Ask a lawyer on the topic of Tenancy law

Service charge in commercial lease agreement

June 30, 2011 | 25,00 EUR | answered by Bernhard Müller

Hello,
as a commercial tenant in a property with multiple parties, we are being asked to share the costs for clearing a blocked pipe, even though we are not at fault. Do we have to pay "our share" or can we refuse to make the payment?

Bernhard Müller

Dear inquirer,

The removal of blockages is not explicitly listed as recoverable in the operating cost regulation. Based on your description, I assume that the blockage is in the main pipe, where the wastewater of all tenants drains, not in a branch pipe where only your wastewater flows.

Therefore, the removal of the blockage is considered a repair that the landlord must pay for themselves according to § 535 I BGB. However, with commercial tenants, it is possible to agree on something different in the lease. If this was expressly agreed upon in your contract, you must bear the proportional costs.

If there is nothing about this in your lease, you can refuse to make the payment.

Best regards,

Bernhard Müller Attorney