The landlord must submit at the latest 12 months billing the tenant after the end of the accounting period the lessor must submit no later than 12 months billing the tenant after the end of the billing period. Billing period called period, the settlement is to grant. Advance payment via the operating cost is according to 556 para BGB each year to settle. The billing deadline is a deadline. This means: has the landlord is not settled within 12 months, he can demand nothing more.
An example: Suppose we have the 20.12.2011. The landlord has put forward so far still no accounting for the previous year his tenants. The tenant would behave smart when he no longer is calling for this in the current year. On January 1 of the following year, he would ask from the landlord. Now, he can no longer lose. He can only win. The settlement has a credit balance in favor of the tenant, it must pay the landlord. The settlement, however, has an additional payment for the benefit of the lessor, the lessee no longer must they afford.
The landlord is not responsible for the delay, he may settle exceptionally even after the deadline. If its Hausverwaltungs – or billing company has more then the landlord for this must be a. That he cannot rely. The landlord in the settlement made serious mistake, the settlement is not effective. The necessary formalities were not fulfilled, so the landlord must submit a new report. This is but only as long as the annual billing period has not expired. The landlord can still correct content errors, miscalculations also after this period. A statement of accommodation costs is formally correct, if she contain the following minimum information: – composition of total costs – specification and explanation of the allocation key – calculation of the amounts of the tenant – deduction of advance payment the landlord can the result of a settlement after the deadline no longer disadvantage your tenant change. The settlement has a credit balance for the tenant tasty landlords not reduce it. The landlord accept such payment amount by his tenants, although he has not observed the deadline of the year, he is “unjustly enriched”. He must reimburse the amount if paid by his tenants in ignorance of the exclusion period. Also, the landlord is after the exclusion deadline is in default if he not submitted on time is billing his tenants. Therefore, the tenant can claim interest on credits from this period. The author gives many more important notes and tips for service charge settlement and landlord Advisor Thomas Trepnau in his book “count on from your tenant – operating costs, the second rent”. Also by Thomas Trepnau in the series of his landlord guides published: “The secret of the damp wall, rent reduction”, “More money with rent increases”, “Asset protection and building wealth with real estate” and “Valuation of houses and land” available in bookstores, at all well known online retailers and on the homepage of the author. V.i.S.d.P. and your contact person: Thomas Trepnau PO box 101028 93010 Regensburg E-Mail: