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(64)| (16)Maintaining a house or an apartment costs a lot of money. However, landlords can pass on certain expenses to their tenants. An overview of apportionable ancillary costs and what the landlord is allowed to charge - with a sample operating cost statement for download.
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Overview
Unavoidable utilities include property tax, water and garbage collection. However, landlords are allowed to recover these and other expenses for a house or apartment from their tenants. What expenses these are is regulated in the Operating Costs Ordinance (§§ 1-2 BetrKV).
AttentionThe prerequisite: then additional costs can be passed on
Only if the landlord has contractually agreed it with the tenant can he pass on the additional costs to the tenant. The landlord does not have to list all the costs: the term "operating costs" is sufficient for the usual apportionable ancillary costs (BGH VIII ZR 137/15). The landlord should only list other operating costs individually.
In addition, future expenses for a caretaker or garden maintenance are covered by the wording "operating costs" in the rental agreement.
Which ancillary costs are apportionable?
In the utility bill, also known as ancillary cost statement, the landlord can list the following cost items:
Property tax
Property tax is one of the "ongoing public charges on the property" and is apportionable.
Waste water fee
In the Operating Costs Ordinance, these costs are referred to as "drainage of the property" and include all associated costs.
Split sewage fee: waste water and rainwater
In many municipalities in Germany, the sewage fees are split: once as a fee for dirty water and once as a fee for rainwater. As a result of various court rulings, this becomes mandatory as soon as the costs for removing rainwater account for more than twelve percent of the total costs of the drainage system.
The split calculation: The landlord pays the fee for waste water to the municipality based on consumption, depending on how much fresh water was supplied. The storm water fee depends on how much of the property area is sealed. Surfaces that prevent rainwater from seeping away normally are considered sealed: buildings, foundations, pipes or heavily compacted soil.
For the billing of operating costs, this means that the split waste water fee is apportionable like the conventional waste water fee. However, consumption-based billing is only possible for the waste water fee.
Warm operating costs
The warm operating costs include all costs for heating and hot water. dr Carsten Brückner, specialist lawyer for tenancy and residential property law and chairman of the Haus und Grund owners’ association in Berlin, says: “If several apartments are supplied with central heating, the costs must be calculated largely based on consumption.”
AttentionBill heating costs in accordance with the Heating Costs Ordinance
With a central heating system, at least 50 and at most 70 percent of the total heating costs must be allocated to the tenants depending on consumption. A special regulation applies to some older buildings, according to which 70 percent of the heating costs are allocated according to consumption. The remaining part of the costs is to be calculated according to living space (§ 7, Abs. HeizkostenV).
Elevator
The costs for a passenger or freight elevator can be passed on to the tenants - even to those who may not use it at all because they live on the ground floor (BGH VIII ZR 103/06) . dr Brückner explains: "It cannot be ruled out that the tenant will use the elevator. What matters is that the lift is available.” Costs arise here: operating electricity, supervision, operation, maintenance, testing of operational safety and operational readiness.
Street cleaning and garbage collection
The costs for regular garbage collection and street cleaning are apportionable. dr However, Brückner makes a distinction: The acquisition costs for the garbage cans cannot be counted as ancillary costs.
Building cleaning and vermin removal
Landlords may also write the costs for cleaning the stairwell, laundry room or elevator in the utility bill, provided this has been agreed. The eradication of moths, cockroaches or rats is also apportionable.
Garden care
The costs for watering, cutting and caring for the plants are among the additional costs that can be passed on. dr Brückner says: "If new plants are purchased every year, that counts as well." If the flower bed is renewed every year, these are also expenses that are covered in the lease by the wording "Costs according to the Operating Costs Ordinance".
Lighting costs
These costs include the electricity costs for the outdoor lighting and the electricity costs for the parts of the building shared by tenants, such as the laundry room, hallway or stairwell. If a lightbulb is defective there and needs to be replaced, the costs for this cannot be passed on. Because necessary repairs are usually the landlord's obligation (see § 535 BGB).
Property and liability insurance
Payable insurance costs include building insurance, glass insurance and certain liability insurance (homeowners' and landowners' liability, oil tank and elevator). In some cases, the tenants get their electricity from an in-house photovoltaic system: if this is also covered by the building insurance, according to Dr. Brückner, these insurance costs are also passed on.
caretaker costs
The expenses for a caretaker who checks the facilities of the rented apartment and ensures compliance with the house rules are also apportionable ancillary costs. This also applies if he is not rewarded with money - Dr. Brückner explains: "If the caretaker and the landlord agree that the caretaker gets a free apartment in exchange for his work there, the equivalent of a corresponding rent payment can be calculated for it."
But not all of the caretaker's activities count as ancillary costs. The tenancy law expert explains: "If the caretaker replaces defective light bulbs, for example, that is a repair and therefore not apportionable." belong to the administrative work of the landlord.
So that landlords don't have to first sort out the apportionable and non-apportionable caretaker costs in the utility bill, Dr. Brückner: “The landlord concludes two contracts with the caretaker: one for activities that can be apportioned and one for activities that cannot be apportioned.”
Television, antenna or cable connection
The term "common antenna system and broadband network" in the Operating Costs Ordinance includes any type of receiving device, according to Dr. Bruckner. But be careful: From July 1, 2024, cable fees may no longer be passed on to tenants. That is when the new Telecommunications Act, which the Federal Council approved on May 7, 2021, will take effect. Accordingly, from July 2024, tenants will have to subscribe to their TV service themselves in individual bills. A collective subscription via your landlord or your housing company is then no longer possible.
Laundry room
The costs of operating a communal laundry room are apportionable.
Chimney sweep
If landlords hire a chimney sweep to clean a chimney or to carry out the statutory immission measurement, costs will be incurred. As a rule, these fees are billed as part of the heating costs. However, if a tenant settles his heating costs directly with the public utility company, for example, then the landlord can pass on the chimney sweep costs to the tenant.
Other operating costs
Landlords can use this term to calculate additional running costs for the rented apartment, provided they have recorded this in detail in the rental agreement. For example, landlords can pass on the maintenance costs for smoke detectors or drinking water analysis to the tenant. dr Brückner emphasizes: "It must be stated exactly what is meant by this, for example cleaning the gutters, maintaining the smoke detectors or the extractor system."
The other operating costs also include all electricity and lighting costs that are incurred for commonly used areas such as the hallway, staircase and basement rooms such as the laundry room. Such electricity costs are colloquially referred to as general electricity.
DownloadGet your sample utility bill here with all additional costs that can be apportioned.
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Which ancillary costs may not be passed on to the tenant?
The costs that landlords have to bear themselves are also regulated by law (§ 1, Para. 2 BetrKV):
Maintenance and repair
The costs for a heating repair or the replacement of a carpet that is worn out to the point of being unusable are usually not apportionable.
Because if a component of the apartment is defective or excessively worn, it is basically the landlord's obligation to repair it in order to maintain the apartment (§ 535, Para. 1 BGB).
Administrative work
The administration of the rental apartment does not count among the incidental costs that can be passed on, nor does the labor required for this or the administrative work performed by the landlord himself. dr Brückner cites examples: “This also includes house and tenancy law protection insurance, loss of rent insurance or costs for the tax consultant.”
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Service charge statement with objego
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Who pays the ancillary costs when the property is vacant?
As a rule, the landlord has to bear the risk and costs of the vacancy. If the ancillary costs are billed according to the living space, the vacancy costs may not be passed on to the tenants (BGH VIII ZR 159/05).
When calculating based on the number of people, it is debatable how the vacancy costs should be taken into account. Because if the empty apartment is counted as a single household, the other tenants automatically incur more ancillary costs than if the vacancy is assumed to be one family.
Only in certain cases is it also possible for the landlord to change the allocation key in the case of vacancies, for example from living space to persons. Such special cases are usually based on significant vacancy, which is financially unsustainable for the landlord. The landlord has to prove this fact and the court makes a decision to that effect.
However, there is the possibility of claiming some of the costs incurred as a result of vacancy in the tax return. Landlords can state the running costs for electricity, building insurance or property tax as income-related expenses.
Vacancy during the corona pandemic
The landlord can also benefit from the regulation for deferring loans during the corona crisis. This affects consumer loan agreements concluded before March 15, 2020. The lender's claims for repayment, interest or redemption payments that were recorded between April 1, 2020 and June 30, 2020 are deferred.
Link-TippLandlords should avoid these mistakes in the utility bill: 8 tips for legally compliant utility bills.
Andreas Steger02.12.2021
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Jan on 07.02.2022 06:23
Can I allocate maintenance costs (painting work) for a rented garage to the tenant in the NK?
reply to commentMichaela on 29.12.2021 10:31
Sorry 835 euros elevator deductible. In NK , how can that be ?
reply to commentMichaela Castor on 29.12.2021 10:13
Question . Is it legal to calculate 835 euros own contribution in NK?
Best regards
reply to commentrotes Hexle on 27.12.2021 13:09
Hello, in our utility bill, the cleaning of the drains in the washroom was passed on to the tenants. Is this legal? We also had electricity costs for the community of around €250 for years, and suddenly €800.59 with this bill. How can we proceed. Thanks very much
reply to commentWinkler on 12/11/2021 10:49 am
Hello, when it came to the utility bill for 2021, the tenant referred to a so-called American billing system for the subsequent billing, which resulted in different costs.
Reply to commentHello Winkler,
We are not aware of an American billing system. The objection could accordingly be ineffective. Please understand that we cannot and may not provide legal advice. We recommend that you seek legal advice from a specialist lawyer or a homeowners' association.
Best regards
the immowelt editorial team
Manfred on 05.12.2021 14:17
How long can these allocation costs be claimed from a B landlord? Is there a time limit on this?
reply to commentimmowelt editorial team on 06.12.2021 09:53
Hello Manfred,
The utility bill must be sent to the tenant within twelve months of the end of the billing period. If this period expires, the landlord can no longer make additional claims. However, overpaid advance payments remain as a credit.
Best regards
the immowelt editorial team
Daniela on 11/30/2021 07:02
Hello everyone, I have an urgent question:
We moved into this apartment in July 2029 and two weeks ago received an ancillary cost statement for 2020.
After looking through the bill, I noticed that the partition walls on the balconies were taken into account. We didn't sign anything and we have to mention that the balcony was only accessible for half a year. Is this allowed to calculate these partitions just like that? We are considering moving out of this apartment and have no intention of paying for it.
We would appreciate an answer.
LG
reply to commentDaniela on 30.11.2021 12:08
ohh sorry 2019....autocorrect
redaktion.immowelt.de on 30.11.2021 12:57
Hello Daniela,
we can't imagine the cost of the partitions. Also, we don't know the details of her lease. If in doubt, get advice from the tenants’ association or a lawyer.
Best regards
immowelt editors
MM on 11/27/2021 07:12
Hello,
We would like to re-let an apartment.
How many % of the respective additional costs can we take from the tenant. These are 2 apartments in the house. 1 is rented. In the other we live inside ourselves. sqm is the same per apartment.
reply to commentimmowelt editorial team on 29.11.2021 12:05
Hello MM,
Unfortunately, we cannot understand the question or understand your intention. You may only bill what the additional costs actually cost. This includes garbage collection, cleaning, etc. Everything as stated above in the article. In the case of water, a plausible amount is estimated in case of doubt, but this is billed exactly at the end of the year.
Best regards
immowelt editors
Isa on 24.11.2021 14:43
Hello, is a new heater apportionable? possibly A depreciation amount e.g.??
Reply to commentimmowelt redaktion on 26.11.2021 11:04
Hello Isa,
If, for example, it is an energetic refurbishment, up to eleven percent can be passed on to the tenants via the modernization levy.
Please understand that we cannot and may not make any legally valid assessments.
Best regards
immowelt editors
Hummel131 on 03.11.2021 17:46
Dear Sir & Gentlemen, I have a question about the calculation of the additional costs. My ex-partner moved out, the two of us had paid ancillary costs of 200 euros per month. Now I've asked the landlord whether these will be reduced, the additional costs will be reduced, since I now live alone as 1 person in the rented apartment. He refuses to reduce them. Can I do something about it? Since I know about the previous owner of the house, I lived in a smaller apartment in the same house, my ex-partner moved in with me, the additional costs were increased, that makes sense to me. We have moved into a 2 room apartment within this house. A single person/tenant moved into our old apartment & the ancillary costs were reduced again. We also had quite a bit of credit every year, this year for the first time in my life an additional payment all at once, although we are very economical with heating costs etc. & were not always there permanently. What can I possibly do now?
& that the additional costs do not remain at 200 euros per month? I hope for a response, help, maybe. can you, anyone, give me advice. Thanks in advance.
reply to commentimmowelt editorial staff on 04.11.2021 10:44
Hello Hummel131,
When it comes to operating costs, it depends on the distribution key - namely whether billing is based on living space or people. If billing is based on living space, nothing will change even if your partner moves out. If you have fundamental doubts about the correctness of the statement, you should have it checked by a tenants' association or a specialist lawyer.
Best regards
the immowelt editorial team
Barbara on 26.10.2021 18:56
The landlord has an undeveloped property, which is directly adjacent to the property on which the rental house where I live is located. The other property also has a separate address. He passes on the costs of maintaining the vacant lot (mowing the lawn, trimming the hedge) to all tenants of the rental house, and claims it's the right thing to do. What now?
Reply to commentHello Barbara,
Please understand that we cannot and may not make any legally valid assessments. We advise you to contact a specialist lawyer or tenant protection association.
Best regards
immowelt editors
Markus Wüst on 23.07.2021 13:07
Setup:
I look after a residential building with 2 parties (3 people).
Grandmother + 2 person renter. Directions, if there is something to do on site, are just 100m, because I live somewhere else. Official/legal building management is the responsibility of my grandmother. In the meantime, the tenant's home is connected to its own electricity meter. Until then, everything was simply solved with roughly estimated lump sums.
What values can you use for the following cost items in the ancillary cost statement in order to make this more transparent in the future?
- Warm operating costs: Type of heating: Oil central heating. Allocation of oil costs/2 parties, but how do I determine the electricity costs for the heating? There is no meter for just the heating. (This flow then calls itself "heat flow"?)
- "Garden care" - the tenant does not use the actual garden, but what about the care of the driveway (side greening on approx. 30m2, cleaning of the floor; cutting of the bushes 2x a year and concrete floor cleaning with a high-pressure cleaner 1x in the Year I do personally, of course I don't charge anything for this myself, but how/what do I charge here in the NKR to the tenant?Can I do that at all?
- Lighting costs - how many kWh can I use throughout the year for stairwell, garage, courtyard lighting/night? The heating current is here vmtl. not clean?
- Caretaker costs - I take on all the work in and around the house, as long as the heating doesn't just explode and a specialist has to do it
reply to commentHumWomMum on 07/01/2021 12:01
I rented an apartment just for my furniture.
This apartment belongs to the inventory of a WVG, which told me that it was not worth renovating.
This apartment is not habitable (no toilet, bath etc)
I only pay 1 euro for the rent, but NK 99.
I also had to register electricity.
Now I have received the utility bill for 6 months and have to pay more than 300 euros.
Can someone tell me if this is legit? I only have my furniture in it.
The WVG could also write off the vacancy.
I only pay 1.00 euros for rent, but NK 99.00 euros.
This apartment is not habitable (no running water, bathroom or toilet etc).
They rented the apartment to me for 1 euro.
However, I have to pay 99.0 NK
Reply to commentLandlord on 29.06.2021 18:17
For years we have been calculating some additional costs according to the number of people. That was always okay. Now the question arose, like a student housed away from home who is only at home on weekends and maybe once a week.
Reply to commentLandlord on 29.06.2021 18:21
Sorry, here is the full question:
For years we have been calculating some additional costs according to the number of people. That was always okay. Now the question arose as to how a student housed abroad who is only at home on weekends and maybe once a week should be counted.
Nicole B. on 06/26/2021 21:04
I have a question, my husband and I have now (2021) received the utility bill for 2019 and have to pay a total of 538 euros. Among them are gardening (was there once and only because we called) and janitorial services (he was there 3 times). Do we still have to pay them, because the landlord's arguments are that he hasn't yet fully paid the operating costs and he's been waiting for the other bills. That strikes me as a bit strange. I know from other landlords that I received the utility bill no later than 4-6 months after the end of the year.
reply to commentJohnny on 06.07.2021 09:59
I am not allowed to advise you as it would be legal advice. What you do is up to you.
I would not have paid the bill with the reason "barred".
Dieter Bange on 05/21/2021 13:08
My previous landlord gave his house to his son-in-law, now after 10 years he is asking me what I should pay you 30 EUR a month for my storage room, that's fair
Reply to commentHello Mr Bange,
don't worry. A contract is a contract. If there was nothing in this regard in your rental agreement before, you will not have to pay anything in the future. The new landlord can only list such items in the case of a new lease.
Best regards
immowelt editors
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