Hello,
As you can see in the pictures, my landlord is asking me to pay a 777€ Nachzahlung for 2023. We’ve been living in the apartment since May 1st, 2023, and this amount seems quite high to me.
He also sent us the Einzelabrechnung (second pic), but I’m struggling to match the numbers in his letter with those on the document. I’ve tried going through it, but nothing seems to add up exactly.
Has anyone else dealt with a similar situation? Is this amount reasonable, or could there be an error? I usually just pay whatever, but 777€ feels too much. Any advice on how to check this properly?
Thanks in advance!
by TogetherForever07
19 comments
As far as I know, you don’t have to pay the invoice at all, since the deadline for the 2023 Nebenkosten ran out at the end of 2024.
You can completely ignore it. Last possible date to send this letter was 31.12.2024
Also paying 100 Nebenkosten seems a bit low to cover all the cost. You should increase it for future payments so you don’t have to pay bigger sum of money later.
Abrechnungszeitraum is 01.01.2023-31.12.2023. He would’ve had to send you the Abrechnung until 31.12.2024. He did not so it’s his problem now.
Your landlord should’ve sent you this until 31.12.2024.
Unless he can prove that it wasn’t his fault for sending it only now (and I don’t see one) you don’t have to pay it.
The Deadline is over lol
There are also multiple mistakes in the letter from the landlord. So it would need correction anyways. And because it’s too late, he can’t invoice you.
The 2256,73€ are for the whole year. That’s the stuff he can pass onto you.
2256,73 * (8/12) = 1504,48€
(IMO) Sign up for a Mieterbund and give them the letter. I don’t even interact with my landlords anymore. Anything they send me I send right over to the MB.
Regarding the numbers: Your landlord owns a flat in a building.
Second page is the bill he got from the building management.
The only part that concerns you would be the middle „Mieterumlagefähige Kosten“. 2256,73€ divided by 12 month and multiplied by the eight months you have been renting gives you exactly 1504,48€ from the first page.
That’s the easy way to calculate your part, but it’s also not legal. Heating cost must be calculated by your actual usage for the eight months, as this is really depending on the season.
Since January and February are expensive months for heating, that’s to your disadvantage.
Now given the date, since your landlord got the bill in November 2024, he might still have time, the law is a bit more complicated than the other posts say.
Talk to a Mieterschutzbund or a lawyer to challenge the bill, you can at least lower it.
It was created in November 2024, so it is weird that you got it just now. That being said (so the comments about ignoring it can be not useful to you, if the Hausverwaltung service can prove they sent it before the year was over), you’re right that the numbers don’t match (the detailed Nebenkosten are 1074,83€ + 72,76€ don’t make 1577,24), unless there’s a second page to what you posted or something. I would ask for clarification as to why you are receiving this now and as to the amount.
So to answer your question: there are costs which can be passed on to the tenant and some that aren’t.
The first column in the second paper is the total for all apartments. The column “Ihr Anteil” is what the landlord has to pay for the apartment. “Mietumlagefähige Kosten” are the costs that can be passed on to the tenant, the others that can not. So for the year 2023 the amount of costs the landlord had to pay and can pass on to you is 2.256,73€
As you did not live in the apartment the whole 12 months, it’s only 8/12 of the sum. That’s 1.504,49€, minus 800,- is 704.49€ plus 8/12 of Grundsteuer makes 777€
I’m assuming that the landlord owns only one apartment in the complex and not multiple.
That means you’ll probably have to pay at least 2.300€ for 2024 and you’ve only paid 1.200€ Nebenkosten ahead. Like the others have said, I’d advise you to double the Nebenkosten to avoid having to pay more at the end of the year. 200€ Nebenkosten for Munich are ok, especially as it includes heating and electricity. I paid 300€ Nebenkosten 15 years ago, so it’s still a very fair deal.
The “Gesamt” column is for the whole house. The “Ihr Anteil” column is your portion of that. The middle section (“mieterumlagefähige Kosten”) is stuff that they can legally ask you to pay while the bottom section (“nicht mieterumlagefähige Kosten”) is something the landlord has to pay.
The 1504€ in the letter from your landlords is 8 months of the mieterumlagefähige Kosten (66.6%) – I’m assuming you moved in in May. The 800€ is what you paid in advance (100€ of your rent per month). Essentially, utilities cost more than expected, maybe because you used the heating more than expected or for one of a million other reasons. So they’re asking you to pay the rest. So much for where the numbers come from.
Whether you have to pay it depends on when you received it (as others have explained already).
If you’re going to ignore it (as people are suggesting), just be prepared for him to maybe try something. Many landlords wouldn’t be willing to accept something like that – even if it is their mistake and even if they have no legal leg to stand on. He may send more letters demanding a higher sum, try to kick you out or intimidate you in another way. You should be aware of the fact that you have very elaborate rights as a tenant and if he pulls any weird shit it is likely not legal. You should definitely keep all of the letters (paper trail). Maybe it’s also a good investment to join the local Mieterschutzbund as a precaution. It’s usually less than 100€ per year and they can help you with any legal stuff he may try to throw at you.
Does nobody see the 01.05.2021? Unable to even see the right year…
Been in the exact same situation. Do NOT pay anything. The numbers might or might not be correct; that doesn’t matter. They sent the invoice too late. The relevant law is BGB 556 (3). You can find it online, the tl;dr is: the latest date to claim these costs is the last day of the following year, i.e. 31st of December 2024 in your case.
You can just ignore that. He’s way too late.
Cheers.
Looks to be calculated incorrectly, since you didn’t live there for all of 2023. But it might be too late for 2023 one anyway.
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What is VTS?
The document that you got is not sufficient enough. Your landlord is obligated to give you a detailed overview of what you consumed.
I’d recommend becoming part of the Mieterschutzbund. If you cannot join it, look for an equivalent in your city. They will support you with legal advice for a small buck.
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