Do I have to pay service-charge arrears?
Only under conditions. You owe a back-payment from the operating-cost statement only if the statement is on time, formally correct and comprehensible. The landlord must deliver it within 12 months of the end of the accounting period (§ 556 BGB). If he misses that deadline, he generally can't claim a back-payment (you must still get a credit). Only the operating-cost types agreed in the lease (heating, water, refuse, caretaker, etc.) are chargeable — not administration or maintenance. You have 12 months to raise objections.
📋 The rules
- Statement must arrive within 12 months of the period's end (§ 556 BGB)
- If the landlord misses the deadline: no back-claim (credit remains)
- Only agreed operating-cost types are chargeable
- Administration and maintenance costs are not chargeable
- You have a 12-month objection period and a right to inspect receipts
🔓 Exceptions
- If the landlord isn't responsible for the delay (e.g. a late utility bill), a back-claim may exceptionally be possible
- With an agreed flat rate (instead of advance payments) there's no statement/back-payment
- Obvious arithmetic errors the landlord may correct in the tenant's favour even after the deadline
⚠️ Penalties & fines
It's about payment duties, not fines. If the statement is late or formally flawed, you usually needn't pay arrears; a credit is still owed to you. If it contains non-chargeable items, you can cut them. If in doubt, demand receipt inspection and object in writing within 12 months — after that the statement counts as accepted.
📎 Official sources
- § 556 BGB · Agreements on operating costs →
- Operating Costs Regulation (BetrKV) · chargeable costs →
- German Tenants' Association · Operating-cost statement →
❓ Frequently asked
By when must the statement arrive?
Within 12 months of the end of the accounting period. If you get it later, the landlord usually can't claim a back-payment — unless he isn't responsible for the delay. You still get a credit.
Which costs may the landlord pass on?
Only the operating costs agreed in the lease under the Operating Costs Regulation — e.g. heating, water, sewage, refuse, property tax, caretaker, lighting. Administration and maintenance costs don't belong there.
Do I have to pay arrears immediately?
Only if the statement is on time and correct. Check it first, demand receipt inspection if in doubt, and object within 12 months. You needn't pay unjustified or non-chargeable items.
How long can I object?
You have 12 months from receiving the statement to raise objections. If you miss this deadline, the statement is in principle deemed accepted — so respond in time and in writing.
Can I inspect the receipts?
Yes. You have a right to inspect receipts and can check the original invoices or request copies. That's especially useful when individual items look unusually high.
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