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German Law on Tenant's Share of Operating Costs
This article clarifies which operating costs German landlords can legally charge tenants, based on the operating cost catalog and relevant legal precedents.
- What operating costs can German landlords legally charge their tenants?
- German landlords can charge tenants for operating costs listed in the operating cost catalog (Sections 1-16 of the Betriebskostenverordnung), including regular costs like elevator maintenance and costs resulting from necessary modernizations, such as installing an elevator. However, one-time costs like a single roof clearing are not permissible.
- What is the role of regularity and periodicity in determining chargeable costs?
- Regular costs, such as those occurring every two to five years (e.g., bicycle disposal), are generally chargeable. However, one-time expenses, such as a single roof cleanup during renovations, are not. Exceptions exist for necessary repairs, like removing a dangerous tree, which can fall under 'garden maintenance' costs.
- What are the implications for landlords who fail to include certain costs in the initial operating cost statements?
- Landlords who initially omit costs like property tax cannot back-charge for previous periods. However, they can include these omitted costs in future operating cost statements. This is based on legal precedent, allowing for adjustments for future billing cycles but not for past periods.
Cognitive Concepts
Framing Bias
The article presents a balanced view by including both perspectives of landlords and tenants regarding the allocation of operating costs. It highlights the importance of the rental agreement, the operating cost catalog, and legal precedents in determining what constitutes a legitimate cost. However, the emphasis on the legal aspects might unintentionally frame the issue as more complex than it is for the average reader.
Language Bias
The language used is largely neutral and objective. The use of quotes from a legal expert adds credibility. However, terms like "Schusseligkeit" (clumsiness) might be considered slightly informal and subjective.
Bias by Omission
The article could benefit from including examples of specific operating costs that are frequently disputed and clarifying the differences between maintenance and repair costs. It also omits discussion of potential disputes and methods of resolution.
Sustainable Development Goals
The article discusses fair distribution of costs related to building maintenance and improvements between landlords and tenants. Ensuring transparency and fairness in these cost allocations can contribute to reduced inequality by preventing undue financial burden on tenants, particularly low-income ones. The article highlights the importance of adhering to legal frameworks (like the Betriebskostenverordnung) and using established cost allocation methods to ensure equity.