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Nachzahlung for Nebenkosten very high - what to do?

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Hi all,

 

I've read a few threads on this topic but none seem to address our particular situation.

In short, we just received our Betriebskostenabrechnung for 2016 - with a rather hefty Nachzahlung of 537 Euros. In addition to this, our landlord has now raised our monthly Nebenkosten for the second time in the space of a year, now costing us 50 Euros more per month than the initially agreed amount.

 

The difference between our bill from 2016 and 2015 has nothing to do with our consumption - we actually decreased our usage in the biggest areas. The difference is that our Gebäudeversicherung has increased by 221 Euros this year (an increase of 43%?!) and our landlord has suddenly added a whole lot of items not listed in 2015 (Schornsteinfeger, Betriebstrom, Heizungwartung, Prüfungskosten + Miete Heizkostenverteiler = 231 Euros). I have no issue with any of these new items, but I question why they weren't included in 2015's bill or at least factored into the Nebenkosten for the following year.

 

It seems to me that the initial calculation for the Nebenkosten was unrealistically low, which in my mind is very misleading. The question is this: do I have a leg to stand on in terms of questioning this payable amount? Or do we just have to suck it up and pay it? 

 

Thanks in advance!

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Join the tenants association (Mieterverein). They can tell you if the charges are allowed or can be disputed. There are plenty of things that German landlords can charge for. Some of them however are only allowed if they are mentioned in your rental contract.

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14 hours ago, fault said:

 

 

It seems to me that the initial calculation for the Nebenkosten was unrealistically low, which in my mind is very misleading. The question is this: do I have a leg to stand on in terms of questioning this payable amount? Or do we just have to suck it up and pay it? 

 

Thanks in advance!

Unfortunately not, it's a trick some landlords use to make the place seem cheaper. NK is simply an estimate of costs for the following year. Having said all that it's not unusual for people to make mistakes. I screwed up last year when I got the heating portion wrong and gave my tenants a big refund. My mistake so I had to swallow the costs. I would suggest making an appointment at the meitverein as they can review the statements and explain how it works. 

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On 28/12/2017, 10:45:06, Tim Hortons Man said:

Unfortunately not, it's a trick some landlords use to make the place seem cheaper. NK is simply an estimate of costs for the following year. Having said all that it's not unusual for people to make mistakes. I screwed up last year when I got the heating portion wrong and gave my tenants a big refund. My mistake so I had to swallow the costs. I would suggest making an appointment at the meitverein as they can review the statements and explain how it works. 

 

On 27/12/2017, 21:50:28, LeonG said:

Join the tenants association (Mieterverein). They can tell you if the charges are allowed or can be disputed. There are plenty of things that German landlords can charge for. Some of them however are only allowed if they are mentioned in your rental contract.

 

Thank you both for your response. I think joining the Mieterverein is the way forward.

Happy New Year!

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