What can I do if my landlord does not provide the utility bill on time?
October 12, 2023 | 40,00 EUR | answered by Ludwig Kuhn
Dear attorney specializing in tenancy law,
My name is Erwin Netz and I am reaching out to you with an urgent question. My landlord has not yet provided a statement of operating costs for the past year, even though the legal deadline has already passed. I am concerned that I may have to pay too much in operating costs if the statement is only provided later.
The situation is as follows: I have been living in my rental apartment for several years and regularly receive operating cost statements from my landlord. Normally, the statement is presented in spring for the previous year, giving me enough time to review the costs and potentially file a complaint. However, this year the deadline has already passed and I have not yet received a statement.
I fear that my landlord is delaying the statement in order to avoid possible refunds or to burden me with higher costs. Therefore, I would like to know what options I have to compel my landlord to provide the operating cost statement and how best to handle this situation. Are there legal regulations that require my landlord to provide the statement on time?
I would like to hear from you how I should best handle this situation and what steps I can take to protect my rights as a tenant. Thank you in advance for your help.
Sincerely,
Erwin Netz
Dear Mr. Netz,
Thank you for your inquiry regarding the missing utility bill statement from your landlord. It is understandable that you are concerned, as a delayed statement could lead to financial disadvantages for you. In fact, there are legal regulations that oblige your landlord to submit the utility bill statement in a timely manner.
According to § 556 BGB, the landlord must submit the annual utility bill statement no later than 12 months after the end of the billing period. This means that the statement for the year 2020 should have been received by you no later than December 31, 2021. If your landlord has not met this deadline, he has violated his legal obligation.
In such a case, as a tenant, you have various options to urge your landlord to submit the utility bill statement. You can first ask your landlord in writing to submit the statement promptly and remind him of the legal deadline. Give him a reasonable deadline within which he should catch up on the statement.
If your landlord still does not provide the statement after this request, you can seek assistance from a lawyer specializing in tenancy law. They can help you assert your rights against the landlord and potentially initiate legal action. Possible measures could include enforcing a deadline for the statement or claiming damages.
It is important that you uphold your rights as a tenant and do not accept a missing utility bill statement. Make sure to document all communication with your landlord in writing and keep all relevant documents carefully. This way, you can prove that you have asserted your rights in case of a legal dispute.
I hope this information is helpful to you and I am available for further questions.
Kind regards,
Ludwig Kuhn
Lawyer specializing in tenancy law
