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checklist utility bill

The annual utility bill is one of the militant-prone topics of tenancy. The following check list attempts to provide a first orientation. The statement must be properly formal and material terms.

I. Form of billing

1.Hat the landlord or his representative, the explanation given in text form?
2.Erfolgt a statement of the total cost for individual items
3.Does called the allocation formula and explained?
4.Wird calculated the portion relating to the tenant share of the total costs properly?
5.Werden receive credit for advance payments made by the tenant properly?

II The content of the settlement

first The costs listed

a) Is this for the expenses listed are those which in principle to § § 1.2 BetrKV are fully allocated?
b) its allocation has been agreed in the lease effective?
c) If the direct costs incurred in fact?
d) When the listed costs, the right rental property or the right business entity?
e) If the costs are too high:
aa) Has complied with the Wirtschafltichkeitsgebot?
bb) Have set may cost twice?
cc) If the cost may not apportionable share?

second The allocation formula

a) Was employed in the lease as stated in the settlement of distribution?
b) the scale of distribution has been explained in a comprehensible way?
c) the allocable costs are also under the respective right of distribution has been folded?
d) the result calculated correctly?




third The advance payments

a) Are included in the settlement of all payments the tenant?
b) if the result calculated correctly?

4th The accounting period

a) Has complied with the contractual settlement period exceeding one year?
b) account for the costs actually placed on the approach to this billing period?
c) If opening and closing stocks consistent with the usage-based charges?

III. Exclusion period
If the landlord or his authorized representative settled within one year following the end of the accounting period (§ 556 para 3 sentence 3 BGB )?

As mentioned above, this check list are only the first orientation. In cases of doubt you should consult a lawyer, therefore.