Final billing for leased property
July 5, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
My question concerns the commercial sector. Until December 2010, I was a self-employed restaurateur and had leased the gastronomic area of a sailing club. I have now received the final bill for 2010 (water, sewage, waste, electricity, oil, etc.). There were items listed such as sewage basic fee, chimney sweep and fire alarm maintenance. In the previous 5 years, these items were never part of the bill. They are also not listed in the lease agreement. All other costs (see list above in brackets) are listed in the lease agreement. When I inquired with a board member who prepares the bill, I was told that these costs had been forgotten for all those years, but now I would have to pay them.
My question is: Can a different determination of the costs to be paid be made retrospectively without amending the lease agreement?
Kind regards,
Dear inquirer,
Thank you for your inquiry. I would like to answer as follows:
The positions you mentioned can generally be contractually transferred to the tenant/leaseholder within the framework of ancillary costs.
However, this requires a contractual agreement. Without a corresponding contractual agreement, these costs cannot be passed on to you, so you can reject the demand.
If the unjustified demand continues to be made against you, you may want to consider appointing a local colleague to defend against the unjustified claim.
I hope this provides you with initial legal guidance and wish you success and all the best!
I would like to finally point out the following:
The legal advice I provided is based solely on the information you provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to reach out to me through the follow-up option.
I wish you a pleasant Tuesday afternoon!
Best regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
