iStockLandlords may correct operating cost statements within twelve months of the end of the billing period. After this period, additional claims are no longer permitted. Different regulations apply to condominium owners' associations.
When are corrections to operating cost statements allowed?
Courts have clarified:
Corrections are permitted within twelve months of the end of the billing period.
For example:
- The billing period ends on December 31, 2021.
- The invoice must be submitted by December 31, 2022 at the latest.
- Corrections may be made up to this date, for example in the case of forgotten energy deliveries or incorrect meter readings.
A correction is only excluded if the originally reported balance was legally recognized – which is rarely the case.
Does a repayment constitute an acknowledgment of debt by the landlord?
No.
The Federal Court of Justice (judgment of January 12, 2011, case no. VIII ZR 296/09) ruled that the payment of a credit balance does not constitute final acknowledgment. Even after repayment, the landlord may correct the operating cost statement to the tenant's detriment within the stipulated period.
What happens after the twelve-month period expires?
After the deadline has expired, a correction to the detriment of the tenant is no longer permissible.
The Federal Court of Justice (judgment of 12 December 2007, case no. VIII ZR 190/06) has clarified:
- The landlord is no longer allowed to make any additional demands.
- Even a correction up to the amount of the advance payments made is excluded.
Tenants can therefore rely on the statutory deadline.
Legal situation for condominium owners' associations
Different rules apply to condominium owners' associations:
- A subsequent second ruling can correct an incorrect billing.
- This is also possible if the initial decision was unanimous.
- This is based, among other things, on decisions by the Higher Regional Court of Düsseldorf and the Higher Regional Court of Karlsruhe.
A correction is therefore also possible retrospectively by resolution, for example in the case of faulty measuring instruments.
What does this mean for landlords?
Landlords should:
- Thoroughly check invoices before sending them out.
- Always make corrections in a timely manner, within the twelve-month period.
- If you are unsure, seek legal advice.
Conclusion: What should be considered when correcting operating cost statements?
Utility bills may be corrected within twelve months of the end of the billing period. After that, changes to the tenant's disadvantage are no longer permitted. Exceptions exist for homeowners' associations through amendment resolutions.
Author
Quelle: Handbuch der Wärmekostenabrechnung | Frank Peters Minol Messtechnik W. Lehmann GmbH & Co. KG, 2019
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