Additional costs payment later than one year after move-out
February 8, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I moved out of a rental apartment on 31.07.2009 and only received a final utility bill on 12.12.2010. I refused to make a payment within a year due to the billing. The landlord's lawyer now responds as follows:
"With regard to the electricity and heating cost billing, you argue that this should have been submitted within one year after the billing period, therefore by 31.08.2010.
Regarding the billing for operating costs, § 556 BGB stipulates - as you correctly point out initially - the landlord's obligation to inform the tenant of the billing no later than twelve months after the end of the billing period, § 556 para. 3 sentence 1 BGB.
An exception to this applies if the landlord is not responsible for the delay in the demand for payment, § 556 para. 3 sentence 2, 2nd sentence BGB. This is the case here:
The company Brunata, which was commissioned to prepare the operating cost billing, has - as can be seen from the utility bill (which we enclose again as an attachment) - only finalized it on 17.11.2010 despite repeated requests from my client. My client then promptly sent the billing received by regular mail on 12.12.2010 to you. Therefore, the delay is not attributable to my client, so the amount specified is rightfully demanded.
Do I really have to pay now? If so, does the landlord not have to prove first that he is not actually responsible for the delay?
Dear Inquirer,
Thank you for your inquiry. I would like to answer as follows:
The colleague's advice is entirely correct.
The question is, of course, whether the landlord was actually prevented from meeting the deadline of 12 months after the end of the billing period without his own fault.
He must prove this, so you are right in that regard.
However, if he can prove that he has sent several reminders as claimed, and this has been unsuccessful, then the delay is not his fault and would be considered the textbook case of a statutory exception.
You should request evidence from the landlord if necessary.
If he can provide evidence, unfortunately, the demand would be justified, and the delay would be without fault.
I hope to have provided you with some initial legal guidance and wish you much success and all the best!
I would like to point out the following in conclusion:
The legal advice I have provided is based solely on the information you have provided. My response is only a first legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. You can of course contact me via the follow-up option.
I wish you a pleasant Tuesday evening!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
