perfectlab - stock.adobe.com /If a tenant moves out during the current billing period, landlords must wait until the end of the year to provide the final statement of accounts. An immediate partial statement is only possible with considerable effort and is not legally required. The Heating Costs Ordinance mandates a comprehensive statement for the entire building and the entire billing period. Tenants moving out are not entitled to a separate interim statement.
Why is the billing process often complicated when moving out?
Many tenants moving out want an immediate statement of account and special consideration of their utility costs up to the point of departure. Landlords face challenges in this regard, as the Heating Costs Ordinance stipulates clear rules for billing. Billing with an interim meter reading is generally possible, but time-consuming and not mandatory.
Correct billing upon move-out?
- The annual billing covers the entire billing period and all apartments in the building.
- A separate statement of account will be prepared for tenants who are moving out, in the next overall statement of account.
- Advance payments from tenants should be sufficient to cover any potential additional payments.
- An immediate final settlement is not legally required (e.g., AG Bückeburg, judgment 1992).
- The Heating Costs Ordinance (§ 9b) It regulates the cost sharing in the event of user changes and allows interim meter readings, but only with corresponding effort.
- Partial billing up to the point of move-out requires complete readings of all meters and a clear allocation of costs. This is rarely feasible in practice, as maintenance and administrative costs, for example, are often not available on a monthly breakdown.
What does this mean for landlords and departing tenants?
In practice, a separate interim statement of accounts upon move-out is rarely carried out. The effort involved is considerable, the costs substantial, and there is no legal obligation to do so. Landlords should focus on the annual statement of accounts and ensure that advance payments are correctly calculated. Outgoing tenants must understand that an immediate statement of accounts is neither technically nor legally required.
What are the recommended courses of action?
- Inform your tenants transparently about the billing procedures as soon as the contract is signed.
- Make sure that advance payments are reasonable to avoid additional charges upon move-out.
- If necessary, hire a professional meter reading service company for accurate readings.
Author
Quelle: Handbuch der Wärmekostenabrechnung | Frank Peters Minol Messtechnik W. Lehmann GmbH & Co. KG, 2019
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