Can my landlord increase the flat rate for utilities, even if there is no increased consumption?
February 2, 2022 | 40,00 EUR | answered by Hans Krüger
Dear lawyer,
I am reaching out to you because I am unsure whether my landlord has the right to increase the lump sum for ancillary costs, even though there is no increased consumption. In my current living situation, I pay a monthly lump sum for ancillary costs as stated in the rental agreement. So far, the costs have not changed, but my landlord has informed me that he wants to adjust the lump sum due to increased prices and general ancillary cost increases.
I understand that cost increases can be passed on, but I wonder if this is possible without actual increased consumption. I consciously pay attention to my energy consumption and have not noticed any changes that would justify an increase. Therefore, I am concerned that my landlord wants to arbitrarily raise the lump sum without justification.
What legal options do I have as a tenant in this case? Can I refuse the increase in ancillary costs and demand an examination of the actual costs? Are there any legal regulations or provisions that protect my rights as a tenant regarding ancillary costs?
Thank you in advance for your support and advice on this matter.
Sincerely,
Sofia Hofstetter
Dear Mrs. Hofstetter,
Thank you for your inquiry regarding the increase in the utility cost flat rate by your landlord, even though there is no increased consumption. It is understandable that you are concerned and want to protect your rights as a tenant.
First of all, it is important to know that your landlord generally has the right to adjust the utility cost flat rate if the overall utility costs have increased. This can be due to rising prices, general increases in utility costs, or increased consumption values. However, the adjustment of the flat rate must be justified and cannot be arbitrary.
In your case, if you have not noticed any increased consumption and the costs have not changed, you can initially reject the increase in utility costs flat rate. You have the right to request an examination of the actual costs and demand understandable evidence from your landlord. Your landlord is obliged to grant you access to the billing documents and explain how the utility costs are calculated.
There are legal regulations in the Civil Code (BGB) that protect your rights as a tenant regarding utility costs. In particular, § 556 BGB regulates the agreement and billing of utility costs. According to this, the cost distribution must be clearly regulated in the rental agreement and the tenant has the right to an annual utility cost statement. If you have doubts about the accuracy of the statement, you can have it checked and possibly file an objection.
Overall, it is important that you inform yourself about your rights as a tenant and seek legal advice if in doubt. You should engage in dialogue with your landlord and seek a mutually agreeable solution. If this is not possible, you can seek assistance from a specialized attorney in tenancy law to represent your interests.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Hans Krüger
Attorney at Law
