Was late operating cost accounts

Rechtsanwaltsofort.de (openPR) - can a landlord operating cost account for 31.12.2006 for the year 2005 still after that

Stuttgart, 21 December 2006. In most leases the tenant commits itself to the payment of operating cost pre-payments. After the law the landlord is obligated according to paragraph 556 paragraph 3 sentence 2 BGB to account for over these pre-payments annually. The landlord must communicate the account to the tenant at the latest up to the expiration of the twelfth monthly after end of the accounting period. But which happens, if the landlord up to the deadline 31,12 not all were present for the manufacturing of the additional expenses account necessary documents or later result operating cost, on which the landlord had not counted Woman barrister Simone Scholz from Stuttgart gives information.

In many leases a clause is contained, according to which as accounting period the calendar year is considered. „Then the landlord must account for in 2005 resulted additional expenses up to 31.12.2006 “, communicates the Rechtsexpertin. The law plans that at expiration of the aforementioned account period the asserting of an additional charge is impossible by the landlord, it is, the landlord has the late asserting not to represent. This is in particular the case if he received calculations or fee answers undeservedly only at expiration of the term.

Now with judgement of 05.07.2006 the Federal High Court (BGH) decided that the landlord over additional admits becoming operating cost time near account for must. In the case decided by the BGH the tax office the landlord has only at expiration of the account period to 31.12. Real estate tax answers about real estate tax oh payments sent. After receipt of these real estate tax answers the landlord accounted for the additional charges only nine months later opposite the tenant. The BGH assumed that that no being to blame for meets the landlord at the additional receipt of the answers, however may the landlord wait not for an unlimited period, until it opposite the tenant raise the requirement. The landlord is rather held to make the additional charge time near valid so that the tenant within a visible time framework has clarity over his liabilities. After the quoted decision the BGH considers now one recalculation period of three months appropriate.

Scholz´ result: „Landlords should in the future within three months after receipt of the necessary documents over those later admit become operating cost the additional charge opposite the tenant to raise. If the landlord does not keep this period, then a requirement is impossible. “

Press contact
Birgit ruffle. jd&p communication agency.
Tel: (06131) 90622-44. E-Mail: krause@jd-p.de. www.jd-p.de

Source
Woman barrister Simone Scholz. Firnhaberstrasse ä. 70174 Stuttgart

Over Rechtsanwaltsofort.de
After the study of the jurisprudence at the Johannes good mountain university Mainz Simone Scholz is active since the year 1998 certified woman barrister and for the Kanzlei Kosmidis, Pantzer, Gudnason in Stuttgart. To their activity emphasis belong the real estate, renting and industrial law. With its Internet portal www.rechtsanwaltsofort.de makes the Juristin possible competent legal advice without large expenditure of time: by E-Mail (scholz@rechtsanwaltsofort.de) or telephone (0900/5869292) the Rechtsexpertin gives right information immediately to a fixed overall fee. Simone Scholz attaches great importance with its daily work to a comprehensive consultation and an understandable explanation of the legal situation. As a woman barrister it is certified, entitled to act as substitute at all district courts, regional courts, higher regional courts and labor courts of Germany at the regional court and higher regional court Stuttgart as well as member of the bar Stuttgart.

Further information under www.rechtsanwaltsofort.de

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