Ancillary cost repayment and additional payment: rights and obligations of the tenant and landlord

If the tenant is contractually involved in the ancillary costs in the form of monthly advance payments, the landlord must prepare an ancillary cost statement at the end of each billing period. In this, the tenant is informed to what extent the payments made cover the costs actually incurred. As a rule, there is always a balance, as the advance payments can only be estimated by the landlord and the amount of additional costs that have actually been incurred is only known at the end of the billing period. Items that are difficult to calculate in advance, such as fluctuating heating oil prices, the heating behavior of the tenant or the intensity of the cold in the winter months, generally lead to deviations. The resulting differences can either be in favor of the landlord or the tenant.

Additional payment by the tenant

If the actual ancillary costs exceed the advance payments made by the tenant, an additional payment to the landlord is due. In order for this to be legal at all, the possibility of demanding it must also be anchored in the rental agreement. As the Mineko website explains, this is not the case with an agreed flat rate for operating costs. In addition, the landlord must submit a legally effective utility bill within twelve months of the billing period, otherwise no additional payment can be demanded from the tenant. Delayed delivery is only permissible if the lessor is not responsible for it. If these requirements are met, the tenant is obliged to pay. The debt must be settled within 30 days of receipt of the utility bill. The tenant can ask for payment in installments, but the landlord has the right to refuse and insist on a one-time repayment.

repayment by the landlord

If it turns out that the landlord has collected too much money for the additional costs through the advance payments, a repayment is due. The reimbursement of the excess amount must also be made within 30 days after delivery of the service charge statement. However, deviating regulations may have been agreed in the rental agreement. In contrast to the additional payment, the timeliness of the statement for the payment claim is completely irrelevant for the repayment. Even in the event of late delivery, the renter retains the right to a refund. If the landlord does not settle his debt on time by the due date, the tenant should first inform him of the delay by telephone or e-mail. If payment is still not made, it is advisable to write a written warning to the tenant by means of a registered letter. A new deadline can be set as well as an announcement that the open amount will be offset against the next advance payment. So that there is no breach of duty by the tenant, the retained part of the advance payment may only amount to the ancillary costs. If the tenant has already moved out of the apartment, he no longer has the leverage of withholding the advance payments if the delay persists, so that his only option is to go to court.

Editorial office finanzen.net

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