Settlement of additional costs: Repayment and subsequent payment of additional costs: rights and obligations of the tenant and landlord | message
Additional payment by the tenant
If the actual ancillary costs exceed the advance payments made by the tenant, an additional payment is due to the landlord. In order for this to be legal at all, the possibility of claiming must also be anchored in the rental agreement. As the Mineko website explains, this is not the case with an agreed flat-rate operating cost. In addition, the landlord must submit a legally binding ancillary costs statement within twelve months of the accounting period, otherwise no additional payment can be requested from the tenant. Delayed delivery is only permitted if the landlord 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 is entitled to refuse this and insist on a one-off repayment.
Repayment by the landlord
If it turns out that the landlord has collected too much money for the ancillary costs through the advance payments, a repayment is due. The excess amount must also be reimbursed within 30 days of receipt of the service charge statement. Deviating regulations may, however, have been agreed in the rental agreement. In contrast to the subsequent payment, the deadline of the settlement for the payment claim is completely irrelevant for the repayment. Even if the property is handed in too late, the tenant retains the right to a refund. If the landlord does not pay his debt on time by the due date, the tenant should first inform him of the delay by phone or email. If there is still no payment, it is advisable to send the tenant a written warning by means of a registered letter. A new deadline can be set as well as an announcement that the outstanding amount will be offset against the next advance payment. So that there is no breach of duty on the part of 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, if the delay persists, he no longer has the leverage of withholding the advance payments, so that his only last resort is to take legal action in court.
Finanzen.net editorial team
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