Review of service charge statements
Service charge statements are a frequent source of dispute between landlords and tenants. We check statements for formal and substantive accuracy and assist landlords in preparing them in a legally sound manner.
The key points at a glance
Recoverable costs
In residential tenancy law, only those operating costs that are listed in the Operating Costs Ordinance and validly agreed in the tenancy agreement may be passed on. Management and maintenance costs are not included. The landlord must also observe the principle of economic efficiency.
Deadline for the statement
The landlord must account annually for advance payments. The statement must be provided to the tenant no later than the end of the twelfth month after the end of the accounting period (§ 556 Abs. 3 BGB). After that, a claim for additional payment is generally excluded unless the landlord is not responsible for the delay.
Tenant’s objections
The tenant must raise objections to the statement no later than the end of the twelfth month after receipt. The tenant is entitled to inspect the underlying receipts.
Special features of commercial leases
In commercial leases, the parties may agree a wider scope of recoverable costs, including, for example, management costs. The statutory deadlines for statements and objections under residential tenancy law do not apply directly here. However, the statement must be provided within a reasonable period.
How we proceed
We review the tenancy agreement, the statement and, where necessary, the landlord’s receipts.
We check deadlines, allocation keys, the recoverability of individual items and the plausibility of the costs.
We draft objections or responses rejecting them, negotiate a correction and, if necessary, represent you in court.
Frequently asked questions
Do I have to make an additional payment while I am reviewing the statement?
As long as the landlord refuses a justified request to inspect the receipts, the tenant can generally withhold the additional payment. Whether and to what extent this applies should be clarified in the individual case.
Can the landlord increase the advance payments?
Following a statement, either party may adjust the advance payments to an appropriate amount. This is usually based on the result of the most recent statement.
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Gewürzmühlstraße 5 · 80538 Munich