My utilities bill is very high. What can I do?
My utilities bill is very high. What can I do?
Suddenly you get utilities bill that you think is too high, as you paid much less the year before. Is the increase due to the landlord even permissible? Unfortunately it can happen quite often that several house administrations charge tenants too much for utilities. That is why the yearly utility bills should be reviewed.
Especially in matters relating to tenancy law, a lawyer can also consult and assist you, so that you are clearly informed about your rights.
Generally only certain legally stipulated costs are allowed to included into the utilities statement.
What constitutes operating costs or utilities?
In principle, only very specific legally stipulated costs may be included in the utilities, such as:
-Water sewage
-Water density control
Calibration, metering and billing costs for a consumption bill for cold water, if there is an agreement
-Sewage disposal
-Rubbish
- Disposal of abandoned goods
-Pest control
- Sweeping fees (chimney sweep)
-Electricity for lighting the staircase & common areas
- Insurance premiums for fire, liability and tap water damage
-Insurance premiums for broken glass and storm damage, provided that more than half of the tenants have agreed to this passing on
-Adminstrative fees
-Housekeeping (including old service contracts with "real" house-keepers, also handling employees, local tax) including snow removal
-public taxes
-Operating costs of community facilities (elevator, heating, playground, swimming pool, sauna, laundry room, green areas, common areas etc.) such as B. electricity, service, maintenance, energy costs, lawn mowing etc.
A lawyer can give you clarity as to whether all of the costs listed in the utilities statement are legal.
From the start of the year, the landlord may charge you a maximum 10% higher utilityflat rate.
Which amount of utilities increase is permissible?
Should your landlord, at the end of the year, have determined that the utility costs have risen, he is allowed to charge you a maximum 10% higher utility flat rate, starting the following year.
According to the legal regulations house administrations and landlords have to invoice last year's utilities by 30. June and disclose it to the tenants.
Which requirements does a proper utility bill/statement have to meet?
According to the legal regulations house administrations and landlords have to invoice last year's utilities by 30. June.
This utilities bill or statement has to be disclosed to the tenants as their is no data protection for the bill/statement.
According to the regulations all expenditures for the last year are to be illustrated in itemized sections. The expenditures and the already paid installments will yield a credit or balance with additional payments for the tenant.
In practice:
-The utilities bill has to be complete and accountable. It has to contain a well-arranged table of all the earnings and expenditures on hand of receipt, so that the tenant can control everything.
-The utilities bill is only complete if every expenditure is documented by a receipt.
It does not suffice when a summary section such as "water/sewer €3000" is disclosed.
-A utilites bill/statement has to, for example regarding water, list notices of charge of the water authority by date, in order for the tenant to clearly see, how the total amount of section "water/sewage" was calculated.
-You have to get a clear picture which additional payments have to be made after accounting all the previously made payments.
-Normally it is sufficient if the expenditures are listed in the utilities and documented by receipts so that you control it. The receipts of the utilities statement have to be from the previous year.
-The utilities statement including receipts has to available for insight within the premises the appartment complex and not only in the offices of the house administration.
Which deadline exists for contesting a utilities statement?
Utility statements can be paid in arrears for up to three years, provided that the utilities statements are still available.
When it comes it cooperative apparments and heating bills, there is a deadline of only six months
upon receipt of the utilities statement to contest it in writing, or else the bill is acceptable.
A lawyer can clarify you about the exact deadlines.
In the course of the utilities statement, you have the right to inspect the receipts for up to six months
upon posting.
What is the deadline for being able to inspect the receipts from the utilities statement?
In the course of utilities bill/statement, the landlord or house administration must also offer you the opportunity to inspect the documents. Without this right of inspection, the annual statement of utilities is not properly disclosed.
In addition to inspection and a copy of the utilities statement, you also have the right to receive copies of the receipts. However, this right of inspection and the right to have copies made only apply up to six months from the date of posting (posting) the utilities statement
- So usually the deadline ends at 31.12.
If the landlord / house administration does not comply with your request after inspection of the receipts, the utilities bill is deemed not officially posted and therefore no additional payments are due.
If you want to contest a utilities statements, it is worthwhile to inspect the documents as soon as possible.
Which deadlines exist for landlords/house admininstration to claim receipts in the utilities statement?
If the costs are not stated in the utilities bill within one year after 31.12 through posting, preclusion
comes into force (the right to claim closts by the landlord expires.)
Exmample: Your landlord claims water cost from the year 2015, middle of 2017. Unfortunately too late, as the deadline expired on 31.12.2016.
I want to contest my utilities statement. How do I go about doing that?
If proper receipts are available, an appeal only makes sense if the value of the utilties per square meter is three euros
and the detailed utility receipts are also available to you personally, since a contestation always involves a high cost risk.
1. Hire a lawyer to review the annual utilities statement. In the course of the review, the lawyer can inspect the documents so that you have a clear picture of the cost sheet.
2. If the review of the utilities statement shows impermissible costs on, the lawyer can file a complaint to the arbitration board or district court,within the legally stipulated period.
The arbitration board / court reviews the content of the annual statement and determines which items (individual points of the statement) are not permitted. These are then taken out of the statement and you can then request a refund of the overcharged amount.
Contact
We will review your lease agreement free of charge and also examine if a rent increase is permissible": contact me under my WhatsAp number 06507283562
When contacting us via the form below, we ask you to send us your lease agreement.
Then we can help you quickly and efficiently.
If you have any questions concerning the termination of your lease agreement and if it was permissible, more Information here.
If you have any questions concerning rent increases and if they are allowed, more information here.
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