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(35)| (97)A thumbs up does not apply: When landlords prepare an ancillary cost statement, they have to meet several criteria at the same time. Anyone who disregards them often cannot claim all cost items. You can also get our free sample statement.
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Sample: service charge statement
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Contents overview: Settle ancillary costs
Which ancillary costs belong in the ancillary cost statement?
Only ancillary costs that are listed in the Operating Costs Ordinance can be billed:
If you want to allocate other additional costs that fall under "Other operating costs", you have to name them separately. For example, the maintenance of extractor hoods or smoke detectors.
Link tipThese items are billable: More on which ancillary costs are apportionable and which are not.
Which ancillary costs do not belong in the ancillary cost statement?
Landlords are not allowed to settle all costs incurred with their tenants. The following have no place in the ancillary cost statement:
InfoAncillary costs settlement: These requirements must be met
The landlord may only settle the ancillary costs with the tenant if it was also agreed in the rental agreement that the tenant has to bear the ancillary costs. If nothing has been agreed on the other hand, the rent paid is an inclusive rent, with which all ancillary costs are already settled. If the individual ancillary cost items are named in the rental agreement, this is a final list: If the landlord has forgotten an item, he cannot bill it. However, according to the Ordinance on Operating Costs (BetrKV), not all the ancillary costs that can be passed on need to be listed individually; the wording "all operating costs" is sufficient to summarize the common ancillary costs according to the Ordinance on Operating Costs. Since this term is legally defined and has been common practice for a long time, it does not require any further explanation (BGH, Az.: VIII ZR 137/15).
Are landlords obliged to prepare an ancillary cost statement?
Landlords must settle the ancillary costs with their tenants no later than one year after the end of the accounting period.
InfoFor example, the billing period runs from 01/01/2022 to 12/31/2022. In this case, the tenant must have received the utility bill by December 31, 2023 at the latest. This also applies if the tenant moves out of the apartment on March 31, 2022, for example.
If the landlord misses the deadline, he can no longer assert any additional claims. Worse still: If the landlord persistently refuses to draw up utility bills, the tenant may be able to keep the utility cost advance payments or even claim them back.
How are the ancillary costs billed correctly?
When landlords prepare the ancillary cost statement, they must pay attention to formal and content-related details:
1. Specify billing period
The billing period is always 12 months. Usually the period 1.01. until 31.12. billed one year. However, other time periods can also be selected, for example 1.07. one year until 30.06. of the following year; the period must be exactly 12 months.
2. State the composition of the total costs
When landlords prepare the utility bill, the individual cost items must be clearly stated, for example water, sewage, lighting or caretaker. More details are not necessary. The landlord may specify the amount of these cost items adjusted. He only has to state the respective apportionable costs. For example, if a landlord hires a caretaker for several residential buildings: then he only has to state the caretaker costs incurred for the residential building concerned in the utility bill (BGH VIII ZR 93/15).
Proof of total costs: inspection of receipts is usually sufficient
As a rule, the landlord does not have to send copies of the invoice receipts to the tenant if the tenant can be expected to view the receipts directly (Federal Court of Justice, Az.: VIII ZR 78/05).
3. Specify a distribution or allocation key
In the ancillary cost statement, the landlord must clearly indicate which distribution key he uses for the respective cost items. A good example would be to specify the calculation based on "housing units" or "proportional living space". An invalid, because not comprehensible distribution key is, for example, "allocation according to square meters of living space * months" (BGH VIII ZR 84/07).
4. Name the tenant's share
The ancillary cost statement must state what share of the costs the tenant has to pay for caretaker costs, garbage disposal or lighting.
In this way, the landlord has presented the ancillary costs clearly enough: The individual cost items, allocation key and the tenant's respective share make it possible to check mathematically how the bill is composed.
5. Consider the deduction of any advance payments
Whether and what amount the tenant has already paid for the ancillary costs, for example in the form of an ancillary cost advance payment, the landlord must also take into account in the ancillary cost statement.
Link tipHere you will find a template for the service charge statement.
Please note that the agreements in the rental agreement must be observed with regard to the types of operating costs and the distribution key.
What are the distribution or allocation keys?
Landlords should write in the rental agreement how the ancillary costs are distributed among the individual tenants. If this is not in the contract, the cold operating costs must usually be settled according to the proportion of the living space (§ 556a, Para. 1 BGB).
By law, the warm ancillary and heating costs must largely be calculated based on consumption. In principle, landlords must bill at least 50 and at most 70 percent of the heating costs according to consumption. If they don't, the tenant can deduct 15 percent from the billed heating costs (Federal Court of Justice, Az.: VIII TR 67/03).
In the case of older or poorly insulated apartments, a higher allocation may be due according to consumption, so that 70 percent is the rule. The remaining part of the warm ancillary costs is to be calculated according to living space (§ 7 HeizkostenV). The following distribution keys are possible for the other ancillary costs:
Link TipIn this article you can read how to use the allocation bowl and which one is best for whom.
What deadlines do landlords have to comply with for the utility bill?
Before landlords prepare the utility bill, they must of course also adhere to certain deadlines:
How long is the billing period?
The ancillary costs must always be billed once a year. The billing period covers a period of twelve months (§ 556, Para. 3 BGB).
The period can be based on the calendar year, but this is not mandatory. For example, billing after the heating period is often easier.
Outflow or service principle: If invoices do not match the period of the service charge settlement
Sometimes the period billed to the landlord by, for example, a utility or insurance company does not match the utility billing period. Then the so-called outflow or performance principle applies.
An example: The billing period for the service charge bill is set to January 1st to December 31st of a year. However, residential building insurance calculates the period from December 1st to November 30th of the following year. In such cases, the landlord can usually bill according to the outflow principle, and include the complete bill in the bill for the full year.
The landlord does not have to issue a pro rata invoice for home building insurance for one year and an invoice for the following year.
But be careful: The use of the drain principle is not permitted if a tenant would be grossly disadvantaged as a result. The principle must also not be applied to heating costs, as these must be billed in proportion to consumption (Federal Court of Justice, Az.: VIII ZR 156/11).
Service charge statement with objego
Fast, simple and digital: Objego offers landlords a program with which they can create their service charge statement. With just a few clicks, landlords receive a ready-to-send invoice that is exactly right for each tenant. The software is currently free. Sign up now.
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Within what period does the landlord have to settle the ancillary costs?
The tenant must have received the ancillary costs statement no later than twelve months after the end of the accounting period (§ 556, Para. 3 BGB). For example: A statement for the period from January 1, 2021 to December 31, 2021 must have been received by the tenant by December 31, 2022 at the latest. If the tenant receives the ancillary cost statement later, the landlord cannot make any additional claims unless he is not responsible for the delay.
The annual statement of the apartment owner is not the basis for the utility bill for the tenant. The Federal Court of Justice ruled that the landlord of a condominium must settle the operating costs with his tenant within the one-year period – even if the apartment owners have not yet decided on the annual accounts for the house (BGH, Az.: VIII ZR 249/15).
An exception is only possible if the landlord can prove that he is not responsible for the delay. For example, if the post has been slow (BGH, Az.: VIII ZR 107/08).
InfoThe landlord must also refund after the settlement period has expired: If the advance payment for additional costs is higher than the actual additional costs, the landlord must also refund the corresponding amount after the deadline has expired (Federal Court of Justice, Az.: VIII ZR 115/04).
When do claims from the utility bill become statute-barred at the latest?
If, for example, a tenant does not pay an additional payment due from the utility bill and the landlord does nothing about it, the regular limitation period applies. This is three years and begins at the end of the year in which the claim arose. If the landlord only notices after the deadline that the tenant has not made an additional payment, he usually gets nothing.
Caution: The most common errors in the utility bill
If the utility bill has already been sent and the landlord notices an error, he may still be able to iron it out. Two types of errors and their consequences:
1. Formal errors
This error affects the four key points of the bill: total costs, distribution key, tenant's share and any advance payments. If one of these points is insufficient, it is a formal error (BGH, Az.: VIII ZR 295/07; Az.: VIII ZR 84/07). The statement itself remains valid, but the claim is invalid with regard to the affected cost item.
This is what landlords can do: The clock is already ticking, because the landlord must correct the error by the billing deadline, i.e. within twelve months of the end of the billing period.
In the case of an ancillary cost statement for the period from January 1 to December 31, 2020, the deadline is December 31, 2021. Until then, the landlord must ensure that the tenant receives a formally correct statement of ancillary costs. If the deadline expires, the landlord can usually no longer claim the incorrectly billed cost items (BGH, Az.: VIII ZR 57/04; BGH Az.: VIII ZR 115/04).
2. Errors in content
There is an error in content if the landlord bills additional costs that have not been agreed, forgets a billing item or makes a calculation error. It is also possible to correct this later.
This is what landlords can do: The billing period also applies to the correction of errors in content: the landlord can only iron out calculation errors and recalculate forgotten cost items within twelve months of the end of the billing period.
In the case of an ancillary cost statement for the period from January 1st to December 31st, 2020, this means that the landlord must submit his additional claim by December 31st, 2021 at the latest. Later, he can usually not claim any costs or reclaim already refunded credit from the tenant (BGH, Az.: VIII ZR 190/06; Az.: VIII ZR 57/04).
In exceptional cases, landlords can also make requests after the deadline has expired: At least if the landlord is not responsible for the fact that he invoices the additional costs late: For example, if the property tax is increased retrospectively and he did not have the necessary documents to claim these costs. As soon as the landlord receives the necessary documents, he should request them within three months (BGH, Az.: VIII ZR 264/12; Az.: VIII ZR 220/05).
How can landlords ensure that the bill is correct?
In order for the utility bill to be watertight, the mandatory information should contain (billing period, total costs, allocation key, tenant's share, deduction of any advance payments) and be as simple as be designed in such a way that it is comprehensible.
Landlords should also submit their utility bills in good time: if, despite all due diligence, they have overlooked an invoice or made a calculation error, they still have enough time to make additional claims.
What happens if the tenant objects to the statement?
If the tenant has found errors in the statement, he can raise objections to them up to the end of the twelfth month after receipt of the statement at the latest. Any complaint that comes after that, the landlord can usually ignore with impunity.
Can landlords increase the ancillary costs?
If the ancillary costs increase over time, the landlord can adjust the monthly advance payment for operating costs. However, not at will; rather, the increased advance payment must roughly correspond to what can actually be expected.
Link-TippThis is how landlords can increase the advance payment for ancillary costs in a legally secure manner – with a sample letter as a pdf file
Can additional costs be settled as a lump sum?
It can be agreed in the rental agreement that the operating costs are compensated by a lump sum. Excluded from this, however, are the warm operating costs for heating and hot water, which must be billed in accordance with the Heating Costs Ordinance.
Link-TippThis is how the operating fee works.
Frank Kemter01/14/2022Your opinion counts
(35)4.2 of 5 stars5 stars 214 stars 53 stars 72 stars 01 star 2Your rating:| (97)Share this post
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Julia on 01/17/2022 20:12
Hello everyone,
My friend moved into his apartment on September 1st, 2020 and has not received any utility bills to date. After a query with the landlord, it was said that he had never prepared a statement for his tenants and would first have to inquire about it with the tax advisor. The heating costs are billed externally (night storage). What happens if the ancillary costs are set incorrectly and the landlord now finds out that the costs may not be sufficient to cover any costs for him. Is an increase legal and possible at any time? Furthermore, there are far too few garbage cans (one ton for each type of garbage) in an apartment building with about 8 apartments. Do you have to pay special attention to an allocation key here?
Thank you for the help
reply to commentchimney12 on 31.12.2021 12:26
I've recently become a landlord myself and have been complaining about heat losses from the district heating transfer station in the basement to the two rented apartments. This means that the amount of heat supplied by the utility deviates significantly from the consumption values of the meters in the apartments.
Can I apportion the difference? How
reply to commentsabine on 25.12.2021 10:07
Hello, I have just received the utility bill. The year runs from January 1st, 2020 to December 31st, 2020. The heating/water costs were only read on April 12th, 2021 and not in the first week of January as usual.
As a result, the costs are higher because a longer period of time was used without this being pointed out. Is that correct!
reply to commentGuido on 16.12.2021 08:59
Hello.
What software can I use to settle the ancillary costs for my commercial warehouses?
reply to commentBarbara on 17.11.2021 19:59
Hello, I'm in June of this year. moved away. My old landlord wanted to send me the final bill for the heating/operating costs to my new address, but the letter was returned to the landlord. My son handed over the apartment to the landlord of the old apartment for me, but allegedly gave the wrong postcode of my new address when handing it over. Now I'm supposed to pay 30.00 euros for the re-sending of the final statement. I had offered him a refund of the postage for both letters. My question: Can the landlord charge a fee of EUR 30.00 for sending the final bill for the heating/operating costs?
Best regards
Reply to commentimmowelt redaktion on 18.11.2021 15:46
Hello Barbara,
Basically, the postage is not one of the additional costs that can be passed on. If I have understood your case correctly, you have already agreed with the former landlord that the postage will be covered.
But 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
William on 14.11.2021 17:52
In my heating and utility bill
will cost me under the heating system
Equipment rental heating
Equipment rental hot water billed.
What does that mean and is that correct?
Thank you
Best regards
reply to commentredaktion.immowelt.de on 15.11.2021 12:43
Hello William,
Please refer to your rental agreement. Tenants can be charged the costs of heating and hot water in the operating costs if this has been agreed in the rental agreement.
Best regards
immowelt editors
Frederik on 08/30/2021 09:27
On January 1st, 2020, our mixed-use property, inhabited as a private tenant, was sold to a new owner. In our current operating cost statement for 2020, unlike in previous years, the commercial unit on the ground floor is obviously no longer included. As a result, the total area of the property is actually reduced from 2442m2 to 1661m2 and from 19 to 18 units. For us, this has a very negative effect on heating and water costs as well as operating costs, despite almost identical consumption values. Means that for the year 2020, despite an adequate advance payment of 260 € p. M. for a 110m2 large attic apartment, an additional payment of over 1000 € is now required. We have lived in the apartment since 2009. With the sale of the property, we were not presented with a new rental agreement with a new regulation of the utility bill, nor were we informed of this change in the billing of the allocation key.
In any case, the operating/ancillary cost statement prepared by Techem still mentions “m2 usable area” and not “living area” with regard to the total costs under “total units”.
Now to my question: is it legitimate to exclude commercial space from the total floor space? Does this mean that the trade receives a separate utility bill? In my opinion, this is not transparent and the billing may be contestable? Shouldn't we have been informed about the changed billing modality in advance?
Thank you!
Best regards
Reply to commentSilvi on 08/17/2021 18:04
Our toilet box had a defect (not the float) so that water was constantly flowing. It took our caretaker up to 14 days to fix the whole thing correctly. Since he also ordered the wrong part, which did not eliminate the cause. Do you have to pay for this material and hourly wages and who pays for the almost 14 days of wasted water.
reply to commentimmowelt editorial team on 08/18/2021 08:20
Hello Silvi,
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
Elli on 18.07.2021 15:38
How can it be that the drainage is 3,334 euros and in 2020 it was 700.11 euros. So the 4-fold, 2020 over 1,000 euros and now 600 euros additional payment we are 2 people in a 63.1 square meter apartment
reply to commentimmowelt editorial team on 19.07.2021 10:38
Hello Elli,
This is probably due to the allocation key. The more water the whole house uses, the more all tenants have to pay together. The state of affairs they present appears, of course, to be unjust and inappropriate.
This is where you should talk to your landlord. Because this allocation key is of course not intended for you to also pay the water costs for the guests of your neighbors.
Best regards
immowelt editors
Elli on 13.07.2021 23:59
I live alone with my daughter, so there are two of us. Refugees live in the house who take in their relatives every year for 4 months. There are 5 people, so they are 9 people, the other family is 4 people plus 3 people extra also for 3 months, both of them wash 15 machines a week and all their carpets. Now I have an additional payment of 600 €. Although we are 2 people and I have always had 500 € - 1000 € credit.
reply to commentS.K. on 04/11/2021 12:55
Dear Immo.Team,
Our tenant is moving out this month. We have a company come for the heating bill (they read the tubes on the individual radiators.). Can I pass the bill on to the tenant in full, since these additional costs only arise when I move out?
Best regards
reply to commentR.E. on 07.04.2021 09:08
Hello dear Immowelt team,
I have a question about the other operating costs.
When I moved into the house - after completion, other operating costs were allocated and calculated annually. Maintenance of technical systems, roofing, ventilation system, roller shutter TG, glass-aluminium external elements (fire protection) were invoiced.
Can I appeal if these costs are not listed by name or is there some kind of common law as I have been paying these costs for 5 years?
Thank you!
reply to commentR.E. on 07.04.2021 09:09
- So the costs are not listed individually in the rental agreement under other operating costs
immowelt editors on 07.04.2021 13:41
Hello R.E.,
First of all, other operating costs must be ongoing costs. If they are not listed in the lease, but have been paid by the tenant for years, there may be a so-called tacit agreement of the content.
Please understand, however, that we cannot and may not provide legal advice. We recommend that you seek advice from a specialist lawyer or a tenant protection association.
Best regards
immowelt editors
R.E. on 07.04.2021 14:39
Thank you, that's what I thought and yes, it's an ongoing cost. In terms of costs, hiring a lawyer would be pointless.
J.F. on 03/03/2021 14:48
Can you reclaim too much paid NK from previous year's NK statements if you only now find out that the rental space is different and the distribution key was therefore never correct?
reply to commentredaktion.immowelt.de on 03.03.2021 22:51
Hello,
if that's actually the case, you can do that. Claims by the tenant only become time-barred after three years.
Best regards
immowelt editors
redaktion.immowelt.de on 03.03.2021 22:51
Hello,
if that's actually the case, you can do that. Claims by the tenant only become time-barred after three years.
Best regards
immowelt editors
KS on 02/12/2021 18:21
If I set a flat rate for non-consumption-based operating costs in the rental agreement (consumption-based costs are charged separately in advance and billed annually), do I still have to specify a distribution key for this in the contract (which I used to calculate the flat rate internally)?
Reply to commentHello KS,
With a flat rate, the distribution keys do not have to be specified. However, please understand that we cannot and may not provide legal advice. If in doubt, please contact a specialist lawyer or an owners' association.
Best regards
the immowelt editors
KS on 02/16/2021 11:54
Hello,
Thank you for your feedback. However, I have a question about the allocation key for the ancillary cost statement, which should certainly be of interest to every reader of this article. In fact,
As a landlord, can I later change the allocation key for a tenant from consumption-based calculation to proportionate square meters in order to ensure that all tenants (including those who joined later) are treated equally?
The background is that currently only one apartment is rented out to a third party, which is equipped with water meters, which should also be used because that's the most accurate way; the other apartments occupied by the owners themselves do not currently have their own meters. If the remaining apartments are also rented out to third parties at some point, the water consumption for all residential units would have to be converted into square meters to ensure equal treatment. Alternatively, there would be an installation of intermediate meters for all the remaining apartments, which would be quite complex and expensive.
In this case, can you, as a landlord, be forced by law to have meters installed if you have the option of simply changing the allocation key instead?
Thank you again and best regards,
immowelt editors on 02/17/2021 07:31
Hello KS,
It is usually not possible to change the distribution code unilaterally. This would only be permissible if the system switched to (overall) usage-based billing. As long as meters are not in all apartments, this is not permitted. Nor can landlords be forced to install a meter.
Best regards
the immowelt editorial team
schmali2 on 17.01.2021 12:59
Hello
I have the following question about our utility bills
The house has now been inherited by a community of heirs. As a result, property tax has almost doubled. Is that all legal?
Reply to commentHello Schmali,
If necessary, have this checked by a specialist lawyer. This is not easy to answer from afar.
Best regards
immowelt editors
Norbert W. on 17.12.2020 20:08
Dear Immowelt editors
I have the following question about the utility bill:
On December 31, 2019, there was a change of ownership for the rental apartments. The end of the billing period was always May 31st. one year. The old landlady wishes
to make a statement by December 31, 2019. This ancillary cost statement was made on September 17th, 2020.
The reading of the consumption values did not take place until February 10th, 2020. These values were calculated for the period up to December 31, 2019. We have objected to this ancillary cost statement. Both the previous landlord and the new landlord are of the opinion that the old landlady is entitled to the claim. The advance payments made in January and February were not included in the settlement as of December 31, 2019. Today the new landlord stated that this should be done for insurance reasons.
Previously, there was no information from the landlord and no written consent on our part. Doesn't the period of 12 months for an accounting period apply here?
Reply to commentHello Norbert W.,
You are right. According to Section 556 BGB, the billing period is always twelve months. In this respect, it does not matter what the old/new landlord wants, the difference in the billing period means that the bill is ineffective. The argument of "reasons under insurance law" is also incomprehensible.
Please understand that we cannot and may not provide legal advice. If in doubt, you should seek legal advice from a specialist lawyer or a tenant protection association.
Best regards
the immowelt editorial team
Andrea R. on 12/13/2020 3:14 p.m
Dear Immowelt editors,
I have the following question about the utility bill:
My husband moved out of our shared apartment more than 2 years ago, so I stayed here alone with my two children. My ex-husband hasn't explained himself to the landlady, so we're both still on the lease. Since the summer we are officially divorced. The additional costs are partly apportioned according to square meter and partly according to the number of people. The last utility bill (from 2019) was then settled with 4 people (e.g. for water). I spoke to my landlady that only 3 people still live in the apartment (she knows that because we all live in the same house). She then said that she didn't care because she had a rental agreement with me and my ex-husband and then I had to see that I got the money back from him. I won't get my money back from him. I don't care that he's still on the lease. But I find it more than unfair that I have to bear the additional costs for him and that the other two parties in the house benefit from it. Is that legal?
(In addition, a 10,000 liter pool was filled by the landlady in the summer... she is not allowed to state these costs in the general additional costs, right)
Thank you very much in advance for your answer.
Greetings
reply to commentimmowelt editorial staff on 17.12.2020 12:29
Hello Andrea R.,
if it is certain that there is one less person living in the apartment, then they should not be included in the ancillary costs.
When it comes to the pool, the question is whether it is for the general public or just for use by the landlady herself, because then she would not be able to pass the costs on to the tenants.
Please understand, however, that we cannot and may not provide legal advice. We recommend that you seek advice from a specialist lawyer or a tenant protection association.
Best regards
the immowelt editorial team
Kristin S. on 08.12.2020 12:44
Dear Immowelt editors,
I have 2 questions about a deposit statement I received from my landlord. We lived in the apartment until August. The landlord would like to temporarily withhold €300 for surcharges 2020 special Vz, the surcharge for 2019 was 53 euros. The 2020 surcharges will probably not be settled until the 4th quarter of 2021, i.e. the agent would withhold these costs for another year, and it also seems right to me much. Is this legal? What can I do in this case? In addition, the landlord has estimated €20 for replacing the operating instructions for the bell and the fire alarm. That seems ridiculous to me. Is he allowed to do that?
Thank you very much for your help!
reply to commentimmowelt editorial staff on 09.12.2020 08:14
Hi Kristin,
The landlord is happy to explain to you what this "special VZ" is supposed to be. This term does not exist in tenancy law.
The deposit is there to repair any defects that may have arisen - replacement of the operating instructions for the bell and the fire alarm, for example - or to absorb foreseeable, increasing operating costs. However, these must also be listed in the BKA. Unless certain items have risen sharply, withholding a deposit that is well in excess of the 2019 additional payment should not be permitted. Otherwise, the deposit should be paid no later than six months after moving out
will be back in your account.
Best regards
immowelt editors
Daniel K.on 05.12.2020 12:47
Dear Immowelt reaction,
Like us, we received our ancillary costs for 2019.
Now, in our case, I don't understand the home insurance breakdown.
1. Building insurance increased by around €530 from 2018 (€1614.53) to 2019 (€2144.41). Is this reasonable for a tenant?2. According to the code, he divided the sum by square meter, but then I don't get the total amount given.I'm also wondering how the property tax works (it's a mixture of a commercial building and a rental apartment, can he simply pass the entire amount on to the tenants or is there a difference between commercial and tenants.
Thank you in advance for your efforts 👍👍
Reply to commentHello Daniel K.,
if the sum is not understandable, asking the landlord often helps. If in doubt, you can also compare the costs with your neighbors. In this way errors can be detected.
Regarding your second question: The corresponding sum must always be apportioned here.
Best regards
immowelt editors
Klaus on 11/11/2020 12:16
Dear Immowelt reaction,
I have a problem with my 2019 utility bill for a condominium that I
I sold in 2019 had problems.
I sold the apartment from May 1st. The invoice confirms this
Cold water billing: I haven't used any water in the 4 months. The water meters confirm this for me. I also had this confirmed with the buyer of the apartment. Now I have to pay for 120 days (out of 365) in proportion to the total consumption.
Heating bill: I have not run any heating in the 4 months. The heat volume controllers show no consumption. I also had this confirmed with the buyer of the apartment. Now I have to pay for 4 months (Jan-April) according to a time factor based on the total consumption.
Summary: I understand that there are additional charges for the entire condominium (approx. 50 units), but as a basis for telling me that I have to pay pro rata I felt questionable.
reply to commentThomas on 16.10.2020 00:42
Dear Immowelt reaction,
First of all, a big compliment to you for the extensive information and answers to the numerous questions.
I am a landlord and I have a question: Can I charge the tenants for heat losses (approx. 20% of the heating costs) from the heating installation (flush-mounted) via the operating and ancillary costs with a distribution key of 50% consumption, 50% living space, if so, how ?
I look forward to your reply
Thank you very much and greetings
Thomas
reply to commentp. Sauerbruch on 08/15/2020 19:14
Hello real estate world,
The ancillary cost calculation for heating costs is based on consumption-dependent costs (kWh) that result from the meter readings. In addition, "area-dependent costs" (110m²x8/12), "costs of the measuring device" and "costs for water heating and heat loss" are raised.
For water costs, consumption-dependent costs (m³), and also "area-dependent costs" and "costs of the measuring device" are calculated.
The fact that consumption-based or causation-based ancillary costs are apportioned according to actual consumption is understandable under the current heating cost ordinance.
My question: Can "area-dependent costs" also be charged if consumption is clear from meter readings?
Best regards
p. sour curd
reply to commentSusilam 16.07.2020 22:55
Hello real estate world,
following fictitious example.
Moving into a rental apartment in February 2019, there is no information in the rental agreement about the billing period for the operating costs.
Measuring service provider X, however, has been commissioned with a billing period from May 1st to April 30th, i.e. during the year.
In July 2020, the tenants were sent the heating and hot water bills with the billing period 05/01/18-04/30/19. Effective period of use by tenants 01.02-30.04.19.
An additional payment requested therein is not legal, since the period of 12 months after the billing period has been exceeded, isn't it?
The landlord can still bill his cold operating costs (property tax, insurance, etc.), but the warm operating costs can no longer be used due to the billing period of the metering service provider, since they are more than a year old, right?
reply to commentJohannes on 17.06.2020 13:43
Hello!
I moved into an apartment on January 1st, 2019 that had previously been empty for about a year.
Now came the utility bill for 2019.
The fixed costs for cold water (equipment rental cold water meter and service costs for cold water supply) are apportioned depending on consumption.
Since I was the only tenant in 2019, these fixed costs are fully allocated to my cold water consumption.
Is that legal?
In my opinion, you should only pass on 1/12 of the fixed costs to my consumption, since I only lived in the apartment for one month in 2019.
Greetings
John
reply to commentJohannes on 13.07.2020 11:40
Done. The landlord corrected the statement and only charged 1/12 of the annual fixed costs.
Müller 123 on 04/06/2020 07:37
Hello, I am the landlord of a 4-sided farm.
Three sides of the farm are rented and the 4th side is a barn. Building insurance covers the entire yard. A tenant would like to pay for the insurance divided by the living space. After recalculating the additional costs according to living space, this tenant is not willing to pay the additional costs. The reason is the insured barn.
What should I do now?
The insurance premium refers to the entire farm.
Reply to commentImmowelt editors on 07.04.2020 10:00
Hello Müller 123,
Depending on the agreement in the rental agreement, the agreed billing key must be used. If it was simply agreed that the operating costs would be billed without a specific allocation key having been agreed, the law stipulates that the cold operating costs must be allocated on a pro-rata basis. If the barn is also secured, the proportion of the area covered by the barn must be included. This means that if the barn is not rented out, the landlord himself pays for the pro rata costs for the building insurance, these pro rata costs cannot simply be passed on to the tenants.
Best regards
the Immowelt editorial team
Jürgo on 02/28/2020 21:26
I have a question live in a rented apartment on the ground floor above us our landlords live. Our landlords have a room in the basement that they use commercially. Our apartment is operated via an oil heater, which also heats the basement. In this case, how is the consumption distributed? What share do we pay and what part of the costs does our landlord have to bear. Cheers Jürgo
reply to commentImmowelt-Redaktion on 03/02/2020 09:18
Hello Jürgo,
Based on your description, we assume that it is a two-family house in which one apartment is rented and the other apartment is occupied by the owner himself. In this case, the landlord does not necessarily have to bill the heating costs in accordance with the Heating Costs Ordinance, i.e. mainly according to consumption, but can also be billed according to proportionate area, for example, if this has been agreed in the rental agreement in this constellation. From our point of view, it depends on whether the basement room is a separate unit - then, in our opinion, the building would no longer be a two-family house, with the result that billing has to be predominantly based on consumption.
Best regards
the Immowelt editorial team
Irmgart on 02/16/2020 06:39
Hello
What happens if the following is missing in the rental contract: Distribution key and indication of square meters as well as additional costs for cleaning and vermin removal but the tenant cleans the hallway every week according to the cleaning plan and rental contract? How long retrospectively does this apply?
Reply to commentHello Irmgart,
According to recent BGH case law (Az.: VIII ZR 137/15), no such details regarding the operating costs have to be regulated in the rental agreement. According to BGH judges, a short notice that the tenant has to bear the operating costs is sufficient. The guiding principle of the judgment reads: "In the case of renting a living space, it is sufficient to transfer the operating costs to the tenant - also in the form of an agreement that the tenant has to bear the "operating costs". Even without enclosing the catalog of operating costs or express reference to § 556 paragraph 1 sentence 2 BGB and the Operating Costs Ordinance of November 25, 2003 (BGBl. I. S. 2347) the allocation of the operating costs defined in § 556 Para. 1 Sentence 2 BGB and explained in the Operating Costs Ordinance is agreed."
Best regards
the Immowelt editorial team
Anne-mie on 22.01.2020 13:50
What can I do if the landlord charges me for the general electricity for the storage in the NK bill, even though only 2 tenants are using it. I've never been like other 7 parties on the store.?
Reply to commentImmowelt editors on 23.01.2020 10:53
Hello Anne-mie,
The landlord can bill operating costs such as those for common electricity according to the agreed billing key even if the tenant does not use a common area that he could use.
Best regards
the Immowelt editorial team
!novum33! on 01/16/2020 14:39
Hello,
I have received my current utility bill and the following facts.
I live in an attic apartment for rent. Below me on the 1st floor is also a rented apartment. Next to it is the landlord's laboratory and the landlord's practice on the ground floor.
I clean the stairs from the 1st floor to the top floor myself. In my utility bill, however, the house cleaning costs are calculated 100% based on the size of my apartment.
I would like to know if this is permissible and, if applicable, how else it could be applied.
Best regards
Reply to commentImmowelt editors on 17.01.2020 10:46
Hello !novum33!,
In principle, only those operating costs can be billed that have also been effectively agreed in the rental agreement. For example, if it has been agreed that the tenants are responsible for cleaning the house, no costs can be charged for this.
In addition, as a tenant, you must not be burdened with costs that arise from commercial use. Only in exceptional cases, in which a separation is not possible or the commercial costs roughly correspond to those of living space, can a flat-rate bill for the operating costs for the entire building be drawn up.
If there are doubts about the statement, you can exercise your right to inspect the receipt and check whether the amount of the specified items is correct. You can also get legal advice from a specialist lawyer or a tenants’ association.
Best regards
the Immowelt editorial team
Tine on 06.01.2020 19:56
Hello,
We have lived in our apartment since 2017. At the end of December 2019 we received the first utility bill for 2018. This with a very high back payment.
So far, everything has been explained in an understandable and relatively comprehensible manner.
Except for the water costs.
According to our rental agreement, these should be billed according to consumption. The sewage charges should be billed per person in the household.
(we are of course the largest rental party with 4 people)
So, now our landlord writes that he could not receive any reading data from the landlord of the meter for data protection reasons. And so he simply calculates the water charges by the number of people in the household.
Our water costs are said to have doubled compared to our previous apartment.
New water meters were also installed in November 2019. So that we can no longer understand the final result. But we also see that according to the new meters we have a significantly lower water consumption compared to our neighbors (pensioners).
May our landlord simply change the allocation key despite a contractual agreement because he allegedly cannot access the detailed data?
Thank you in advance
reply to commentTine on 23.01.2020 20:41
Hello, thanks for the reply. We don't really know which arguments we can use here.
It is also still the case that one of the 4 tenants was an occupational therapist (has since moved out)
Of course, they have a lot of walk-in customers. The sewage fees are allocated here in the house to the number of people / household.
The apartment and person numbers here are as follows
WG 1: 1 person
WG2: 2 people
WG3: 4 people (that's us)
WG4: Occupational therapy
Apartment 4 was assigned to one person for the allocation key.
Is that correct? Because all the staff and customers use the toilet flushing much more often than we do. (just as an example)
By the way, he calculated our 4-person household with 3.5 people (children 5 and 2)
What should the allocation key look like with such commercial parties?
Thank you in advance
Immowelt editorial team on 24.01.2020 10:47
Hello Tine,
In some cases it may be appropriate for the landlord to make an advance deduction of the costs incurred on the commercial unit. However, this is only mandatory if otherwise there would be an unreasonable disadvantage for the other tenants.
Invoicing according to the number of people for cold water costs is generally permissible if there are no devices for measuring consumption. In your case, however, it is still not conclusive for us as to why the landlord cannot get hold of the meter readings.
Best regards
the Immowelt editorial team
Immowelt editors on 07.01.2020 11:55
Hello Tine,
If it has been agreed that water will be billed according to actual consumption, this must also be observed. If this is not possible - for whatever reason - an estimate would have to be made in principle, which, however, does not involve the risk of being unfavorable to the tenant. Simply changing the billing key for this reason is also incorrect. We think it's pretty strange that the landlord can't get to the meter readings. The purpose of a meter reading by a meter reading company is to inform the landlord of the property of the meter reading status so that he can bill with legal certainty. Hiding the meter readings for data protection reasons seems bizarre to us, especially since they are not subject to data protection in this specific constellation. Because they are necessary for correct accounting.
Best regards
the Immowelt editorial team
LiSvCh on 01/02/2020 21:41
Hello,
We have received our statement and due to meter changes we were given two partial statements. Once 01.01.-30.11. and 30.11.-31.12. .
Is it okay or formally legal that two bills are sent due to the change of all consumption meters and the corresponding interim readings?
Thanks in advance for the reply.
Reply to commentImmowelt-Redaktion on 07.01.2020 09:25
Hello LiSvCh,
Unfortunately you don't write whether (we assume it's about heating costs) whether the utility bills you or the landlord. If it is a landlord settlement, § 556 (3) BGB applies: "Prepayments for operating costs must be settled annually;...", whereby the "annually" is to be interpreted here as once a year.
Best regards
the Immowelt editorial team
LiSvCh on 07.01.2020 13:16
Dear Immowelt editors,
This is a landlord statement, operating costs and heating costs are listed together in the statement. The two partial accounts are justified by the fact that the meters were replaced in the accounting year. So electricity, cold and hot water, as well as heat meters were read on November 30th. From 01.01.-30.11. So there is an accounting and then from 30.11.-31.12. there is a statement with the new meter readings.
Our landlord is still obliged to do so i. s.d. given paragraphs to add these meter totals together and show them as ONE annual statement? So the division is really inadmissible?
Greetings and thanks in advance for the previous reply.
Immowelt editorial team on 08.01.2020 09:09
Hello LiSvCh,
By law, the landlord would be required to provide a single statement for the 12-month billing period. Since we are not aware of any court judgment that specifically deals with the constellation you describe, we cannot make a final judgment on the case; the fact that there are two accounts instead of just one for periods of less than 12 months each could be interpreted in such a way that the account(s) is/are not formally correct. The prevailing legal opinion then assumes that the tenant does not have to pay any additional claims. Only when a formally correct statement is available can a landlord subsequently correct it. However, this is only at the expense of the tenant within the 12-month billing period. However, we cannot conclusively assess whether the given constellation can result in a solution that is advantageous for you. Here you could, to get certainty, take advantage of the expertise of a specialist lawyer or tenants' association on site.
Best regards
the Immowelt editorial team
Global on 10.12.2019 22:39
Hello,
I have received the utility bill for 2018.
Billing period: 01/01/2018 – 12/31/2018
My period of use: 06/01/2018 – 12/31/2018 (7 months)
Under chilled water cost is listed:
Equipment rental for cold water EUR 152.23
This amount is divided by the total cubic meters, so the amount is calculated for one unit and this is multiplied by my consumption (correct).
152.23 EUR : 325.643 cubic meters (total unit) = 0.467475 (price per unit)
0.467475 (price per unit) x 41.000 (my units) = 19.16 EUR
The equipment rental of EUR 152.23 refers to 12 months.
Do I also have to pay the equipment rental for 12 months, or only pro rata (my 7 months)?
By the way, there are still costs for hot water equipment rental.
Thank you in advance.
reply to commentImmowelt-Redaktion on 11.12.2019 8:19
Hello Global,
In principle, operating costs are only to be paid proportionately in cases in which a tenant lives in the apartment during a billing period - or in cases in which billing is based on actual consumption, based on actual consumption.
By the way, we don't know what "equipment rental" means - the cold water meter? In this case, the sum mentioned would seem quite high to us.
Best regards
the Immowelt editorial team
HD on 11/24/2019 12:10 PM
Hello,
I am the owner of a 2-family house, one of which is rented out. Can I claim 100% of the ongoing operating costs for residential building insurance, house and landowner liability and the costs for garbage disposal, or only the amount that I pass on to the tenant? Thank you in advance for an answer.
Best regards
hd
reply to commentImmowelt-Redaktion on 25.11.2019 10:45
Hello hd,
Costs related to the rental can only be claimed pro rata for tax purposes, i.e. not for the portion used by the tenant.
Best regards
the Immowelt editorial team
Roland Klein on 08.11.2019 17:37
My landlord proposes monthly an amount on the cold rent for possible repairs
and possible loss of rent due to vacant apartments in the building. Is that legal?
reply to commentImmowelt-Redaktion on 11.11.2019 09:22
Hello Roland Klein,
In addition to the basic rent, landlords can only charge those operating costs that are listed in the Operating Costs Ordinance. Repairs are basically the responsibility of the landlord. Protection against a possible loss of rent is part of the private asset management of the landlord and is not to be paid by the tenant.
If necessary, you should work with the help of a tenants' association or a lawyer specializing in tenancy law to persuade the landlord to proceed in a legally compliant manner.
Best regards
the Immowelt editorial team
Hello on 09/20/2019 09:08
Hello, I have two questions about the calculation of the allocation keys for:
Period of the service charge settlement: 01/01/2019 - 12/31/2019
Allocation key: area
1. What effect does it have on the allocation key if a person is added within the period of the service charge settlement?Example: on March 31, 2019, the area increases from 40 to 50
Allocation key = (90 days * 40 + 275 days * 50) / 365 days = 47.53... ?
2. Does it affect the allocation key if the lease begins or ends within the service charge settlement period?Example: Area = 50, tenant move out on 3/31/2019
Is the allocation key 50 or can or must the days of apartment use be taken into account in the allocation key? -> Allocation key = (90 days * 50 + 275 * 0) / 365 = 12.33...
Thanks for replies
reply to commentHello on 09/20/2019 09:10
Correction 1. What effect does it have on the allocation key if the area increases from 40 to 50 square meters within the period of the service charge settlement?
Immowelt editorial team on 09/20/2019 11:21 am
Hello,
In the case of an allocation key based on area and an increase in area during the billing period, there would be a prorated allocation over time, in principle as you have shown. However, the question arises as to how the area of the rental property will change. This is because such a significant change in area represents a significant change that a tenant may not even have to accept because he then suddenly has something other than what he has rented under contract.
If the rental agreement ends during the accounting period, the area will be used pro rata temporis if the accounting key is based on area. It would be different with other billing keys (persons = person-days; consumption = mostly actual consumption, etc.)
Best regards
the Immowelt editorial team
Budzin123 on 08/13/2019 18:41
Hello
Are there companies that take over the NK bills for the landlord? My housing company just lists all the apartments...don't go through there. Or does something like that take on a tax consultant?
Reply to commentImmowelt editors on 14.08.2019 11:45
Hello and thank you for your comment,
If the landlord does not take care of the utility bill himself, such activities are usually carried out by property managers. But there are also other companies that specialize directly in this service.
Best regards
the Immowelt editorial team
mxwehr on 07/31/2019 21:49
Hello
We have a credit from the gas bill. How should this credit be distributed? It should still be distributed m² but since I used up the least I would make losses.
Thanks for the replies
reply to commentImmowelt-Redaktion on 01.08.2019 13:39
The law stipulates that the costs for heating and hot water (i.e. the costs of the gas supplier) must be billed at least 50 and at most 70 percent according to individual consumption. In this respect, an allocation of these costs by square meters is not possible from the outset. The landlord must also make any repayment dependent on the individual consumption of a residential unit.
Best regards
the Immowelt editorial team
mxwehr on 07/31/2019 21:53
I completely forgot I paid about the same additional costs for even the smallest living space!
Immowelt editorial team on 08/01/2019 09:23
Hello and thank you for your comment,
According to the Heating Costs Ordinance, the landlord must charge at least 50 and a maximum of 70 percent of heating costs and costs for hot water according to consumption. The law does not provide for an allocation to the individual residential units based only on square meters. The only exception here are two-family houses if a residential unit is occupied by the landlord himself.
Please understand, however, 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
mxwehr on 01.08.2019 13:11
Hello
Thanks for the quick reply Immowelt editors
Sorry, I don't seem to have expressed myself correctly. I live in a 3 party house. All apartments are the same size. Since I live on the top floor, not everything is counted towards me, so my apartment is the smallest in terms of square meters. The other tenants pay 125€ for all utilities (garbage, heating, water, sewer, etc.). I pay 200€ a month for all additional costs. That's fine, since the other tenants are fitters and don't live in the apartment all the time.
The billing has been done and is correct. Now the Stadtwerke have repaid around €900 in gas costs. This €900 would now have to be broken down into the three parties. The suggestion is to do it by the square meters. I wouldn't get €300 there. Since I am the tenant with the lowest consumption (approx. 30%) after the billing, I do not agree with this breakdown. So my question is how such costs are usually broken down.
Thank you
for the answers
Oliver on 06/07/2019 09:26
How must the amounts for billing be entered correctly for cross-year invoices? Billing period is 01.01. - 31.12. However, the billing period for general electricity is 01.09. - 31.08. of the following year, e.g.. Can the monthly advance payments to the energy supplier be included for the billing year or is only the final amount on the annual bill to be included here, even if part of the invoiced amount is from the previous year? Or do I have to split the two invoices that are required for the accounting year accordingly? Only then the "consumption" based on the accounting year is not correct.
Reply to commentImmowelt editors on 06/11/2019 08:38
Hello Oliver and thank you for your comment,
The Federal Court of Justice has decided that in such a case the operating costs can be settled according to the outflow principle. This means: landlords can pass on the entire bill to the tenants for the year in which they receive the bill (Az.: VIII ZR 27/07).
Please understand, however, that we are not permitted to provide legal advice. If in doubt, we recommend talking to a specialist lawyer or an owners' association such as Haus & Ground.
Best regards
the Immowelt editorial team
Andrea on 03/25/2019 15:18
Hello,
As a landlord, can I, as a landlord, pass on the costs charged by the administrator for the preparation of the certificate for household-related services in accordance with Section 35a EStG to my tenant, who is given this certificate?
Thank you and best regards
A.P.K
reply to commentImmowelt-Redaktion on 03/26/2019 08:35
Hello Andrea and thank you for your comment,
usually not, no. The case law is of the opinion that the tenant is entitled to a free certificate and that the additional work for the landlord represents administrative costs. These cannot be passed on to the tenant via the operating costs (e.g. district court Berlin-Lichtenberg, Az.: 105 C 394/10).
Please note, however, that we cannot make a definitive assessment of individual cases from a distance and that we are not permitted to provide legal advice. In the event of a dispute, we recommend seeking advice from an owners association such as Haus & reason or a specialist lawyer.
Best regards
the Immowelt editorial team
mhilde72 on 06.03.2019 22:48
Hello,
I have been living in the apartment since 03/01/18. Today came the utility bill for 18 '. Calculated from 01.01.18. Is this allowed? The apartment had been empty for a few months. The house has 8 parties and I pay the consumption for the other parties. Is that allowed? I look forward to your answer.
Thank you. .
Greetings M.
Reply to commentImmowelt editors on 07.03.2019 10:44
Hello and thank you for your comment,
The billing period remains the same, even if a tenant moves in during the current year. Of course, he then only has to pay a portion of the operating costs incurred, which are not calculated based on consumption. So if your rental contract runs from March 1st, you only pay the operating costs for ten out of twelve months. If the property is vacant, the landlord must bear the operating costs incurred proportionately.
Please note, however, that we cannot make a final assessment of your utility bills remotely, also because we are not allowed to provide legal advice. We would therefore recommend that you have the billing checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
mhilde72on 07.03.2019 11:37
Hello,
Thank you. I will have it checked. As stated in the statement, January and February were included in the calculation. I have an additional payment to make and I request a new invoice from March 1st. 18 .
Have a nice day.
Best regards M.
A.B. on 02/25/2019 10:54
Dear Sir or Madam,
My landlord has not specified an allocation key in the rental agreement. Now he calculates the heating bill and garbage disposal at 60/40%, i.e. 120m²/80m², but the building insurance, rainwater fee, property tax and Bevergerner Aa at 50/50%
Is that correct?
I look forward to your reply
Best regards
A.B.
reply to commentImmowelt-Redaktion on 25.02.2019 11:42
Hello and thank you for your comment,
Based on the information you have given, we assume that this is a two-family house. In this case, it depends on whether the landlord lives in this house himself. If this is the case, billing in accordance with the Heating Costs Ordinance is not absolutely necessary and an apportionment as you have described would theoretically be possible. However, if both parties are rented, the heating costs alone would have to be billed proportionately according to consumption. Please note, however, that we cannot finally clarify the legality of your utility bill remotely, also because we are not allowed to provide legal advice. However, you can have your utility bill legally checked by a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Larissa1 on 02/17/2019 17:45
Dear Sir or Madam, the Immowelt editorial team,
I have the following questions:
1. Sewage pipe burst in my basement compartment: My personal belongings were completely ruined and had to be carried out of the basement to the street for bulky waste disposal.
After that, it was necessary to clean the basement, the stairs, etc. and disinfect them with Sagrotan. I did this myself because the landlord didn't do anything. Do I have a claim for reimbursement of expenses for this work and can I present the landlord with my invoice for my disposal, cleaning and tidying up work with a request for payment?
2. Apartment entrance door was renewed, landlord has given the order. Craftsmen have left old seals, dirt, silicone residue, packaging material, dust...etc. Worked here for several days. I had to remove their dirt in the stairwell, in and in front of my apartment and clean everything. Is there a claim for reimbursement of expenses for my cleaning work and can I submit an invoice for this cleaning work to the landlord?I look forward to hearing from you.
Thank you very much today and best regards
A.K.H.
Reply to commentImmowelt editors on 02/18/2019 10:24 am
Hello and thank you for your comment,
Both cases are basically defects that the landlord is responsible for eliminating. Tenants must first inform the landlord of these defects and give him a reasonable period of time to rectify them. Only then can you commission the removal of the defects yourself and also charge the landlord for this.
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
Klaus-Dieter on 02/12/2019 15:41
Dear Sir or Madam,
I have a question about ancillary costs: can a landlord, for example, exclude a tenant from the costs of gardening work or does he have to distribute the costs among all parties (pro rata)?
Thank you for a short feedback
Reply to commentImmowelt editors on 02/13/2019 08:52
Hello Klaus-Dieter,
Thank you for your comment. In principle, it is possible, for example, that one party failed to agree on the settlement of the ancillary costs for the gardening work in the rental agreement, but not on the other party. In this case, the landlord could pass on the costs of gardening to the party for whom the same was agreed in the rental agreement. However, he would have to bear the pro rata costs for the party that failed to do so himself. Simplified example: The owner has rented out an apartment building with five parties. The apportionment of the garden work is agreed in two leases, but not in three. As a result, the landlord could pass on one-fifth of the costs to two tenants, but would have to bear three-fifths himself.
Best regards
the Immowelt editorial team
Larissa1 on 02/11/2019 16:20
Dear Sir or Madam, you are extremely quick in processing the questions. I am totally
surprised, didn't expect such great service. My compliments to you.
Another thought: Formal errors in the accounting would lead to the ineffectiveness of the accounts if - as described in my case - it should actually be a formal error. What are the objection periods and limitation periods in the case of formal errors and the ineffectiveness of the statements? Are there any judgments on formal errors that shed some light on the subject?
I look forward to your reply. (Please let me know if I am using you excessively or
go beyond the given framework.) Best regards, A.K.H. (02/11/2019)
Reply to commentImmowelt editors on 02/12/2019 09:25
Hello Larissa,
Thank you very much for the praise, we are of course pleased. In general, tenants have one year to complain about an incorrect utility bill, after which it is considered tacitly accepted. Landlords can only make corrections to the statement within twelve months after the end of the statement period. The regulations in question result from § 556 paragraph 3 BGB.
Best regards
the Immowelt editorial team
Larissa1 on 02/11/2019 15:34
Dear editorial staff,
Thank you very much for your answer. However, may I ask how the wording is to be understood:
" ... and e n g e n t i o n t o f the apportionment key(s)." Would this possibly mean that the landlord has to name the total living space of the house, from which the percentage of 18.5% results based on the size of the apartment? Many thanks in advance for your support.
Best regards, A.K.L. (02/11/2019)
Reply to commentYou could understand it that way. However, there is no uniform, binding pattern as to what exactly needs to be named and what not, so unfortunately your question cannot be answered unequivocally with yes or no. Courts would decide in individual cases whether the utility bill in this form is comprehensible for a tenant, i.e. whether you have all the information to understand the landlord's calculation steps.
Best regards
the Immowelt editorial team
Larissa1 on 09.02.2019 14:56
Hello, in my utility bills, which contain the various types of utility costs, the percentage of 18.5 of the total costs within the house that I have to pay appears. It is nowhere clear, not even in the lease, how this 18.5% comes about. Does the landlord have to explain the 18.5% distribution key in more detail and, for example, state the reference value, i.e. the total living area of the house? (The size of my apartment is clear to me.) But I can't check the bills because the total floor space of the house is unknown and the distribution key is therefore not plausible. I'm looking forward to a tenancy-oriented answer.
09.02.2019 A.K.H.
Reply to commentImmowelt editors on 02/11/2019 11:43 am
Hello Larissa,
Thank you for your comment. A utility bill is considered to be formally correct if it contains an orderly summary of income and expenses, details and explanations of the underlying allocation key, details and calculation of the tenant's share, and details and deduction of advance payments. If these points are not met and the statement is therefore not comprehensible, it may actually be formally incorrect. Please keep in mind, however, that we are not allowed to provide legal advice and therefore cannot finally clarify the case remotely. If you have any doubts about the legality of the utility bill, we recommend that you speak to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Leo on 01/04/2019 13:30
Hello,
I rent a separate cottage. The tenant pays water, gas and electricity directly to the provider.
Question: the cottage has its own gas boiler with its own chimney.
who pays the chimney sweep costs? Unfortunately, I failed to include this position in the rental agreement. Thank you for your advice.
Reply to commentImmowelt editors on 04.01.2019 13:37
Hello and thank you for your comment,
The costs for the chimney sweep can be passed on to the tenant. However, since ancillary costs must be listed, this item must also be named in the rental agreement. If this item is not mentioned in the rental agreement, it cannot be requested from the tenant.
Please note, however, that we cannot provide legal advice. For legally binding statements, it can therefore make sense to contact an owners' association.
Best regards
Your Immowelt team
Guybrush on 12/15/2018 12:58 p.m
Hello,
My parents rent 6 apartments for which the Techem company carries out (or "should" carry out) the heating cost billing and smoke alarm maintenance.
As early as February 2018, we submitted all the necessary documents to Techem. After some time, a bill came that was obviously wrong. As a layman, the errors were immediately obvious to me. We reported the incorrect billing to Techem and asked for a recalculation. There was no response for months. In the meantime, I was on the phone weekly with the so-called "Service", where I had to derive the billing errors again and again. When a new statement finally came months later, it was wrong again. And so the game began again: weeks of phone calls and explanations until October (!) finally got a new bill...which was wrong again. Again, obvious mistakes (smoke detectors and heating cost recording devices only assigned to the apartments in a house, one apartment left out at the expense of the other apartments in the hot water calculation). Again: report to Techem. Incidentally, each of these conversations lasted >45 minutes until I finally got the service staff to understand the error. (Problem: you always only talk to a "service" but can't talk directly to a billing agent. I've offered umpteen times that you can contact me if you have any questions.)
For a month nothing happened again. Instead of a new statement, however, we now received a reminder regarding the payment of the statement. Called again. The employee in the service then said that the reminder had come because the (obviously incorrect) billing was found to be correct by the billing company. There was no consultation with me, so I could have quickly pointed out the mistakes of the apparently very superficially working accountants with a few hints. The service employee, on the other hand, quickly recognized the mistake and took back the reminder - I just haven't received a new statement to this day. My management board complaint, which was sent after numerous letters and complaints, has also remained unanswered to this day.
Now the year 2018 is almost over and I fully understand the frustration of our tenants, who finally want their utility bills. I also do everything in my power to make them available to you. However, the Techem company is either completely unwilling or unable to correctly prepare the heating cost bill required for this. What is the situation in this case with regard to any additional additional costs that may arise from the tenants if it won't be until 2019 before we can finally (at some point) finalize the billing? What happens if the co-workers take legal action against my parents and demand a settlement? And: is there also a landlord protection organization (similar to consumer protection) that you can contact in this case? I can't imagine that we're the only ones having these problems with Techem.
reply to commentImmowelt-Redaktion on 17.12.2018 10:01
Hello and thank you for your comment,
after the end of the twelfth month after the end of the billing period, the assertion of an additional claim by the landlord according to § 556, paragraph 3, sentence 3 BGB is excluded. In the same sentence, however, it says "unless the landlord is not responsible for the late assertion". However, this is interpreted very strictly by the courts, which is why we cannot tell you in advance whether the regulation in question will apply in your case. A suitable association for you would be, for example, the Haus & Ground. There you will receive legal advice and support in further communication with your service provider.
Best regards
the Immowelt editorial team
csillapo on 25.12.2018 20:02
That's exactly what happened to us, with incorrect billing three times later, we did it ourselves. But we had to pay Techem the bill for something they didn't do.
Pussy on 11/12/2018 10:10
Hello, my son has rented a furnished apartment. In the rental agreement there is an advance payment of €90.00 for ancillary costs. Because my son only used the apartment for one month for health reasons, but regularly paid the monthly rent and ancillary costs. I contacted the owner a year after moving out and asked for a utility bill. The answer was that there are no utility bills in the houses.
reply to commentImmowelt-Redaktion on 12.11.2018 12:52
Hello and thank you for your comment,
In fact, it is common for furnished apartments to ask for a lump sum for additional costs, i.e. for a fixed amount, regardless of the additional costs actually used. This is legally possible and means that no accounting is necessary. However, it would be necessary if heating costs were to be passed on to the tenant. In this case, the heating cost ordinance prescribes billing that is partially dependent on consumption. However, it is possible that the landlord simply bears the heating costs himself in the case you describe.
Best regards
the Immowelt editorial team
Liz on 10/24/2018 5:30 p.m
In my approximately 35-year-old rental agreement, the property tax and compulsory home insurance are crossed out in the operating costs. The new owner has announced in a letter that they will be charged from January 1st, 2018.
Does he have the right to change this unilaterally or should I have lodged an objection?
reply to commentImmowelt-Redaktion on 25.10.2018 10:34
Hello Liz,
Thank you for your comment. If the billing of certain operating costs is even explicitly excluded in the rental agreement, these operating costs cannot be billed either. Please note, however, that we cannot provide legal advice. If there is a conflict with the landlord, we recommend that you speak to a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Emmerich on 22.08.2018 12:31
Had a change of tenants on March 13, 2013. On November 28, 2017, I received a request to submit the utility bill for 2013. I also prepare the bill for water and waste water consumption from 2012, because I hadn't received a bill from the city at the time and I also noted that this will be recalculated with the next bill. The tenant does not want to accept this due to the statute of limitations and demands the sum back. Is it really like that? And isn't 2013 also time-barred?
reply to commentImmowelt-Redaktion on 23.08.2018 08:54
Hello Emmerich,
In principle, landlords must settle the ancillary costs with their tenants no later than one year after the end of the billing period, since any additional claims are then statute-barred. The landlord, on the other hand, has to pay out credit to his tenant even if he has billed late. However, the law makes one exception: If the landlord is not responsible for the late billing himself, for example because a utility company bills the landlord late, billing is also permissible after the end of the annual period (BGB; § 556 (3)).
We cannot judge from a distance whether in your case a late billing is still possible because of the delay you mentioned on the part of the city. If in doubt, you should contact an owners' association or a specialist lawyer for tenancy law.
Best regards
the Immowelt editorial team
Brigitte on 25.07.2018 12:54
Hello,
I have a change of tenant on August 1st, 2018
What or how do I have to do now because of the utility bill for the old tenant.
What is the process like?
Reply to commentHello Brigitte and thank you for your comment,
There is no special procedure. All you have to do is prepare a final invoice for the tenant and send it to him. In it, you calculate the tenant's pro rata operating costs for the months in which he was still a tenant.
Best regards
the Immowelt editorial team
Brigit team 25.07.2018 14:51
But I have not yet received an operating cost statement from the administrator for 2018, I will only receive it in February 2019
Immowelt editorial team on 07/25/2018 3:11 p.m
It doesn't matter. As a landlord, you must prepare the utility bill within twelve months of the end of the billing period. The billing period is always twelve months. If the billing period ends at the end of December 2018, the tenant must receive the utility bill by the end of 2019, regardless of the fact that his rental agreement ended during the billing period.
Best regards
the Immowelt editorial team
Brigitte on 25.07.2018 15:46
Thank you for your help
Tobias H. on 06/26/2018 15:14
In 2016, due to a change of ownership, there was also a change in property management. In mid-November 2017, I was sent an ancillary cost statement for 2016, which I also objected to, in my opinion, with regard to the correct statement of the previous years. The objection has been with the property management since the end of November 2017 and can be Capacity problems (telephone information from the clerk) cannot be processed. Are there any deadlines that the property management company must adhere to when correcting the bill? Thanks very much.
reply to commentImmowelt-Redaktion on 06/27/2018 09:09
Hello Tobias and thank you for your comment,
No, there is no further legal deadline for this. In fact, the property management in the case you describe takes a relatively long time. If necessary, we would therefore recommend that you seek advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Andreas on 06/12/2018 5:20 p.m
Can a landlord calculate the apportionment costs for a whole year, even though my lease only existed for 8 months?
reply to commentImmowelt-Redaktion on 13.06.2018 09:49
Hello Andrew,
Usually, ancillary cost advance payments are due monthly with the rent, the landlord has to settle the bill once a year - overpaid advance payments are then to be credited to the tenant, if the advance payment was too low, there is an additional payment. If a tenancy was terminated during an ongoing billing period, so that the full billing year is not used for the billing, but only a part, the landlord can only claim pro rata ancillary costs.
Best regards,
the Immowelt editorial team
Tine on 04/30/2018 12:36
Hello,
I moved into the apartment on November 1st, 2014 and have not received any utility bills, although I have pointed this out to my landlady.
Now one came on 04/21/18 for the period 06/01/15 - 05/31/16. Do I have to pay this at all because of this deadline?
Reply to commentHello Tine,
In fact, ancillary costs must be settled once a year and cover a period of twelve months (§ 556, Para. 3 BGB). If this period has expired, the landlord is no longer entitled to the ancillary costs.
Please note that we cannot provide legal advice. You can obtain this from the tenants’ association or from a specialist lawyer.
Best regards
Your Immowelt editorial team
Heinz Günter bird catcher on 05.04.2018 10:18
May I take photos with my cell phone when viewing the receipts? You can't keep everything.
reply to commentImmowelt-Redaktion on 05.04.2018 12:53
Dear Mr Vogelcatcher,
Thank you for your comment. There is no statutory regulation on this, nor is there a judgment of the last instance. However, the Potsdam District Court decided in 2011 that a landlord must tolerate it if the tenant makes copies of the billing receipts using a copier or a camera that he takes with him (Az.: 4 S 31/11).
Best regards
the Immowelt editorial team
Karl-Heinz on 03/19/2018 13:50
If only a few operating costs are listed in the rental agreement and no reference is made to the Operating Costs Ordinance, the landlord wants to change this.
Does the rental agreement have to be terminated or does the tenant have to accept an amendment to the relevant paragraph in the existing rental agreement?
reply to commentImmowelt-Redaktion on 03/19/2018 15:14
Hello Karl-Heinz,
a lease cannot simply be changed unilaterally to the detriment of one party. Theoretically, the lease would therefore actually have to be terminated in order to conclude a new one. Of course, this would require reasons for termination, and the intended change in the regulation on operating costs is not such a reason for termination. Of course, beyond all legal regulations, there is always the possibility of an amicable new regulation between tenant and landlord. Please note once again: We cannot and must not make a definitive assessment of your case from a distance. In the event of a dispute, please contact a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Karl-Heinz on 03/19/2018 11:11
The following is noted in the rental agreement: Ancillary costs, namely costs for - collective heating, hot water, stair cleaning, mirror glass insurance, garden maintenance are to be paid in addition to the rent ...
Property taxes, cable TV, home insurance, general electricity, rain water, etc. are not listed in detail. Can these costs still be passed on to the tenant in the utility bill?
reply to commentLiz on 24.10.2018 17:20
My question goes with it:
In the rental agreement, the property tax and compulsory house insurance were deleted from the operating costs. The new owner has announced in writing that they will calculate this in the future. Does he have the right to do so? or should I have disagreed?
Immowelt editors on 25.10.2018 09:49
Hello Liz,
Thank you for your comment. If the billing of certain operating costs is even explicitly excluded in the rental agreement, these operating costs cannot be billed either. Please note, however, that we cannot provide legal advice. If there is a conflict with the landlord, we recommend that you speak to a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Immowelt editorial team on 03/19/2018 11:57
Hello Karl-Heinz,
Thank you for your comment. That depends on whether a reference to the Operating Costs Ordinance is made in the rental agreement. If this is the case, costs that are expressly named as operating costs in the regulation can also be passed on to the tenant. However, if the rental agreement only contains a final list of operating costs, only these can be named.
Unfortunately, we cannot make a conclusive assessment of the situation from afar. We are also not allowed to provide legal advice and would therefore recommend that you submit your rental agreement to a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Sandy on 03/02/2018 09:10
We haven't had a heater for 3 months, I can't anymore. I'm getting more and more in a bad mood every day. The landlady just puts us off and gets offers for a new heater but nothing happens no credit and we are left without heating.we pay the entire rent with additional costs, now it's over.By what percentage can we reduce the rent?
reply to commentImmowelt-Redaktion on 03/02/2018 15:04
Hi Sandy,
In order to be able to reduce your rent, you must first inform your landlord. This article explains how you can do this: https://ratgeber.immowelt.de/a/mieterrechte-bei-defekter-heizung.html
Unfortunately, we cannot make any statement about the amount of the rent reduction, as there is no generally applicable case law. It always depends on the individual case. For an assessment, we recommend that you contact a tenants’ association or a specialist lawyer for tenancy law. We are not allowed to provide legal advice ourselves.
Best regards,
the Immowelt editorial team
Sandy on 02/27/2018 16:31
Hello, my boyfriend would like to move in with me on April 1st, do I have to sign a new rental contract with my landlady, or is it sufficient if we pay more additional costs? But the landlady already knows and has agreed that he can move in with me.. ..
Or will this invalidate my contract? I didn't move in until September 2017
reply to commentImmowelt-Redaktion on 02/28/2018 08:13
Hello Sandy and thank you for your comment,
This does not invalidate your existing rental agreement, nor do you have to sign a new one. Depending on whether the ancillary costs are partially allocated according to the number of people, the landlady can actually demand more ancillary costs.
Best regards
the Immowelt editorial team
Sandy on 02/22/2018 06:01
How do you calculate a property tax and insurance in a service charge statement.. I live in a terraced house for rent and have a garden with a small courtyard (approx. 200 square meters), the landlord lives next door. The landlord has never created a service charge statement and calculates both expenditure points by the people. Is that correct, or do you have to calculate it by square meters? Do you only calculate the living space of the house or and insulated house with garden?
reply to commentImmowelt-Redaktion on 02/22/2018 08:36
Hello Sandy and thank you for your comment,
Although it would make sense to allocate the property tax to the tenants according to the living space, an allocation according to the number of people is also permissible in principle if this has been agreed in the rental agreement. In the case of an apportionment based on living space, however, only the area that is actually habitable counts, i.e. not the garden and not the unfinished basement, for example.
Finally, please note that we are not permitted to provide legal advice. If you have any doubts about the correctness of your ancillary cost statement, we recommend that you seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Sandy on 02/19/2018 22:36
Hello, my landlady has a total annual consumption of heating/hot water of 2261.14 €
Water supply/drainage/meter rental from : 555.42€
I am supposed to count 452.22€ for hot water and heating and 115.09€ for drainage/water supply/meter rent for 4 months with 3 people and the annual bill.
Something doesn't fit, does it? I just think it's too much. We live in a house with 120 square meters
reply to commentImmowelt-Redaktion on 20.02.2018 09:19
Hi Sandy,
Thank you for your comment. It is difficult for us to judge from a distance whether your utility bill is correct. As a tenant, however, you have the right to inspect and examine the relevant documents from your landlord. If you still believe that your service charge statement is incorrect, you can have it checked by a tenants' association. You can also get legal advice there.
Best regards
the Immowelt editorial team
Gerd on 02/15/2018 10:48 am
When I moved in in 2017 (3 parties), my landlord had new heat meters installed, the old meters had to be recalibrated and it would have been demonstrably more expensive than the new heat meters. In the NK bill for 2017, he now calculates a third of the cost (167.05) of the new meters. Is that legal??
reply to commentImmowelt-Redaktion on 15.02.2018 11:00
Hello and thank you for your comment,
Heat meters are subject to calibration in Germany and must therefore be recalibrated every five years. In practice, this can often be accompanied by an exchange. This would then in fact be passed on to the tenant via the utility bill. The situation is different for devices that are not subject to calibration.
Finally, please note that we are not permitted to provide legal advice. If you have any doubts about the legality of your utility bills, we recommend that you seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Andrea on 01/23/2018 20:05
Hello
I live in a seven-party house and only I and a tenant have an extra water meter in the attic. When I asked the landlord that I wanted to bill for the water meter, he told me he had to bill everyone the same and that meant water costs for people. Can I request a water meter billing?
reply to commentImmowelt-Redaktion on 24.01.2018 13:49
Hello Andrea and thank you for your comment,
At least for hot water, the heating cost ordinance stipulates billing according to consumption of at least 50 percent, but no more than 70 percent, yes.
Best regards
the Immowelt editorial team
Esther on 01/19/2018 11:19
Hello,
The landlord of my penultimate (!) apartment has not yet sent me a statement. I moved out there in August 2016 and I'm sure I should get a refund - I haven't even gotten a response to repeated inquiries... What can I do?
reply to commentImmowelt-Redaktion on 19.01.2018 12:06
Hello Esther and thank you for your comment,
The landlord is legally obliged to issue such a statement no later than twelve months after the end of the statement period. If he doesn't respond to inquiries at all, your only option is to sue him to issue a statement. The local tenants’ association or a knowledgeable specialist lawyer will support you.
Best regards
the Immowelt editorial team
DasRinchen on 01/12/2018 23:05
My landlady has created an incorrect utility bill. She simply shared heating and water costs between 3 people, although my apartment is not even half the size of hers (she lives in the same house). I receive basic security and of course the office does not recognize this statement.
I have already paid the additional payment to my landlady and have now informed the landlady that the office requires a correct statement before I can get my money back.
The landlady refuses to create a correct statement and the office threatens to stop paying me.
What can I do now?
I don't want to run straight to the lawyer because we live in the same house and have hitherto gotten along well.
reply to commentImmowelt-Redaktion on 15.01.2018 09:15
Hello and thank you for your comment,
In general, tenants do not have to pay an incorrect utility bill. However, since this has already happened in your case, you would now have to reclaim the amount in question. Instead of going to a lawyer, the local tenants' association may be able to help you.
Best regards
the Immowelt editorial team
Heidi Friedrichon 20.12.2017 09:56
Thank you for the message
reply to commentHeidi Friedrichon 19.12.2017 12:39
Heidi 12/19/17
On December 10th, 2017 I received the operating costs for my apartment in which I lived for 1 year. The period was from January 1st, 2016 to October 31st. 16 has to pay an additional payment of almost 800 euros. Is that legal?
reply to commentImmowelt-Redaktion on 20.12.2017 09:18
Dear Heidi Friedrich,
Thank you for your comment.
In principle, an operating cost statement can also include a high additional payment for the tenant, as long as the statement is correct in terms of form and content. We cannot judge from a distance whether the additional payment is justified in your case. When checking the bill, you should note that only those cost items may be billed that were also agreed in the rental agreement (the basis for permissible billing items here is the Ordinance on Operating Costs). In addition, billing must also be carried out in accordance with the billing key agreed in the rental agreement. When checking your statement, you have the right to inspect the receipts. A tenants’ association or a specialist lawyer for tenancy law may be able to help you with the check.
Best regards,
the Immowelt editorial team
Yvonne on 01.12.2017 07:27
Are the miners' costs for a mini-job cleaning staff apportionable to the tenants or do they stay with the landlord?
reply to commentImmowelt-Redaktion on 01.12.2017 10:07
Hello Yvonne,
miners' union costs are ancillary wage costs. In principle, these can be passed on to the tenant.
Best regards
the Immowelt editorial team
Eckhard on 11/30/2017 12:31
Unfortunately, the answer is not specific.
What is specific liability insurance? Does this also include home liability insurance?
reply to commentImmowelt-Redaktion on 30.11.2017 13:42
In the Operating Costs Ordinance, residential liability insurance is not explicitly listed. If this means insurance that covers damage that occurs from the inside of an apartment, i.e. not damage caused by joint ownership of a house, we are not aware of any judgment that has dealt with this question before. Residential liability insurance is often used as a synonym for house and landowner liability insurance. This would then in turn be passed on to the tenant.
Please note that we cannot provide legal advice. If in doubt, we recommend that you submit your ancillary cost statement to a specialist lawyer.
Best regards
the Immowelt editorial team
Eckhard on 11/30/2017 12:14
Can the residential liability insurance be passed on to the tenant?
Does it count towards the additional costs?
reply to commentImmowelt-Redaktion on 30.11.2017 12:21
Hello Eckhard and thank you for your comment,
Buildings insurance, glass insurance, and certain liability insurances (homeowners liability, oil tank, and elevator) are among the insurances that are assignable to the renter.
Best regards
the Immowelt editorial team
Daniel on 03.11.2017 16:22
On November 10, 2015, water meters/meters were installed in all rental apartments. Unfortunately, the water consumption (12/31/2015) for the billing period from 1/1/2015 to 12/31/2015 was forgotten to be read. (We had filed an objection in good time - because of several positions) It was billed as a flat rate according to people. In the following NK 2016, the water consumption was read from 0 to XY, i.e. the consumption from November 2015 to December 31, 2016. What can we do now? We noted the level, but did not save a photo of the water meter/level.
reply to commentImmowelt-Redaktion on 06.11.2017 10:37
Hello Daniel and thank you for your comment,
In this case, you can object to the utility bill again. As a tenant, you are also not obliged to document the meter reading with photos at a certain point in time. However, should a legal dispute arise with the landlord, we recommend that you seek advice from a specialist lawyer or a tenants’ association.
Best regards
the Immowelt editorial team
Glass on 11/03/2017 16:08
After a thorough examination of the heating bill, we did not receive our heating bill, but one from another tenant/vacancy, because the meter readings and meter numbers are not identical to our digital radiator meters. (Techem) Our actual consumption is much lower. Obviously it is from the apartment above which is empty as the square meter number indicates the same size. In addition, the name on the Techem_Beleg is blacked out and simply entered our name from VM. However, the address is correct. Do you do something like that??? as VM???
reply to commentImmowelt-Redaktion on 03.11.2017 17:04
Hello glass,
Unfortunately, we cannot remotely assess any ambiguities regarding the heating bill. If the statement contains errors, you can usually complain to the landlord. In addition, tenants have the right to view the receipts and check for any discrepancies.
In this guide you will find a detailed explanation of what to look out for in the heating bill and how you can proceed: ratgeber.immowelt.de/a/heizkostenabrechnung-pruefen-wie-mieter-nicht-zu-viel-zahlen.html
A tenants’ association or a lawyer specializing in tenancy law can provide you with legal advice on how to proceed in your specific case. We are not allowed to provide legal advice ourselves.
Best regards,
the Immowelt editorial team
Glass on 06.11.2017 12:59
There are no ambiguities. It is clear that the meter numbers with their meter readings (on the Techem invoice) do not match our meter numbers. VM obviously has swapped the bills and made the previous tenant's name unrecognizable with Tipp-Ex and wrote ours on it by hand. VM Says billing is done by Techem and would be correct. We refuse to pay or accept third-party heating bills. For us, the question arises, are we allowed to withhold the additional payment for heating costs. It's demonstrably not ours.
Glass on 11/01/2017 22:17
Every year I receive an Nk / Hzk statement with an incorrect (not contractually agreed) distribution key. The contract says 70/30 billing and in fact the heating costs are always billed 50/50. Does this erroneous statement belong to Formal Errors?
reply to commentImmowelt-Redaktion on 02.11.2017 11:41
Hello glass,
if the operating cost statement has a different allocation key than the rental agreement, the Federal Court of Justice ruled that this was a substantive error (Federal Court of Justice, Az.: VIII ZR 115/04).
Please note that we cannot provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards,
the Immowelt editorial team
Oemero7on 08/24/2017 21:34
Good evening
I received a utility bill where I made an advance payment of €1240 and have to pay €1645.18 through an advance distribution.
So additional demand 405€
I don't understand this and have never had an additional payment until now.
I also canceled the apartment on September 1st, 2016 and received my deposit and finally paid all costs.
Today by post the shock 405 € additional payment
Pre-distribution
Please advise
And today
reply to commentImmowelt-Redaktion on 25.08.2017 11:13
Hello Oemero7,
Thank you for your inquiry.
We cannot judge from a distance whether your utility bill is correct. In principle, however, the landlord must settle accounts within the statutory deadlines, which unfortunately can also result in an additional payment. Unfortunately, we cannot find out from afar what your former landlord means by "pre-distribution". Here, however, it applies that he may only include those costs in the statement that have arisen within the statement period and only up to the end of the tenancy.
By the way, here you will find information on how you can check your billing yourself:
ratgeber.immowelt.de/a/nebenkostenabrechnung-pruefen-tipps-fuer-mieter.html
If anything is still unclear, you can have the statement checked by experts:
immowelt.de/immobilien/nebenkostenabrechnung.aspx
Best regards,
the Immowelt editorial team
Judy on 08/24/2017 09:53
I have received the new utility bill. Is it permissible to calculate the operating costs according to tenants, even though the number of people living in the individual households varies? The apartments are all "same" in size, but 3 adults live in one apartment, a family with a small child in one and two apartments are occupied by singles. The additional costs were simply divided by 4.... the apartments are "equal" in size... But I don't think that garbage and the like are billed fairly, right?
reply to commentImmowelt-Redaktion on 24.08.2017 10:28
Hello Judy,
The ancillary costs must be settled as specified in the rental agreement. This can be done, for example, according to the number of people, but also according to residential units, living space or consumption. If nothing is specified in the rental agreement, the cold operating costs, such as the fees for waste disposal, must be settled according to the living space. Heating costs, on the other hand, must be billed at least 50 percent and at most 70 percent according to consumption, the rest according to living space.
So the utility bill may be correct, but it depends on what was agreed in the rental agreement.
Best regards,
the Immowelt editorial team
Petra Pizarro on 08/18/2017 14:18
Hello, I have a small 38m² office in an apartment building. Can the landlord distribute the additional costs to people even though the apartments are different sizes?
Greetings
Reply to commentHello and thank you for your comment,
An allocation of the additional costs according to the number of people is generally permissible, yes.
Best regards
the Immowelt editorial team
Sabine on 30.07.2017 18:30
Hello, I received the utility bill from the landlord in spring for 2017 and had to pay €241 afterwards. I have now received a new statement with an accompanying letter from Messtech. The first statement had to be corrected, since individual heat cost allocators are not zero at the end of the year, but work accumulating, similar to a water meter. This results in changes in the accounting... as far as the text in the accompanying letter.
I don't understand that, since both statements for April and June indicate the same consumption for 11 meters, but the price per unit is different: old 0.128597 and new 0.161215, resulting in a consumption of 8,772.548 units a new consumption of 527.79.
Accordingly, I should now pay € € 286 again.
Can you just put in a different price per unit? I've actually never had such a high back payment and 2016 wasn't even such a cold winter. I'm totally perplexed and would like your advice. Thanks in advance.
reply to commentImmowelt-Redaktion on 31.07.2017 11:11
Hello Sabine,
Thank you for your comment. From a distance, we can't explain these relatively significant changes in the price per unit either. We would therefore recommend that you consult your landlord or property manager for the receipts that were used as the basis for the utility bill. As a landlord, you have a right to do this. If you are still unable to make the additional payment, we would advise you to have the utility bill legally checked. This can be done, for example, with a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
pewisho on 07/12/2017 17:51
Today we received our utility bill for 2016, garbage collection was billed by person by month, billing service, property tax, house electricity, street cleaning and insurance by living space and caretaker by user unit, these are three types of allocation, is that correct?
reply to commentImmowelt-Redaktion on 13.07.2017 09:08
Hello pewischo,
Different allocation keys for different operating costs are quite laborious for the landlord or administrator to calculate, but are legally permissible. Please note, however, that we do not know the details of your utility bill and are therefore difficult to assess from a distance. In addition, we are not allowed to provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Eve on 06.07.2017 11:30
Is it possible to change the cleaning of the stairwell, i.e. in the past 2 tenants cleaned themselves and the others had them cleaned. It is an 8-party house and now the whole house should be owned by one
cleaning company, can we change that?
reply to commentImmowelt-Redaktion on 13.07.2017 09:03
Hello Eva and thank you for your comment,
As the landlord, you are free to hire a cleaning company to clean the stairwell. However, the costs for this can only be passed on to the tenant if this has been agreed as a precautionary measure in the rental agreement or if all tenants agree to this.
Please note, however, that we cannot provide legal advice. You can obtain this from a specialist lawyer or a homeowners association such as Haus & Ground.
Best regards
the Immowelt editorial team
Helga on 06/28/2017 21:56
Hello, do I also have to pay for electricity in the stairwell and boiler room in the case of ancillary costs?
reply to commentImmowelt-Redaktion on 06/29/2017 09:02
Hello Helga and thank you for your comment,
if the apportionment of these additional costs to the tenant was agreed in the rental agreement, they can actually be apportioned.
Best regards
the Immowelt editorial team
Uteam 06/01/2017 22:26
Hello, due to signs of crooks in the house, the lock on the front door has been renewed. And a new lock on the door to the garage where renters store their bikes. Can these costs be passed on to the tenant on a pro rata basis?
reply to commentImmowelt-Redaktion on 02.06.2017 08:50
Hello Ute,
Thank you for your comment. Such one-off renovation work cannot be passed on to the tenant as part of the utility bill. This is usually only possible with regular costs.
Best regards
the Immowelt editorial team
Helga on 05/16/2017 08:43
Hello, last year a tenant had a smoke detector installed in all the rooms, i.e. the kitchen, hallway, bedroom, children's room would be OK for me. But also in the living room, where his adult son supposedly sleeps. do i have to pay for everything? Many greetings
reply to commentImmowelt-Redaktion on 16.05.2017 10:11
Hello Helga and thank you for your comment,
usually is for the installation of smoke detectors indeed. the owner of an apartment is responsible. This is regulated in the building regulations of the individual federal states. There you will also find information about the rooms in which smoke detectors must be installed. For the most part, these are bedrooms, children's rooms and hallways that lead to lounges. Please note, however, that it is difficult for us to assess your situation and that of your tenant from a distance and that we are not allowed to provide any legal advice. You can obtain this from a specialist lawyer or a homeowners association such as Haus & Ground.
You can find further information on the subject of smoke detectors in this article: ratgeber.immowelt.de/a/rauchmelderpflicht-wer-fuer-einbau-und-wartung-zustaendig-ist.html
Best regards
the Immowelt editorial team
Konstantin on 05/14/2017 10:37
Hello. My landlord demands a pro rata property tax and building insurance from me in the utility bill, although these costs are not listed in the contract. also submitted additional documents for the period from 12/01/15 to 12/31/15 (moving-in month). Which claims can he assert and which not?
reply to commentImmowelt-Redaktion on 05/15/2017 10:50 am
Dear Konstantin,
Thank you very much for your comment. Only if the landlord has contractually agreed it with the tenant can he pass on the additional costs to the tenant. In general, the landlord is not obliged to list all costs in the rental agreement. With the term 'operating costs' the current apportionable ancillary costs are sufficiently mentioned. (BGH VIII ZR 137/15). According to § 2 number 1 BetrKV, the property tax can be passed on - the building insurance can also be passed on to the tenant. Landlords may recover the following operating costs from their tenants: property tax, sewage fee, heating operating costs, elevator, street cleaning and garbage disposal, building cleaning and vermin removal, garden maintenance, lighting costs, chimney sweep, property and liability insurance, caretaker costs, television, antenna, cable connection, laundry room and other operating costs, which, however, must be named precisely. However, the landlord may not pass on these additional costs to the tenant: maintenance and repairs as well as administrative work.
Best regards
Your Immowelt editorial team
mwe.cologne on 09.05.2017 11:43
I live in an apartment building. One person moved out below me last year. Now I am supposed to pay the additional costs for this person proportionately. Is that legal?
reply to commentImmowelt-Redaktion on 09.05.2017 13:42
Dear mwe.cologne,
According to a ruling by the Federal Court of Justice, the landlord must bear the risk and costs of a vacancy. If the ancillary costs are billed according to the living space, the vacancy costs may not be passed on to the tenants (Az.: VIII ZR 159/05). However, it is disputed how the vacancy costs are to be taken into account if the ancillary costs are passed on to the tenants according to the number of people. There is currently no final judgment on this.
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
Gisela on 04/25/2017 08:25
The tenant accepted and paid the utility bills by the end of 2015,
he can complain later and demand reimbursement, since he may
Having doubts about the size of the living space ?
reply to commentImmowelt-Redaktion on 25.04.2017 09:13
Hello Gisela,
Thank you for your comment. Tenants have one year after receipt of the service charge statement to object to it and request money back, regardless of whether they have already paid or not.
Best regards
the Immowelt editorial team
elena on 06.04.2017 14:46
Hello. Can ancillary costs such as caretaker, winter service and stairwell cleaning be billed as a lump sum? So a flat rate per position. Thanks
reply to commentImmowelt-Redaktion on 07.04.2017 12:13
Hello Elena,
Thank you for your comment. The corresponding service providers are allowed to charge these costs as a flat rate. For his part, the landlord must make it clear which allocation key he uses to allocate these costs to the tenant.
Please note, however, that we do not know the details of your utility bill and are not permitted to provide any legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Veiti on 04/05/2017 16:21
Is the delivery of the NK statement by email legally effective?
reply to commentImmowelt-Redaktion on 06.04.2017 09:48
Hello Veiti,
Thank you for your comment. Text form is sufficient for the ancillary cost statement. This means that it can also be sent by email and does not have to be signed by the landlord.
Best regards
the Immowelt editorial team
MN on 04/03/2017 15:59
May VAT be added to fees that are shown without tax?
reply to commentImmowelt-Redaktion on 4/4/2017 8:54 am
Hello MN,
Thank you for your comment. A landlord can only pass on to the tenant the costs that are billed to him/herself. He takes the final invoice amount, including VAT.
Best regards
the Immowelt editorial team
marion on 03/22/2017 21:21
hello...our landlord divides the operating costs of three houses next to each other by six parties by eighteen is that even permissible
reply to commentLexa on 03/18/2017 11:35 am
Hello. I've just received my heating bill and the item "Lighting" is listed for the first time in 16 years, is that allowed?
reply to commentImmowelt-Redaktion on 20.03.2017 11:32
Hello Lexa,
Thank you for your comment. In principle, the costs for the lighting of common rooms can be passed on to the tenant via the utility bill if this has been agreed in the rental agreement.
Best regards
the Immowelt editorial team
Detarn on 02/24/2017 19:27
How long do I have to pay the required back payment for the additional costs?
reply to commentImmowelt-Redaktion on 27.02.2017 08:43
Hello Detarn,
Thank you for your comment. Tenants have 30 days after receipt of the statement to pay an ancillary cost statement. Apart from that, there is of course always the possibility of agreeing with the landlord on a longer period or payment in installments. However, the landlord is not obliged to agree to this.
Best regards
the Immowelt editorial team
Roy on 02/15/2017 13:05
In 2016, in addition to the monthly rent, I already made substantial advance payments for the additional costs.
Now my landlord has sent me an invoice to pay the garbage disposal costs for 2016, the amount of the invoice is correct, I also had a period of 4 weeks to pay it.
As a tenant, am I obliged to pay separate invoices for obvious ancillary rental costs despite having made advance payments for the billing period of the invoice?
Reply to commentHi Roy,
Thank you for your comment. If the landlord wants to claim additional costs, he must create an additional cost statement. This usually happens once a year. Additional costs that the landlord wants to bill must also be mentioned in the rental agreement. As a rule, the tenant does not have to pay additional bills for individual items, at least in the current billing period.
Please note, however, that we cannot provide legal advice. In case of doubt, we therefore always recommend advice from a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Deniseam 01/24/2017 09:46
My landlord wrote an email in December 16 that the billing had an error and we should be patient, in January he then wrote that we should pay 360 extra from 1/1/15 to 3/15/15 when I said it wouldn't be a problem but I would like to have the statement, he said he can only send me the original statement, but then I would have to pay 896 euros afterwards, I said it would not be a problem to pay, but I would still like my documents, what can I do
reply to commentImmowelt-Redaktion on 24.01.2017 10:18
Hello Denise,
Unfortunately, we can't judge the details of your utility bills from a distance. We recommend that you present the billing data you received from the landlord to a specialist lawyer or a tenants' association. You will receive legal advice there.
Best regards
the Immowelt editorial team
Deniseam 01/24/2017 09:01
When does the settlement have to be made if a tenant moves out, e.g. a settlement from 01/01/15 to 03/15/15
reply to commentImmowelt-Redaktion on 24.01.2017 09:05
Hello Denise,
Thank you for your comment. The utility bill must be submitted to the tenant one year after the end of the billing period, regardless of when a tenant moves out. For example, if the billing period runs from January 1st to December 31st, the utility bill must be with the tenant by December 31st of the following year. This also applies if he moved out in March. However, please note that we cannot provide legal advice. You can obtain this from a specialist lawyer or a homeowners association such as Haus & Ground.
Best regards
the Immowelt editorial team
Susi on 01/22/2017 18:43
My landlord refuses to give me my statement as long as I'm in arrears with a rent. Is this
Right? What can I do? Now move out and have
No statement from 2015.
reply to commentImmowelt-Redaktion on 23.01.2017 09:45
Hello Susi,
Thank you for your comment. If a landlord does not prepare the service charge statement in good time, he loses the right to possible additional payments from the tenant. Conversely, the tenant does not lose the right to any repayments.
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
Manfred Focke on 03.11.2016 13:33
We pay EURO 580. wrm.
includes 150 E. additional costs. We had to pay once before.
Once there was a refund. We haven't received a bill for three years now.
reply to commentAminga on 01/19/2017 00:57
The landlord has to settle accounts. Write a letter requesting settlement, set a deadline. If the bill does not come, you can put pressure on by withholding the additional costs until he bills. You have to inform the landlord in writing and when the bill comes, you have to transfer the retained amounts back to the landlord.
If the settlement results in an additional payment, you do not have to pay any additional payment for the years 2013, 2014, 2015. It is statute barred. You are entitled to credit.
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