Notify the tenant in writing of any increase in the advance payment of additional costs
As the landlord, you will pay the incidental costs or Generally, operating costs are passed on to tenants. If the operating costs increase, an increase in the ancillary costs prepayment is therefore usually due.
As a landlord you need to both collect the extra costs, as well as adhere to certain legal requirements when increasing them.
Increase the flat rate for operating costs
- As the lessor of living space, you are entitled to "pass on an increase in the operating costs to the tenant on a pro rata basis" in the case of a flat-rate operating cost agreed with the tenant, cf. § 560 para. 1 p. 1 BGB.
- However, this has to be done in the rental contract also be agreed and you must above all note that the declaration on the increase in Additional costs is only effective if you state the reason for the additional cost apportionment and explain, cf. § 560 para. 1 p. 2 BGB.
- As a landlord, you have to pay the operating costs according to the Operating Costs Ordinance set up, cf. § 556 para. 1 p. 3 BGB. The Operating Costs Ordinance also lists which costs are actually to be classified as operating costs.
- An increase in the flat rate for operating costs or As a landlord, you must pay the tenant in accordance with § 560 para. 1 p. 1 BGB "by declaration in text form".
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Notify the tenant of the change in the advance payment of additional costs
- Since the law only stipulates the text form here, you are not bound to the written form. As a landlord, you can therefore also send the declaration by fax, for example, and a machine-generated letter or an e-mail without a personal signature would also suffice.
- According to According to § 126b BGB, the person making the declaration must also be named in the text form and the conclusion of the declaration must be recognizable.
- Of course, you are not prevented from informing your tenant of the increase in the advance payment of additional costs in writing and with your own signature.
- If your operating costs increase, you should notify your tenant of an increase in the utility costs prepayment as soon as possible. A retroactive increase is also possible, but no more than from the beginning of the calendar year preceding the declaration of the increase, cf. § 560 para. 2 pp. 2 BGB.
There is often a dispute between tenants and landlords about the amount of the advance payment for ancillary costs. In the event of an increase, you as the landlord should therefore do everything in your own interest so that the tenant can understand the increase.
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