Does my landlord have to provide me with a statement of operating costs?
September 2, 2023 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
My name is Valentina Germer and I am a tenant of an apartment in Berlin. Since moving in a year ago, I have not received any utility bill statement from my landlord. I am worried that I may have overpaid or that my landlord is not properly accounting for the utility costs.
The monthly advance payments for utilities are already high, and I would like to know if I may be entitled to a refund. I also fear that my landlord is deliberately delaying the statement to avoid potential additional payments.
I have already tried to address this with my landlord, but he does not respond to my inquiries. I feel helpless and do not know what steps to take next.
Could you please inform me if my landlord is legally obligated to provide me with a utility bill statement? And if so, what steps I can take to ensure that I receive a correct statement and potentially a refund?
Thank you in advance for your assistance.
Sincerely,
Valentina Germer
Dear Mrs. Germer,
Thank you for your inquiry regarding your utility bill statement as a tenant in Berlin. The situation, where you have not received a statement from your landlord for a year, is certainly concerning. It is important for tenants to be regularly informed about their utility bill statement to ensure that it is correct and transparent.
According to § 556 BGB, the landlord is obligated to inform about the annual utility bill statement within 12 months after the end of the billing period. This means that as a tenant, you are entitled to a timely and proper statement. If your landlord fails to fulfill this obligation, you can take appropriate steps to assert your rights as a tenant.
In your case, I recommend that you first communicate in writing and with proof (preferably by registered mail) to your landlord, demanding an immediate utility bill statement. Give your landlord a reasonable deadline within which the statement should be provided. If your landlord still does not respond after this request, you have various legal options to enforce a correct statement.
One option is to claim a rent reduction, as the lack of a utility bill statement constitutes a breach of your landlord's obligation. You can also consult a lawyer specializing in rental law to assist you in asserting your rights. Furthermore, as a tenant, you have the right to create the utility bill statement yourself and submit it to your landlord for review.
It is important that you are aware of your rights as a tenant and actively defend them to ensure that you are not disadvantaged. If your landlord continues to not respond, you can also contact the local tenants' association or consumer protection center for further assistance and advice.
I hope that this information is helpful to you and wish you success in asserting your rights.
Sincerely,
Oliver Hentschel
Lawyer specializing in rental law
