Utility bill too high? How to check and challenge it
The operating cost statement arrives and the back payment is hefty? Before you pay: you may check the statement, inspect the receipts and object within deadlines. There are often errors in it.
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What you should do now
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1. Check the deadline and formalities
Did the statement arrive within 12 months after the accounting year? Are the period, the allocation key and your advance payments shown correctly?
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2. Demand inspection of the receipts
Ask in writing to inspect the original receipts (§ 259 BGB). This is how you spot inflated or non-allocable items.
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3. Check non-allocable costs
Administrative costs, repairs and maintenance and bank fees as a rule do NOT belong in the utility costs, only the items named in the contract or § 2 BetrKV.
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4. Challenge in writing
Set out specifically which items you are challenging, and for now retain the disputed part of the back payment. You should pay the undisputed part.
Frequently asked questions
By when must the landlord issue the statement?
No later than 12 months after the end of the accounting period (§ 556 Abs. 3 BGB). If he misses the deadline, he as a rule can no longer enforce a back claim, but you must still receive any credit balance.
Which costs may NOT be allocated?
Administrative costs, maintenance and repair costs and as a rule bank and account fees are not allocable. Only the operating costs agreed in the tenancy agreement under the Operating Costs Ordinance (BetrKV) are allocable.
Take action now
We put together the ready-made texts and the right places to contact for you.
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.