Why Utility Cost Statements Are So Important
For many private landlords, utility cost statements are a tedious mandatory task. But they are legally highly sensitive: even small formal errors or late delivery can make additional claims invalid. Example: A landlord in Frankfurt who sent his 2023 statement only 14 months after the end of the billing period automatically loses his right to additional payments – even if the figures were correct. In short: utility cost statements are not a "side battlefield," but central to the profitability of a rental.
Eligible or Not?
Many errors occur because landlords charge items that are not eligible at all. According to the Operating Costs Ordinance (BetrKV), eligible costs include heating, hot water, garbage collection, caretaker, or property tax. Non-eligible costs, however, include administrative costs or maintenance reserves.
💡 Practical Tip
Best create statements in a standard format and store receipts digitally. This way you can respond quickly to inquiries.
Keep Deadlines in Mind
According to § 556 para. 3 BGB: The utility cost statement must reach the tenant at the latest 12 months after the end of the billing period. For billing period 2023, this means: The statement must have been received by December 31, 2024 at the latest. If the landlord misses this deadline, additional claims are excluded.
📌 Legal Precedent Example
Federal Court of Justice, judgment of March 9, 2005 – VIII ZR 57/04: Late statement = landlord loses claim to additional payments.
Transparency and Comprehensibility
Tenants must be able to understand every item in the statement. This includes a breakdown of total costs, distribution keys (e.g., by floor area or consumption), and the specific calculation of the tenant's share. Many private landlords forget to attach receipts in an organized manner or make them available upon request. A landlord in Stuttgart reported that his tenant successfully refused additional payment because he couldn't see heating cost receipts – even though the amounts were correct.
Checklist: Creating Utility Cost Statements
- Billing period defined (max. 12 months)
- All eligible costs collected
- Distribution key defined
- Total costs and tenant share calculated
- Statement sent on time
- Receipts made accessible to tenants
Conclusion
A clean, transparent utility cost statement is more than tedious paperwork. It determines the financial success of the rental and can quickly become expensive in case of disputes. Those who know the deadlines, document receipts properly, and only charge eligible items avoid conflicts with tenants – and often the trip to the lawyer.