In addition to the rent itself you pay an amount each month for water, waste, insurance and co. Whether these operating costs are correct depends first on which tenancy law applies to your flat. Here you will learn which items are permitted in the strictly regulated area, how your share is calculated and what to watch out for with freely agreed operating costs.
First clarify: Which tenancy law applies to your flat?
The Mietrechtsgesetz (MRG) knows three levels. In the full application – typical for old buildings and subsidised rental flats – the precise operating cost rules of §§ 21 to 24 MRG [S1] apply.
In the partial application only a small part of the MRG applies, namely the provisions listed in § 1 para 4. The operating cost paragraphs are not included. Affected are, among others, privately financed new buildings with building permits after 30 June 1953, rented condominiums in buildings with a building permit after 8 May 1945 as well as attic conversions (building permit after 31 December 2001) and extensions (building permit after 30 September 2006) [S2].
In the full exception the MRG does not apply at all, for example in buildings with at most two independent flats or commercial premises [S2]. Cooperative flats have their own rules under the Wohnungsgemeinnützigkeitsgesetz [S9].
The statutory catalogue in the full application area
If the MRG applies in full, the list of operating costs is exhaustive. The following may be charged [S1]:
- Water supply, also calibration, maintenance and reading of measuring devices for consumption recording,
- chimney sweeping, sewer clearing, waste removal and pest control,
- electricity and lighting of the parts of the building that are generally accessible,
- a reasonable fire insurance, a reasonable liability insurance and insurance against water damage from pipes,
- insurances against other damages such as glass breakage or storm – but only if the majority of the main tenants has agreed,
- administration costs and the costs of building caretaking,
- ongoing public charges on the property such as land tax, insofar as state law does not prohibit passing them on.
Administration is not billed according to actual expenses but as a lump sum per square metre of usable area and per year. The amount is linked to category amount A and is therefore adjusted from time to time; expenses such as printed matter or booking fees are already included in it [S3]. Building caretaking includes cleaning and maintenance of the common areas, care of the pavement including snow clearance and supervision of the building. Only a reasonable remuneration may be charged [S4].
For communal facilities such as a lift, laundry room or communal green areas you only contribute if you are entitled to use them under the contract or agreement [S5]. Heating and hot water from a central system are usually not billed here but under the Heizkostenabrechnungsgesetz [S5].
What does not belong in the operating costs
Anything that is not in the catalogue has no place in the operating cost statement of a full-application flat. Typical errors are repairs and maintenance work on the building, improvements, reserves for later works or additional processing fees of the administration [S8]. Also repairing a chimney is maintenance – regular chimney sweeping, by contrast, is an operating cost item [S8].
How your share is calculated
The basic rule is the ratio of your usable area to the usable area of all units in the building. Counted as well are flats that the landlord uses himself or that are empty even though they could be rented – the share of empty flats is therefore not borne by the other tenants [S6].
Usable area includes the floor area without wall thicknesses and openings. Stairs, open balconies and terraces as well as cellar and attic rooms that are not suitable for living are not included [S6]. A different key is only possible if all tenants and the landlord agree to it in writing. For consumption-dependent costs with measuring devices a written agreement with two thirds of the tenants is sufficient [S6].
Fictitious example: Your flat has 58 m², all units in the building together 1.450 m². Your share is 58 ÷ 1.450 = 4 percent. If the building's operating costs amount to 29.000 euros per year, your share is 1.160 euros.
Flat rate or individual invoice
It is customary to have a monthly flat-rate instalment. It is calculated from the costs of the previous year; if costs have risen in the meantime, the landlord may add at most 10 per cent. He must settle the account by 30 June of the following year at the latest; a credit or an additional payment becomes due at the next but one interest date [S1].
Fictitious example: If your share was 1.160 euros in the previous year, that would be around 96,67 euros per month. If costs have risen, the instalment may be increased to at most 1.276 euros per year, i.e. around 106,33 euros per month.
Without a flat rate there is the individual invoice: in that case your share is due on the first day of each month, provided the landlord has evidenced the costs to you with invoices at least three days beforehand [S1]. In everyday practice this variant plays hardly any role [S8].
When the MRG does not apply or applies only partially
In the partial application and the full exemption, your tenancy agreement decides whether and which operating costs you pay. If nothing is agreed therein, the landlord cannot in principle pass them on to you [S10]. If a company is renting to you as a consumer, pre-formulated clauses must be clear and comprehensible, otherwise they are ineffective [S7]. Repairs and maintenance work may also not be recharged via the operating costs in these cases [S8].
Whether a clause is actually unclear and whether a reclaim is worthwhile can only be assessed on a case-by-case basis. Blanket promises that all operating costs can be recovered do not apply to many tenancies [S11]. If in doubt, have your contract checked by the Arbeiterkammer, a tenants' organisation or a housing law advisory centre.