Pays the landlord accidentally too high a cost of funds, he may also demand the return again.
even a not so rare case: The landlord charged on time from the operating costs. After submitting the statement he noted that he had a larger position - in this case: fuel oil - has forgotten. This fact tells its tenants, the landlord in writing and send a corrected statement, which showed a lower to € 138.08 credit. This difference due to the earth book was issued to direct debit from the checking account of the tenants. This desire to repay the debited Betrages.Das District Court dismissed the complaint and allowed the appeal. The district court rejected the arguments of the plaintiff. . The Federal Court today ruled that the unconditional refund taken a following of a utility bill credit of the tenant for no declaratory debt acknowledgment of the landlord is the lessor of residential space a utility bill can then later - within the grace period under § 556 Abs . 3, sentence 2 and sentence 3 BGB - at the expense of the tenant to correct, if he is from the original, incorrect has credited settlement resulting credit without reservation to the rent account. The mere payment of the balance resulting from the settlement justifies not yet accepting an admission of debt that makes the final amount to be specified in the settlement binding.
BGH, Judgement of 12 January 2011 - VIII ZR 296/09
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