Paid too high ancillary costs as a tenant? You have to take that into account

Once a year, many tenants tremble at the annual statement of the ancillary rental costs. Another additional payment because everything has become more expensive? Many of the billing are incorrect, so you should take a close look.

This is the basis: Operating Costs Ordinance

The basis for calculating the operating costs (also called ancillary rental costs) is an ordinance of the Ministry of Justice (BetrVK) of the Federal Minister of Justice (BMJ), which surprisingly only contains two paragraphs has. In principle, the following applies: the landlord can pass on many, but not all, of the costs that he incurs in the management of his rented property over the course of a year to his tenants.

Paragraph 2 of the BetrKV, which lists 17 items, the so-called catalog of operating costs, is decisive. This is effectively the checklist that tenants can use to check that expenses are listed correctly.

The BetrVK also states what does not belong to the ancillary costs: the administration costs as well as the maintenance and repair costs, i.e. the repair costs.

Trust is good, control is better

Some amounts in the bill seem strange, which is why tenants are allowed to view the receipts from the landlord after making an appointment in advance.

Of strange bills, you should make a copy directly on site. If the landlord doesn't allow the use of their photocopier, tenants should take photos with their cell phones. If this is also refused, there is nothing left but to make handwritten notes about the exhibitor, date, cost item and invoice amount.

Sometimes landlords will also send copies if requested. The tenant has to bear the costs for this. Courts consider 25 cents per copy to be appropriate.

The guillotine: the one-year period and the size of the apartment

The landlord usually only has twelve months after the end of a billing period (usually the calendar year) to create a utility bill and the to demand subsequent payment resulting therefrom.

Tenancy law: BGB tenancy law - view now

If it arrives too late, you no longer have to pay the additional claims. However, the tenant can always demand payment of any credit that has arisen. There is an exception to the one-year deadline if the landlord is not responsible for the delay.

Since many ancillary costs have to be distributed among the tenants according to the living space, the size of the apartment is a key value. It is therefore advisable to determine the size of the apartment yourself. The information in the rental agreement is often incorrect. If the apartment is actually smaller than specified, this will save you money on utility bills.

Elevator, water, heating, garbage and Co.

The examination of the operating costs also includes whether items are listed that the landlord must take over. Therefore you have to check the 17 items of the BetrVK.

Check here thoroughly.

Rats, stairs and the garden

Insurance, caretaker and laundry room

Costs for fiber optics are added

The landlord has to pay for this alone

And the landlord has to pay for this alone:

If "Other costs" appear, you should take a close look. Example emergency service flat rate: According to the Berlin district court, an "emergency service flat rate" does not count as a recoverable operating cost item. The costs for an emergency service, which tenants can call at the weekend in the event of a heating failure, are not utility costs, but classic stand-by costs. They belong (like the costs for a property management office) to the administrative costs to be borne solely by the landlord (Berlin Regional Court, judgment of January 30th, 2019, Az.: 64 S 25/18).

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