may only charge such ancillary costs that actually arise. As a tenant, you have the right to inspect the relevant receipts from the landlord and thus check that the billing is correct. We would recommend you to make use of it first. If this does not bring clarity or there is no evidence for the items in question, you should object to the statement. Please note, however, that we cannot provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
actros09 on 07/18/2018 11:15 am
Hello, are the tax consultants included in the ancillary cost statement?
reply to commentImmowelt-Redaktion on 18.07.2018 13:10
Hello and thank you for your comment,
The costs for the landlord's tax consultant are part of the administrative costs. These cannot be passed on to the tenant.
You can find more information on apportionable and non-apportionable operating costs in our article at the following address: ratgeber.immowelt.de/a/umlagefaehige-nebenkosten-das-duerfen-vermieter-abrechnung.html
Best regards
the Immowelt editorial team
raffaello78 on 16.07.2018 19:10
Hello, I live in a block of flats, the bill for 2017 has come and the amount we have to pay has tripled. We compared it to 2016 and the only thing that changed was the insurance, it went up by €500. Can it be that we have to pay that much?
reply to commentImmowelt-Redaktion on 17.07.2018 09:20
Hello and thank you for your comment,
Unfortunately, we cannot say from afar how exactly this increase comes about. However, we would recommend that you ask your landlord to inspect the relevant documents. As a tenant, you have the right to do so. If the ancillary cost statement is still not clear to you, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Ivonne on 22.06.2018 10:14
Our utility bill includes smoke detectors, heating system maintenance and chimney sweeps. This work was carried out during the renovation while the house was vacant. We only moved in after the renovation in August 2017.
Do we still have to pay for this work even though it was done in January?
reply to commentImmowelt-Redaktion on 22.06.2018 12:11
Hello Ivonne and thank you for your comment,
When the work was carried out is irrelevant in this case. The landlord can still pass the costs on to the tenant proportionately, but of course only for the period in which the rental agreement ran.
Best regards
the Immowelt editorial team
Marie on 06/10/2018 16:58
My daughter received a utility bill for 2017
there is also an amount for tv cable etc.
but when she moved in, she still had a contract with unitmedia and the landlord didn't want them in the house
Then she was connected to the house's own contract partner by the landlord, but my daughter only saw snow on TV, she told the landlord but nothing happened
After that, my daughter had to sign a contract with Telekom and still has to pay around €15.00 per month to the landlord in the additional costsreply to commentImmowelt-Redaktion on 11.06.2018 11:37
Hello Marie,
Thank you for your comment.
In principle, a landlord can also bill cable fees as operating costs if this has been agreed in the rental agreement - this also applies if the tenant (additionally) concludes another contract with another provider. However, it can look different if the calculated and guaranteed service is not provided: The landlord therefore also delivers what he bills for. We recommend first a clarifying conversation with the landlord. If this remains unsuccessful, we advise you to consult a tenants' association or a specialist lawyer for tenancy law.
Best regards,
the Immowelt editorial team
Mandy on 05/22/2018 13:25
My friend rented a garage in January 2017, with a granny flat above it. All total has 55m2. We have now received the NB for 2017. We're supposed to pay over 600 extra. Problem: The lease only lists ancillary costs such as electricity and water. However, property tax, building insurance of over 170 euros and sewage (there is no working shower, toilet or sink) were also calculated in the statement. For us, this reckoning is definitely wrong. Because these additional costs are definitely not in the rental agreement. Also, the specific period (only 2017) is not given and the distribution key is missing. Now he doesn't accept the contradiction and he thinks everything is correct. Can we really only go through a lawyer now?
reply to commentImmowelt-Redaktion on 23.05.2018 10:25
Hello Mandy,
Thank you for your comment. In principle, landlords can only charge for those operating costs that have also been agreed in the rental agreement. However, it can be sufficient if the rental agreement states that operating costs are billed in accordance with the Ordinance on Operating Costs - then the individual items do not have to be listed separately.
We advise you to consult a tenant protection association or a specialist lawyer for tenancy law if necessary.
Best regards,
the Immowelt editorial team
Nicole on 05/15/2018 21:34
Up to now, my mother has always done our garden for 8 people and received money (check) from the landlord for each annual statement for the past year, which was settled proportionately by each tenant in the annual statement. For health reasons, my mother has handed over the garden maintenance for this year, our landlord canceled her check for this year, which was actually for 2017, on the grounds that he is paying in advance. But billed each tenant for garden maintenance for 2017. I hope it is somewhat understandable
reply to commentImmowelt-Redaktion on 16.05.2018 10:12
Hello Nicole,
Thank you for your comment. If there was a (contractual) agreement (and that's how you describe it), your mother should be entitled to payment for the gardening work done. On the other hand, a landlord may only charge those agreed additional costs that have actually been incurred. However, we would like to point out that we cannot conclusively assess the situation from afar. In the event of a dispute, you should therefore contact a local tenants’ association or a specialist lawyer for tenancy law.
Best regards,
the Immowelt editorial team
Judith comb on 05/08/2018 10:50 am
Hello
My utility bill was set for the period from 03/01/17 to 03/01/18, now it is the case that a roommate lived here from 03/01/17 to 12/01/17. There was a joint rental agreement and a rescission agreement signed by all parties on 1.12.17. Can my landlord only request additional payment from me. In the resolution it is clear that the party that has moved out can be used up to 1.12 in the event of costs incurred in the tenancy.
Reply to commentHello and thank you for your comment,
In the case of a joint rental agreement signed by all tenants, the tenants are jointly and severally liable. This means that the landlord can also demand the entire rent and, if necessary, the additional payment from each tenant.
Please note, however, that it is difficult for us to conclusively assess individual cases from afar and that we are also not allowed to provide legal advice. In the event of a conflict, we therefore recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Evergreen on 04/29/2018 08:13
Hello,
We have an additional payment for our NKA, mainly because the garden maintenance section is included.
Our rental agreement does not list any garden maintenance, just a few months ago we received a letter from the property manager stating that this garden maintenance has to be paid for monthly...
In my opinion, that is invalid because it is not noted in the rental agreement or the rental agreement was not adjusted and not signed by us. Or am I wrong?
Thanks in advance!
Reply to commentHello Evergreen,
Recoverable ancillary costs may only be passed on to the tenant if this has been agreed in the rental agreement. Instead of listing all common ancillary costs, landlords can also use the wording "operating costs" in the contract. This means that all common costs are clearly set out. Operating costs that count as "other" should be explicitly named. However, garden maintenance is not one of the "other operating costs" - this includes, for example, drinking water analysis or the maintenance costs for smoke detectors.
Please note that we cannot provide legal advice. You can get this from the tenants’ association or from a specialist lawyer.
Best regards
Your Immowelt editorial team
Ralf1982 on 03/25/2018 22:11
Hello, my landlord had a turf with automatic irrigation installed. Now he has turned the water consumption into ancillary costs and the chimney sweep even came twice. Do I have to pay for all of this?
Thank you
reply to commentImmowelt-Redaktion on 26.03.2018 10:33
Hello and thank you for your comment,
if the billing of the ancillary costs has been effectively agreed in the rental agreement, tenants must also bear these costs. It is difficult for us to judge from a distance whether this is the case in your case. We would therefore recommend that you submit your rental agreement and utility bill to a tenants' association. You will receive legal advice there.
Best regards
the Immowelt editorial team
Bali67 on 03/19/2018 20:57
Hello, I've only just noticed that in 2017 the garbage fees for 2015 and 2016 were included in the utility bill. Is this allowed, because the notice of fees only came in 2016 for these years?
reply to commentImmowelt-Redaktion on 21.03.2018 12:11
Hello and thank you for your comment,
Such late billing could only lead to additional claims if the landlord is not responsible for the delay himself. Unfortunately, we cannot judge from a distance whether this was the case for you. If you have any doubts about the legality of the bill, you can have it checked by a tenants' association or a specialist lawyer, for example.
Best regards
the Immowelt editorial team
Joerg78 on 09.03.2018 20:56
Hello... are heating maintenance and repairs as well as the delivery of fuel to be passed on to tenants... I should pay for this. I live in a house with 12 parties. Thanks in advance
reply to commentImmowelt-Redaktion on 03/12/2018 08:49
Hello and thank you for your comment,
The regular heating maintenance and the costs for fuel can be passed on to the tenant via the ancillary cost statement, provided this is agreed in the rental agreement. In principle, repair costs cannot be passed on to the tenant via the ancillary cost statement.
Best regards
the Immowelt editorial team
Reiner4711 on 02/15/2018 13:47
I found out from an NK statement that the landlord in a 6-family house allocates 46% of the total heating costs to one apartment. Survey via evaporator tubes. Evidence seems to be correct. But it's still illogical, isn't it?
Reply to commentHello and thank you for your comment,
While such a high proportion of consumption is unusual, it is theoretically possible. In this respect, we can only advise the tenant concerned to have the landlord's receipts and, if necessary, the tube themselves checked. The local tenants' associations usually help with this.
Best regards
the Immowelt editorial team
Fredfeuerstein on 04.02.2018 16:13
I rented 2 apartments in the same building. May the landlord, without prior consultation, offset the credit from the ancillary cost statement for one apartment against an additional payment claim for the other apartment?
reply to commentImmowelt-Redaktion on 05.02.2018 11:16
Hello and thank you for your comment,
Unfortunately, we are not aware of any court judgment in which such a case has ever been decided. There is no regulation in the Civil Code either. In this respect, we can unfortunately only advise you to take advice from a specialist lawyer or a tenants' association if you want to take action against the utility bills.
Best regards
the Immowelt editorial team
Mone425 on 01/26/2018 21:23
Hello, I have a question about my NKA.
What could possibly be with the additional costs for heating and the costs for the Hzg device? Is the landlord trying to pass on the costs of the numerous heating repairs in winter 2016 to me?
Thank you in advance for the reply.
reply to commentImmowelt-Redaktion on 29.01.2018 10:06
Hello and thank you for your comment,
Unfortunately, we don't know what the post in question means either. However, as a tenant, you have the right to inspect all the receipts from your landlord from which your ancillary cost statement results. Any allocation of repair costs to the tenant would in fact not be permissible.
Best regards
the Immowelt editorial team
Veggi on 26.01.2018 19:56
Claudi,
on October 7th, 2016, I received an ancillary cost statement for the period from June 1st, 2015 to May 31st, 2016.
Today 01/26/18 the next statement for the period 03/01/16 to 02/28/17 which I cannot understand.
Hasn't the time passed too? What should I do?
Best regards
reply to commentImmowelt-Redaktion on 29.01.2018 10:02
Hello and thank you for your comment,
The landlord must send the tenant the utility bill no later than one year after the end of the billing period. The statements that you have received are within this period. In this respect, any subsequent demands can be quite effective. If you have any questions about billing, it is best to contact your landlord directly. As a tenant, you have the right to see the relevant receipts. If that doesn't bring any clarity either, you can have your utility bill checked, for example by a tenants' association.
Best regards
the Immowelt editorial team
veggi on 30.01.2018 13:57
Hello, thank you for your reply.
You write that the statement must be delivered no later than 1 year after the end of the statement period. Since the last statement was up to 5/31/16, the date for the new statement should be 12/31/17 at the latest. Or
Best regards
Immowelt editorial team on 01/30/2018 2:14 p.m
In this case, a year means a period of twelve months. If the billing period ends on May 31, 2016, the latest possible date for the utility bill is May 31, 2017.
Best regards
the Immowelt editorial team
Tenant1975 on 01/22/2018 22:19
I only received a NAK from November 1st, 2015 to October 31st, 2016 in January 2018. The letter was probably sent in personally by the rental company and therefore has no postmark. However, the letter is also dated December 13, 2017. In addition, there is talk of an allocation of 50% basic costs of usable area (my apartment has approx. 120 square meters) 557 square meters and 50% consumption costs. DS doesn't quite make sense to me. What is the best way to do this? Oh yes, the company that determines the heating costs was here in November last year and their letter is also dated November 20th, 2017. That can't work out with the billing period. Thanks in advance.
reply to commentImmowelt-Redaktion on 23.01.2018 08:41
Hello and thank you for your comment,
Regardless of the content of the statement: it must be with the tenant twelve months after the end of the statement period. If this is not the case, tenants no longer have to pay any additional claims. This is regulated in Section 556 of the Civil Code. Tenants who receive a late bill can therefore point this out to their landlord. However, should disputes arise, we recommend that you seek advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Zsigmond on 01/17/2018 09:53
Hello, I would like to ask what can you do? We moved on November 1st, 2015, and we still haven't received an ancillary cost statement, the landlord says the payer broke, jerks or something, and he says with an ancillary cost statement shouldn't I calculate anymore! what can I do?
Thank you
reply to commentImmowelt-Redaktion on 17.01.2018 12:09
Hello Zsigmond,
Thank you for your comment.
The landlord cannot make it that easy for himself: He is also obliged to bill the additional costs if a meter is defective. If he (which is the norm) is obliged to bill heating costs based on consumption, the tenant may even be entitled to a reduction if the landlord does not bill based on consumption (§ 12 of the Heating Costs Ordinance).
Since we cannot answer your specific case from afar, we recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
ralf59 on 16.01.2018 12:21
Hello, I have a question, I moved into a rented apartment on December 1st, 2016 and have now received an additional claim for a month in which I haven't even lived in this apartment. My question, can user switching costs be passed on to the new tenant? Furthermore, I only used 1.451 m³ of water and have to pay for 7 m³ of waste water. Isn't it the case that water consumption is identical to waste water consumption?
reply to commentImmowelt-Redaktion on 17.01.2018 11:46
Hello ralf59,
Thank you for your comment.
The waste water can be higher than your consumption, since the waste water also includes, for example, the precipitation water - i.e. rainwater - that is discharged. These fees for house and property drainage can be passed on to the tenant in accordance with Section 2, Paragraph 3 of the Ordinance on Operating Costs, provided this has been agreed in the rental agreement.
Regarding your question about the additional claims, you have unfortunately not specified which costs you mean exactly. In principle, the agreed costs are to be paid from the beginning of the tenancy even if the tenant moves in later. If you mean the costs incurred for an interim reading of the meter by user switching costs, this is usually a matter for the landlord, the BGH ruled (Az.: VIII ZR 19/07). It has not yet been finally clarified legally whether something else can be effectively agreed in the rental agreement.
Best regards
the Immowelt editorial team
derfonz68 on 03.01.2018 13:31
Happy New Year,
...or not.
On December 28, 2017, I received an NKA for our apartment building from 2013 to 2016, although I know that I only have to consider the one from 2016.
What makes me suspicious is:
[1.] The period of residential building insurance is always 01.10. - 01.10. and not as usual 1.1.- 31.12. calculated, what about the missing two months of the calendar year?
[2.] The sum insured for home building insurance has increased every year since 2013:
2013 FS = €266,000
2014 FS = €271,000
2015 FS = €276,000
2016 FS = €280,000
... whereby a "premium adjustment to the increased claims expenditure" is always specified (on the insurance bill).
The contribution increased annually from €223.70 to €410.78 today. Is that common?
The service charge statement was handed over personally on a handwritten sheet of paper, with a short letter and copies of the invoices.
I find all of this very strange, because the increase in costs would have been better added to the additional costs instead of asking for such horrific sums just after Christmas. As already written, I only agree with the billing for 2016 anyway.
Is there anything else I need/should consider before I pass this on?
MfG
F. mason
Reply to commentHello and thank you for your comment,
As you have already correctly noticed, a service charge statement must be received by the tenant twelve months after the end of the statement period. If this is not the case, the landlord can no longer demand additional payments. The BGB also stipulates that the operating costs must be invoiced annually. However, the landlord is free to bill from October 1st to September 30th, for example. A billing period from January 1st to December 31st is quite common, but not mandatory. Unfortunately, we cannot make a definitive assessment of the increase in the premium for the insurance from afar. As a tenant, however, you may view the relevant receipts from your landlord if he has not sent them to you. If anything is unclear and there is a conflict with the landlord, we recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
anne60 on 01/03/2018 02:27
Hello,
Now I could really use a specialist lawyer, does anyone know of a "biter" who advocates for tenants' rights? Sorry, only had bad experiences so far.
In November 2017, I received the bill for 2016, listed are water costs of EUR 570.00, according to the bill from the water supplier my landlord gets EUR 170.00 back, but does not want to pass it on to us because we that should NOT interest what is on the bill, but what we have consumed in the whole of 2016, i.e. EUR 570.00. We are already paying monthly deductions for all NK, we are supposed to pay almost EUR 600.00 for the whole of 2016, and still alleged contaminated sites from 2015, although we have already paid EUR 266.00 more. Can an RA check the billing?
reply to commentpatrick93 on 30.12.2017 19:29
Hello,
I received my bill for ancillary costs in the period from May 1st, 2016 to December 31st, 2016 and I am supposed to pay almost 200 euros afterwards, I pay the same ancillary costs as my previous tenants, although there were 2 of them! And my landlord said that they always got there! I'm hardly at home.
Please help !
reply to commentImmowelt-Redaktion on 02.01.2018 16:41
Hello patrick93,
Thank you for your comment. Unfortunately, we cannot assess your case remotely and are not allowed to provide individual legal advice.
As a rule, the landlord must clearly show in the ancillary cost statement how the costs are made up. If you have doubts about the amount of the additional costs, you also have the right to see the receipts for the respective costs directly from the landlord.
If you are unsure, we recommend that you contact a tenants' association or a specialist lawyer for tenancy law directly. They can check the utility bill for you and advise you on how to proceed.
Best regards,
the Immowelt editorial team
Jaroslav Vesely on 30.12.2017 11:19
Hello, I would like some advice
We are a Czech company s.r.o. (Same as GmbH). In 2010 we rented an apartment near Stuttgart as a film. The apartment was only used as living space for the company's own employees.
The problem is that in 2017 we received an utility bill for 2013 and 2014 and now we believe that the landlady missed the billing period. But now the question is whether a legal entity can refer to the Civil Code or whether there is another legislation and whether we have to pay the sum retrospectively.
Best regards
*Editor's note: Comment has been shortened.
reply to commentImmowelt-Redaktion on 02.01.2018 11:35
Hello Jaroslav Vesley,
First of all, we must point out that we cannot and must not provide legal advice. You can obtain this from a specialist lawyer. However, we have researched your question again: If a legal entity rents an apartment or a house, commercial tenancy law may apply. According to a judgment of the Federal Court of Justice, this can be the case if the apartment is rented out or given to other third parties for residential purposes (BGH, Az.: VIII ZR 282/07).
This also has an effect on the settlement of the ancillary costs: In the case of business premises rentals, the ancillary costs must be drawn up within a reasonable period of time - the case law includes the period of § 556 III 2 BGB, which actually only applies to residential tenancy law, and specifies to the landlord that to prepare the utility bill within 12 months after the end of the agreed billing period.
However, unlike in residential tenancy law, this settlement period is not a cut-off period. The consequence is that the landlord can still prepare the ancillary cost statement even after this one-year period has expired and, if necessary, make additional claims against the tenant (BGH NJW 2010, 1065).
This means that the limitation periods for ancillary costs may be different in your case.
Best regards,
the Immowelt editorial team
Robert O on 12/20/2017 21:31
We moved out on December 31, 2015. Now our old landlord demands a utility bill for the period 01/01/16 - 12/31/16, user period 01/01/16 - 01/14/16.
We didn't live there anymore. What shoud that?
reply to commentImmowelt-Redaktion on 21.12.2017 09:57
Hi Robert O,
Thank you for your comment.
First of all, we would like to point out that we do not provide individual legal advice, but can only make general statements: In principle, a tenant no longer has to pay operating costs for his former rental apartment after the rental agreement has ended. However, the date of moving out and the end of the tenancy do not have to coincide. If the tenant moves out before the end of the tenancy, the landlord may well have the right to bill the operating costs in accordance with the tenancy agreement until the end of the tenancy, provided that the tenancy is not terminated by implication or by agreement of the contracting parties at the end of the tenancy move-out date has ended. If the move-out date and the end of the tenancy coincide, the landlord is of course no longer entitled to operating costs, for example because the apartment will then be empty for a while. That would be the landlord's problem.
Best regards,
the Immowelt editorial team
Roberto O on 12/21/2017 10:04
Thank you for the quick reply.
Happy Holidays!
Ullihgw on 12/19/2017 10:30 am
Hello,
I have the following question:
Is my utility bill also invalid if I received the bill on November 27th, 2017 for the billing period from January 1st, 2016 to March 31st, 2016? The landlord justifies the delays with an "input error on his part".
However, the billing is designed for the entire calendar year 16. Although I only lived there until March.
Best regards
reply to commentImmowelt-Redaktion on 20.12.2017 09:45
Hello Ullihgw,
Thank you for your comment. Please note that we cannot provide individual legal advice, but can only give general practical tips.
Generally, the landlord must settle the ancillary costs within one year of the end of the billing period. The accounting period does not start if the tenant moves out during this period, but it is the period agreed in the rental agreement. That means:
- If a billing period from 01/01/2016 to 12/31/2016 was agreed, the billing period ends on 12/31/2017. And that also applies if the tenant moves out on March 31, 2016, for example. In this case, the landlord must settle accounts with the tenant (pro rata temporis) by December 31, 2017 at the latest.
Although we cannot assess your case from afar; However, under the premise that the full calendar year was agreed as the billing period, the period ends at the end of the following year, regardless of when the move out took place during the billing period.
The legal basis for this is § 556 BGB (3). It says: "Prepayments for operating costs must be settled annually... The tenant must be informed of the settlement by the end of the twelfth month after the end of the billing period at the latest... The landlord is not obliged to make partial settlements."
Best regards,
the Immowelt editorial team
Immowelt editorial team on 20.12.2017 09:48
Correction:
instead of:
"The billing period has not started.."
it should read:
"The billing period has not started..."
Best regards,
the Immowelt editorial team
Ullihgwam 2017-12-20 11:07
Dear Editor,
Thanks for the reply & happy holidays!
stereo on 12/13/2017 11:59
Hello, I have a question.
My landlord had 3 smoke alarms installed on my house, with a lifespan of 10 years.
Two new items have now appeared in the annual utility bill.
- Rent smoke alarm device 14.28 €
- Smoke alarm test €10.71
In theory, that means that I pay €249.90 for the 3 smoke alarm devices (over a period of 10 years).
I can get these things for €8.00 at a hardware store
reply to commentImmowelt-Redaktion on 13.12.2017 12:11
Hello and thank you for your comment,
The maintenance of smoke detectors can be passed on to tenants if this has been agreed in the rental agreement. However, whether this also applies to renting smoke detectors is at least controversial. Most recently, in 2016, the LG Hagen took the view that these were not allocable ancillary costs. Reason: Renting the smoke detectors replaces the acquisition costs, which in turn do not belong to the apportionable ancillary costs according to the Ordinance on Operating Costs. However, the question has not yet been clarified by the Supreme Court. Finally, please note that we are not permitted to provide legal advice. If you have any doubts about the accuracy of your service charge statement, we recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
stereo on 12/13/2017 2:08 p.m
Thank you for your quick reply.
Merry Christmas to the whole team
Bärbelam 01.12.2017 18:08
May the landlord charge liability insurance as ancillary costs?
reply to commentImmowelt-Redaktion on 04.12.2017 09:10
Hello Bärbel,
Thank you for your comment. Of course, the landlord is not allowed to pass private liability insurance on to the tenant, but homeowners' liability insurance can.
Best regards
the Immowelt editorial team
Jörg on 30.11.2017 12:37
Dear ladies and gentlemen,
What is behind the blanket term "garden care" and can it be for this post
from one year to the next 80.00 euros more have to be paid and this per WE (total WEs`40)
reply to commentImmowelt-Redaktion on 30.11.2017 13:53
Hello Jörg and thank you for your comment,
Unfortunately, we cannot remotely judge what exactly is hidden in the case of your utility bill. However, as a tenant, you have the right to inspect the receipts from your landlord that form the basis for preparing your utility bill. We would recommend you to make use of it. If this is not clear either, you can submit your utility bill to a tenants' association. He can check whether it is legally effective and, if necessary, also support you in complaining to your landlord.
Best regards
the Immowelt editorial team
dipponlang2 on 11/28/2017 19:06
Can a landlord charge me for glass insurance for my window panes.
reply to commentImmowelt-Redaktion on 29.11.2017 09:14
Hello and thank you for your comment,
The costs for the glass insurance are among the costs that can be passed on to the tenant according to the Operating Costs Ordinance.
Best regards
the Immowelt editorial team
ELLI on 27.11.2017 18:01
Good evening. Although I have been asking the landlord for an ancillary cost statement for several years, I have now received one for 2016 for the first time. This includes amounts for property and liability insurance, which in my opinion do not have to be reimbursed by the tenant. Can I also request this amount for previous years? For how many years in the past can I still request an ancillary cost statement?
Thank you for your information
reply to commentImmowelt-Redaktion on 28.11.2017 08:59
Hello and thank you for your comment,
Landlords can pass certain property and liability insurance policies on to the tenant if this has been agreed in the rental agreement. Recoverable insurance costs include building insurance, glass insurance, and certain liability insurance (homeowners liability, oil tank, and elevator).
Please note, however, that we do not know exactly what your ancillary cost statement is and what has been agreed in your rental agreement. If you have any doubts about the legality of the settlement, we recommend that you seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Elli on 28.11.2017 09:28
Thank you for your quick reply.
Can I still request the invoices from the last few years that I haven't received?
Immowelt editorial team on 11/28/2017 11:12 am
Yes, but only to a certain extent. The regular limitation period of three years applies to the tenant's claim to the issuance of an ancillary cost statement.
Best regards
the Immowelt editorial team
Martina Kronenbergon 23.11.2017 16:31
Hello, I moved into my apartment on June 1st, 2016 and have now received my utility bill for 2016. The period from January 1st, 2016 to December 31st, 2016 was calculated here, although I only lived there for seven months in 2016. My question is can it be like this? Or do I only have to pay pro rata for the seven months?
reply to commentImmowelt-Redaktion on 24.11.2017 08:49
Dear Ms. Kronenberg,
If tenants have not lived in an apartment for a whole year, but only for a few months, they only have to pay for these months proportionately. The costs for the remaining months are borne by the previous tenant or, in the case of vacancies, by the landlord himself.
Please note, however, that we are not permitted to provide legal advice and do not know exactly what your utility bills are. In the event of a dispute, we therefore recommend that you seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
8238728 on 11/22/2017 13:17
Hello. Somehow I can't see through my utility bill.
The prepayment amount does not match the actual amount. I really just have to calculate my monthly contributions over the year and these are my advance payments, or is the landlord allowed to keep some of them?
reply to commentImmowelt-Redaktion on 23.11.2017 08:49
Hello and thank you for your comment,
The landlord must include the complete advance payments - without deductions - in his annual statement. If, for example, 150 euros were paid monthly as an advance payment for ancillary costs, i.e. 1,800 euros p.a., and the actual amount of the ancillary costs in the billing period is 2,000 euros, this results in an additional payment of 200 euros.
Best regards
the Immowelt editorial team
Phoca on 11/17/2017 21:05
Hello! We live in a house where two doctors have rented their practice rooms on the ground floor and first floor. Our apartment is on the second floor. The staircase lighting is on all day long, but we don't need it at all. However, we have to bear 1/3 of the costs proportionately. Is that in order?
reply to commentImmowelt-Redaktion on 20.11.2017 09:35
Hello and thank you for your comment,
We are not aware of a final decision on this question. However, as early as 1995, the district court in Gütersloh decided that the landlord must determine the general electricity separately if the hallway light is used particularly heavily due to the commercial use of part of the property (Az.: 14 C 315/94).
Finally, please note that we are not permitted to provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Phoca on 11/20/2017 11:45 am
Thank you very much, Immowelt editors, for the quick response to my request!
Jörg on 09.11.2017 20:34
Hello, we have a quick question: "We are tenants in a residential property, the landlord has commissioned an administration for everything related to accounting, etc." We signed the rental agreement with them, but the administration changed 18 months ago! Does the "new" also have to renew the contracts?
reply to commentImmowelt-Redaktion on 10.11.2017 09:22
Hello Jörg and thank you for your comment,
No, a new rental contract does not have to be concluded if there is a change in property management. This is also not necessary if the owner of the apartment and thus the landlord himself changes.
Best regards
the Immowelt editorial team
Karl-Heinz Wolf on 11/08/2017 2:18 p.m
I live on the ground floor and in winter it's about 26 degrees in my 38 square meter apartment. The house is isolated, but the cold comes in in the corner and from the other corner the main door leaks, so that it is so drafty in my apartment that you think the doors in my apartment are open. I have pointed this out to my landlord, and have been doing so for over 16 years. What can I do as a tenant to counteract this?!. LG Kale
Reply to commentDear Mr. Wolf,
Thank you for your comment. If there is permanent draft in an apartment, this may be a defect that can justify a rent reduction. Unfortunately, we cannot judge from a distance whether this is the case in your case. We would therefore recommend that you seek advice from a tenant association.
Best regards
the Immowelt editorial team
Tom on 11/06/2017 17:13
Every few years there is a fee for pruning. Does that count as a "repair" or is that actually a chargeable portion of the cost? The lease only says garden maintenance
reply to commentImmowelt-Redaktion on 07.11.2017 08:58
Hello Tom and thank you for your comment,
The decisive factor here is whether the costs are incurred by the owner continuously and regularly. If a measure such as tree trimming is due every four years, for example, it can be apportionable, at least if this has been explicitly agreed in the rental agreement. Please note, however, that we do not know the details of your contract and utility bill and are therefore difficult to assess from a distance. In the event of a dispute, we therefore advise you to seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Linda on 10/11/2017 18:41
Hello,
I moved out in the middle of the year and have now received my statement. When the apartment was handed over, it was stated that I had not caused any heating costs.
Now the costs incurred have been divided by two (I moved out on June 30th)
Is that correct?
Do I have to pay for the costs caused by my next tenant?
reply to commentImmowelt-Redaktion on 12.10.2017 10:28
Hello Linda and thank you for your comment,
We would recommend that you check your old rental agreement. The billing key for the heating cost bill is usually specified there. As a rule, the majority of the heating costs are billed according to consumption, but a smaller part according to living space. So it could be that you have to pay this smaller part pro rata. However, simply dividing the heating costs by two is usually not possible. A conceivable exception would only be a two-family house in which the landlord lives in one of the apartments himself.
As a tenant, you also have the right to see the receipts from your landlord that form the basis for your heating bill. If that doesn't give you any clarity either, we would recommend that you have your heating bill checked. However, please note that we cannot provide legal advice. You can obtain this from a tenants’ association or directly from a specialist lawyer specializing in tenancy law.
Best regards
the Immowelt editorial team
Pit on 10/05/2017 11:51
In 11/2016 we moved into an apartment in a house built in 1969. Old radiators are still installed there (probably "Benteler" of different sizes). The 2016 heating bill gives the measured consumption (I checked) times a factor between 1.200 and 5.017 for each radiator. I can't control this, but the result is that the energy consumption in the bedroom (SZ) is significantly higher than in the living room (WZ). I can't imagine that at all, since both rooms are about the same size and in the bedroom it was about 17°C and in the living room it was about 22°C. Who can I contact to check the heating bill or the factor.
reply to commentImmowelt-Redaktion on 05.10.2017 15:26
Hello Pit and thank you for your comment,
First of all, as a tenant, you have the right to inspect all the documents from your landlord on which the heating cost bill is based. If that doesn't help you either, we would recommend that you consult a tenants' association. There you will also receive legal advice and learn how you can take action against excessive billing.
Best regards
the Immowelt editorial team
Heidi on 02.10.2017 19:57
Do I have to pay for the elevator even though I live on the ground floor and the elevator doesn't go down to the basement. I hardly use it at all.
reply to commentImmowelt-Redaktion on 04.10.2017 09:20
Hello Heidi and thank you for your comment,
The Federal Court of Justice dealt with this question in 2006 and essentially answered in the affirmative. Tenants must therefore contribute to the costs of an elevator even if they live on the ground floor (Ref.: VIII ZR 103/06).
Best regards
the Immowelt editorial team
Toni on 08/27/2017 17:05
Hello,
I just have one question, and that's that I should pay back heating costs for 2016. This is despite the fact that consumption does not match my meter reading receipt. 1 week later I got a letter with the answer.
In the 2015 statement, the unit (apartment) had to be estimated because there was no access. The devices were then exchanged on October 20, 2016. The expansion values were two-year values, since the tubes could not be exchanged in the previous year because there was no access. Now my question is don't they have to go by the estimate they made for 2015? Since I would otherwise be billed twice once in 2015 and then now in 2016 for 16 and 15 again.
reply to commentImmowelt-Redaktion on 28.08.2017 10:55
Hello Tony,
Thank you for your comment. Of course, landlords are not allowed to simply bill a billing period twice. Under certain circumstances, your landlord could have corrected his previous estimate in the course of the new utility bill. Unfortunately, we cannot judge from afar whether this is the case. We would therefore recommend that you have your utility bill checked by a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Annaon 08/26/2017 02:07
Are the tubes on the radiators still allowed? I live in an attic apartment and in the summer it's 30 degrees in the apartment, since it's very poorly insulated, the water in the tubes evaporates, and shows consumption?
reply to commentImmowelt-Redaktion on 28.08.2017 09:44
Hello Anna and thank you for your comment,
These tubes are allowed in principle, but not if they are of a certain age. According to the heating cost ordinance, old heat cost allocators installed before July 1, 1981 are no longer legally valid. They had to be replaced by new technology by December 31, 2013.
Best regards
the Immowelt editorial team
Claus on 08/09/2017 11:01
Hello,
I got 358€ back for additional costs last year, this year I am supposed to pay 220€ later. When I then asked my landlord how such a big difference could come about, he was all serious after 1.5 years, oh sorry, the €358 was actually an additional payment and I should please transfer this as soon as possible. Do I really have to pay this?
reply to commentImmowelt-Redaktion on 09.08.2017 15:15
Hello Claus,
a landlord must settle the ancillary costs once a year, no later than twelve months after the end of the billing period. If he misses this deadline, he can no longer assert any claims.
Please note, however, that we cannot provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Charlot team 07/25/2017 09:39
Hello, we are a 9-party residential building and received the annual statement for 2015 on July 21, 2017. Do we have to pay the additional claims? if not how do we let the landlord know, thank you very much
reply to commentImmowelt-Redaktion on 25.07.2017 10:14
Hello Charlotte,
Thank you for your comment. According to Section 556 of the Civil Code, a landlord must settle the operating costs no later than twelve months after the end of the accounting period. If he does not do this, his claims for additional payments expire. How you inform the landlord of this is up to you. There are no legal requirements for this.
Finally, please note that we are not permitted to provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
peter on 07/20/2017 10:56
hallo mussderpreisvoneinenliterheizoelindernebenkostenabrechnungangegebensein?
reply to commentImmowelt-Redaktion on 20.07.2017 11:01
Hello Peter,
Thank you for your comment. There is no law that says exactly that. However, tenants have the right to inspect the receipts on the basis of which the landlord prepared the utility bill. In this respect, the settlement must be comprehensible for the tenant.
Best regards
the Immowelt editorial team
Mirko on 04.07.2017 10:32
A 34-year-old oil heating system fires two apartments of the same size without any consumption meters. I'm alone and away all day, a family with a child lives in the other apartment and is at home all day. Our landlord simply halves the cost of oil. The 15% right to deduct the costs is not enough for me. My additional costs are still around 280 € per month. Consumption is extremely high. Do I have any other rights or options to force the landlord to use consumption-based billing and to install a new heating system?
reply to commentImmowelt-Redaktion on 04.07.2017 11:28
Hello Mirko,
According to the Heating Costs Ordinance, landlords must charge between 50 and 70 percent of the heating costs according to consumption. There is an exception for two-family houses in which one of the apartments is occupied by the landlord himself. In this case, a different billing key is possible, for example according to square meters. However, this must be contractually agreed.
Since we do not know the details of your rental agreement and your utility bill, we would recommend that you submit both documents to a specialist lawyer or a tenants' association. There you will find out how you can object to an ancillary cost statement that may be ineffective.
Best regards
the Immowelt editorial team
Peter on 06/15/2017 21:46
Hello,
As a landlord, am I allowed to pass on the costs of preparing the utility bill to the tenants if this was provided by a service provider? It's more or less a recurring cost.
Best regards, Peter
Reply to commentDear Peter,
Thank you very much for your comment. According to § 1 II 1 BetrKV, "costs of the manpower and facilities required for the administration of the building, for example costs for the preparation of the utility bill" belong to the administrative costs and therefore cannot be passed on. Please note that we cannot provide legal advice.
Best regards
Your Immowelt editorial team
Kathi on 06/08/2017 21:26
Hello.
We received our utility bill a few days ago.
In 2015 we had an additional payment of €9.05 from July to September. So totally fine.
Now we have an additional payment of approx. 240€ for January 2016 - until December 2016!!
Waste collection €366.70 / year before €129.95
Channel usage fee €266.83 previously €96.82
Cold water €387.54 before €135.34
Garden maintenance 43.63 € before 10.16 € etc.....
Can it be so much more, even if it's now a whole year instead of half a year? Above all, we don't have a garden but a backyard with a piece where there is only undergrowth and is therefore not "usable". The gardener makes the landlord's huge garden chic and nothing else. So we pay the gardener for the landlord...
In addition, the rent is now to be increased/"adjusted" by €22, although we have only lived there since July 2015..
Please help before I appeal!
Reply to commentImmowelt-Redaktion on 06/09/2017 09:47
Hello Kathy,
Thank you for your comment. Such a large increase is certainly unusual. Unfortunately, we cannot remotely check whether your utility bill is correct. As a tenant, you have the right to inspect the relevant receipts from your landlord. We would first recommend that you make use of this and, if necessary, have your landlord explain the increase to you. If you then want to lodge an objection, we recommend that you seek advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Elerna on 05/22/2017 12:42
We are a 9 family house, this year there was a change of residence. The user switching costs have been passed on to all parties. As a tenant of another apartment, am I obliged to contribute to the costs? Doesn't the owner have to bear these costs?
reply to commentElena on 23.05.2017 12:37
Thank you for the answer, this is the interim meter reading for the heating
Immowelt editorial team on 23.05.2017 11:47
Hello Elena and thank you for your comment,
Unfortunately, we do not know exactly what user switching costs are involved. However, if the costs for an interim reading of the electricity or gas meter are involved, for example, these costs must be borne by the landlord. They cannot be passed on to the tenant.
Please note that we are not permitted to provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Andreas on 05/08/2017 12:32
Hello, I just have a question regarding ancillary cost billing, namely...may our landlord charge us for the repair costs of the heating system (which was not serviced according to regulations anyway), as we only found out last year from a neighbor...?!..thank you in advance
Reply to commentHello Andrew,
Thank you for your comment. In principle, repair costs cannot be passed on to the tenant via the utility bill.
Best regards
the Immowelt editorial team
Sash214 on 04/25/2017 17:05
Hello,
In our old rental contract (we haven't lived there since mid-2016) under the operating costs, the last item manually entered by the landlord at the time was "property management" at €5 per month. According to everything I have researched now, it is inadmissible to demand this fee as an operating cost in the additional costs.
Does that also apply if we signed the rental agreement and the operating costs were formulated as follows?:
"In addition to the rent according to Section 1, the tenant must pay the following operating costs in accordance with the Operating Costs Ordinance or in accordance with a superseding statutory ordinance of the Federal Government in connection with Section 556 (1) BGB, insofar as they are actually incurred. Insofar as the apportionment of individual types of operating costs is not desired 6.1 - 6.24 are to be crossed out clearly. Unless otherwise agreed, the statutory regulation in $ 556 a paragraph 1 of the German Civil Code and the Heating Costs Ordinance shall apply."
So far so good. Of course we didn't cancel his extra point at the time, we wanted the apartment. Despite our signature and our failure to cross it out, is it illegal for the landlord to impose this position of "property management" on us, since he has violated applicable law?
If so, can we just "not pay" the bill for 2016 or can we also claim the costs from 2015 and 2014 afterwards, i.e. have the landlord reimburse us?
One very small second question: the position of caretaker. Is this only valid if the landlord has a contract with a "caretaker" or is this also valid without a contract? We know that he uses another tenant for these purposes, who occasionally gets a wine but no financial gifts (cash, rent reduction, etc.). Should there be a contract with a "caretaker" and if not, can the money for this position also be reclaimed?
Thank you in advance
reply to commentImmowelt-Redaktion on 26.04.2017 09:10
Hello Sash214,
Administrative costs cannot generally be passed on to the tenant, regardless of what is stated in the rental agreement. After receipt of the utility bill, tenants have one year to complain. If the landlord lists a "caretaker" in the utility bill, it is his duty to provide evidence that he paid for this and to what extent. Tenants, for their part, have the right to inspect said receipts.
Please note, however, that we do not know your utility bill in detail and can therefore only assess it with difficulty from afar. In addition, we are not allowed to provide legal advice; you can obtain this from a specialist lawyer or a tenants’ association.
Best regards
the Immowelt editorial team
Boehme on 04/21/2017 12:30 p.m
Hello.
It says in my rental agreement.
Rent - incl. additional costs (rent including heating) is x
There are no heater reading devices.
Only water clocks were added later.
Now my utility bill:
Heating/hot water
water
Rainwater
Property cleaning
Property tax
Building insurance
House cleaning
Trash
Antenna fee
Can all of this be calculated?
I would appreciate an answer.
Bohemian
reply to commentImmowelt-Redaktion on 21.04.2017 13:45
Hello and thank you for your comment,
In principle, only such ancillary costs may be billed that were also agreed in the rental agreement. The heating costs must also be settled in accordance with the Heating Costs Ordinance. This stipulates that at least 50 percent of the total heating costs must always be calculated and billed for each individual apartment based on consumption. For this purpose, meters must be present. A heating bill that does not follow this regulation would be ineffective.
The only exception is for rented two-family houses in which the landlord lives in one of the apartments himself. In these, tenants and landlords can agree to waive the heating cost ordinance.
Please note, however, that we cannot provide legal advice. If in doubt, we therefore advise you to have your rental agreement and utility bill checked by a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Goodman77 on 04/18/2017 18:41
Hello, we live since a café. 4 years for rent and we were terminated for personal use. Now to the question: we received an annual bill for additional costs for the year 2013/14 with a repayment of around €260. We didn't get anything for the years 2014/15 and 2015/16, nothing came even when we asked... And now the landlord wants an additional payment of 671€ from us for the year 2016/17... I'm just a bit irritated ... Please help.
Best regards, D.
reply to commentImmowelt-Redaktion on 04/19/2017 09:36
Hello Goodman77 and thank you for your comment,
If the landlord does not prepare an ancillary cost statement, the tenant may, according to a ruling by the Federal Court of Justice, reclaim advance payments that have already been made (Az.: VIII ZR 191/05). Unfortunately, we cannot judge from a distance whether the billing for the year 2016/17 is correct. We therefore recommend that you have your utility bills checked by a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
KG on 02/21/2017 12:27
Hello, I've been renting a hall for 2 years, now I've received a utility bill for 2016, but nothing was agreed in advance, can I do something about it?
reply to commentImmowelt-Redaktion on 21.02.2017 12:34
Hello KG,
In the case of both residential and commercial leases, the utility bill must be based on the Utility Costs Ordinance. This also means that if operating costs are to be settled, they must be mentioned in the rental agreement. If you have any doubts about the legality of your ancillary cost statement, we recommend that you consult a specialist lawyer.
Best regards
the Immowelt editorial team
Tracy on 02/10/2017 01:50
I went to the housing authority today because of the high costs for the caretaker service. They only presented me with 4 DINA 4 sheets for the year 2015 (!) and only briefly pointed to them. I was not allowed to take photos - as well as copies or transcripts - it was subliminally given to understand that I could move out, etc. I had a whole 10 minutes and then the property management said goodbye - they had other appointments now.... So according to the motto - numbers and shut up or undress. What choice do you have as a tenant, especially if there are no suitable apartments available and other property management companies are doing exactly the same thing?
reply to commentImmowelt-Redaktion on 02/10/2017 10:27
Hello Tracy,
Thank you for your comment. The Federal Court of Justice has decided that tenants are generally not entitled to copies of receipts. However, there are some court rulings according to which tenants have the right to make copies or photos of the receipts with their own devices (AG Munich, Az.: 412 C 34593/08, LG Potsdam, Az.: 4 S 31/11). Since your descriptions give the impression that the property management is not very cooperative, it might be advisable to consult the local tenants' association or a lawyer specializing in tenancy law.
Patrick on 09.02.2017 10:00
Hello,
I have a question.
My landlord charges for our outdoor facilities, but does nothing. We don't have his brooms or lawnmowers.
There is no caretaker team or cleaning lady.
Can he do that?
Thank you in advance.
Greetings Patrick
Reply to commentImmowelt-Redaktion on 02/10/2017 09:51
Hello Patrick,
As described above, the landlord must allow the cost receipts to be viewed. In our view, without appropriate proof, there is no basis for accounting for the items. However, since we cannot assess your case from a distance, we advise you to contact the local tenants' association or a specialist lawyer for tenancy law in the event of a dispute.
Immowelt editorial team on 09.02.2017 11:51
Hello Patrick,
Landlords can basically also pass on the costs of maintaining the outdoor area (but not new facilities) to their tenants as operating costs, but only if this is agreed in the rental agreement, possibly with reference to the Ordinance on Operating Costs (BetrKV).
If you have doubts as to whether the cost items in your ancillary cost statement have been settled correctly, you have the right to look at the landlord's cost receipts. It is important to note that you usually have no right to copies of these documents, but must see them from your landlord or his administration.
Patrick on 02/09/2017 13:33
Thanks for the info.........
For me, that means.....if the landlord can't prove what he's doing with it, I don't have to pay any additional costs for it.
Thank you immowelt team
anne60 on 28.12.2016 18:31
Dear Immo Team.
Thank you very much. You helped me a lot.
Wishing the entire team a happy end of the year and a peaceful happy New Year 2017
So that people approach each other again, understand each other, talk to each other and disputes are cleared out of the way.
reply to commentanne60 on 28.12.2016 17:38
Dear Immo team
Thank you very much for the information.
If I understand the law with the limitation period, for the year 2013 the beginning was January 1st, 2014, then the end of the limitation period would now be December 31st, 2016?
I'm asking because we never had to pay any ancillary costs for 7 years from the beginning of the rental agreement, there was never a statement, in 2014 we were suddenly supposed to pay the last 4 years of ancillary costs retrospectively. However, the landlord could only claim this for 2013. It should be noted that the rental agreement neither stipulates an advance payment nor the type of operating costs. Especially since a hire purchase was stipulated with the rental agreement.
reply to commentImmowelt-Redaktion on 28.12.2016 17:59
Dear anne60,
Exactly, you got that right. The prerequisite is of course - as I said - that the utility bill was sent in good time and is correct.
When in doubt, it is certainly worth consulting a specialist lawyer or seeking legal advice, for example from the tenants' association.
Best regards
Your Immowelt editorial team
anne60 on 27.12.2016 19:16
Rereading the article, I noticed something, so I'm asking again for more information.
What does the statute of limitations of 3 years mean, to whom does it apply and from what point in time does it apply??
reply to commentImmowelt-Redaktionam 28.12.2016 10:23
Dear anne60,
The statute of limitations of three years refers to the additional payments from the utility bill - provided the bill was sent correctly and on time. According to § 195 BGB, the period begins at the end of the year in which the claim arose.
An example: The settlement period ends on 12/31/2016. The tenant will receive the ancillary cost statement in a timely manner. The beginning of the limitation period is therefore January 1st, 2017 and the end of the limitation period is December 31st, 2019.
In the meantime, the tenant is entitled to any repayments and the landlord is entitled to additional payments.
The deadline can also be suspended under certain circumstances, for example if one of the parties has filed an objection.
Best regards
Your Immowelt editorial team
anne60 on 12/13/2016 02:19
I have a question about building insurance. Does a tenant have to accept and carry a building insurance with a 200% increase? Received the NK statement for 2015 today, which includes building insurance of €569.87, although a year earlier it was €238. What can I do??
reply to commentImmowelt-Redaktion on 13.12.2016 13:05
Dear anne60,
Thank you for your comment. In general, the costs of building insurance can be passed on to the tenant as operating costs. However, the principle of economic efficiency applies here. If the cost is more than 20 percent of the average insurance cost, the renter does not have to pay. Renters can ask the landlord for an explanation of the item and inspect the insurance contract.
Best regards
Your Immowelt editorial team
Danie on 22.11.2016 06:43
Hello,
My landlord presented me with bills from 2014 and 2015, without any proof of the heating material (pellets) purchased. How many years can he actually request bills retrospectively?
Best regards
Danie
reply to commentImmowelt-Redaktion on 22.11.2016 08:43
Hello Daniel,
Thank you for your comment. The ancillary costs must be settled no later than one year after the end of the billing period. If the landlord misses this deadline, he can no longer assert the claims unless he is not responsible for the delay himself.
Please note, however, that we cannot provide legal advice. You can obtain this from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Gabriele Wallner on 06.11.2016 15:14
Hello,
I read that the heating costs are charged 50 to 70% according to consumption. How is the consumption of the respective apartments determined if there are no measuring tubes attached to the heaters?
Greetings
Gabriele Wallner
reply to commentImmowelt-Redaktion on 11.11.2016 09:23
Dear Ms. Wallner,
Measuring tubes are not the only way of recording consumption, there are a large number of different heat meters. However, a landlord can in fact only bill according to consumption if consumption is also recorded. If the heating is not billed according to consumption according to the regulations, tenants have the right to reduce the costs by 15 percent according to § 12 of the Heating Costs Ordinance.
Please note, however, that we cannot provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Hans Drath on 03.11.2016 15:40
Why do tenants have to pay for building insurance? That's a good thing for the landlord. He has insured his house well. And everyone pays, except for the owner WHY?
reply to comment33is091014 on 02.11.2016 13:36
Heating bill
The simplest trick would be: get a radiator of the same construction (approx. 100 €) and exchange it. Lasts a maximum of 10 minutes. It is best to take the one with the most consumption (usually the living room). After about 1-2 years, the investment has paid for itself and you are in the black. Of course, you shouldn't do this with all radiators, only with high-consumption rooms. The old radiator with the radio meter should of course be in the house! can be stowed away somewhere so that it can be read. It then slumbers away with zero consumption in its slumber :-). It should be noted that such an approach is rewarded with imprisonment!
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