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Utility costs for vacancy and an uninhabited apartment

If apartments in the building stand empty, their operating costs may not simply be passed on to the remaining tenants. The share attributable to the vacancy must generally be borne by the landlord. This is important when checking the utility-cost statement.

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Operating costs are allocated according to the agreed or statutory key (for example living area) (§ 556a BGB). The share attributable to vacant units is borne by the landlord as a 'landlord risk'.
A correct statement must not burden you with the vacancy share. If you spot an impermissible allocation, you can object to the statement.

What you should do now

  1. 1

    1. Check the statement

    See whether the total area or only the rented area was used as the allocation basis.

  2. 2

    2. Demand access to receipts

    Request access to receipts and area figures if doubts exist.

  3. 3

    3. Write an objection

    Point out in writing an impermissible allocation of the vacancy and demand a correction.

  4. 4

    4. Observe the deadline

    Raise objections to the statement within the statutory deadline.

How to spot the scam

  • The total costs are distributed only among the occupied apartments.
  • Consumption-independent basic costs rise sharply without explanation.
  • The allocation basis is not disclosed.

Frequently asked questions

Do I have to help bear the utility costs of empty apartments?

No. The share of the operating costs attributable to the vacancy is generally borne by the landlord. It may not be shifted onto the remaining tenants; the statement must be based on the total area.

How do I recognize a wrong allocation?

Compare the total area stated in the statement with the actual area of the building. If only the rented area is used as the basis, your share may be impermissibly increased. Access to receipts helps to check this.

By when can I object to the statement?

You must notify the landlord of objections to an operating-cost statement within twelve months of receipt of the statement (§ 556 Abs. 3 BGB). After that, objections are usually excluded, unless you are not responsible for the delay.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.