Skip to content
Emergency

Landlord raises the utility advance payment: when this is permissible

An increase of the monthly utility advance payment is permissible only under conditions: as a rule only after a statement and only in a reasonable amount. The landlord may not raise the advance payment arbitrarily to obtain liquidity for themselves.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create a letter to the landlord →

Your chances of getting your money back

After an operating costs statement, each party may adjust the advance payments to a reasonable amount (§ 560 BGB). The benchmark is the result of the last statement, not a mere estimate.
An increase without a prior (formally correct) statement or in an unreasonable amount you do not have to accept. You can reject the adjustment down to the justified level.

What you should do now

  1. 1

    1. Check the basis

    Is there a current, formally effective statement on which the increase is based? Without it, the adjustment is usually invalid.

  2. 2

    2. Recalculate the amount

    The new advance payment may be based on the proven need (as a rule one twelfth of the annual costs). Excessive surcharges can be challenged.

  3. 3

    3. React in writing

    Accept only a reasonable adjustment. Reject excessive or unjustified increases in writing.

  4. 4

    4. Continue paying correctly

    Continue paying the justified advance payment so as not to risk default, and clarify the difference separately.

How to spot the scam

  • The advance payment is raised without a preceding statement.
  • The surcharge is clearly above the last statement result.
  • The increase is justified with general 'cost increases' without documentation.

Frequently asked questions

When may the landlord raise the advance payment?

As a rule only after a formally correct operating costs statement and only in a reasonable amount (§ 560 BGB). The benchmark is the result of the last statement.

How high may the new advance payment be?

It should correspond to the actual costs; usual is one twelfth of the most recently billed annual costs. A surcharge going beyond this and not documented can be challenged.

What if I consider the increase excessive?

Reject it in writing in the excess amount and continue paying the reasonable advance payment. That way you avoid default and clarify the difference separately.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create a letter to the landlordCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

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.