Nebenkosten report, when is it due?

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Hi all,

time ago I rembember I've read a post of someone talking about his landlord that did't want to provide him with the nebenkosten report. Unfortunatelly I am not able to find it and so I am opening a new thread, sorry for this. Basically my question is: when is normally provided the report of the nebenkosten? I've asked my landlady last month, and she said that it would have been ready last month. This month I've sent her already two whatsapp messages asking her to provide me with it before paying the rent of december, so I could adjust it, but she didn't reply at all (but she has read the messages). Now, I have the impression that she has to give me money back and she is not replying for this reason, hoping that I could forget. So I was wondering if I can do anything or if I have to go to a mietverein (I would avoid if possible). Suggestions? Many thanks.

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13 hours ago, angychan said:

Basically my question is: when is normally provided the report of the nebenkosten?

It can take a long time. The costs are calculated for a period of 1 year  ("Abrechnungszeitraum"). Then at the end of the 12th month after said period has ended the report must be provided (at the latest). I.e. if the last period ended on December 31st 2018 then you must have the report not later than December 31st 2019 (and even then the deadline might be extended under certain circumstances, e.g. if the landlord is still waiting for invoices from the gas company himself).

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If you owe her for 2018, she loses the right to charge you if she fails to bill before the end of this year.

 

If you think she owes you and want to force her to give you a statement, write a paper letter and send via registered mail.  If you need help, join the Mieterverein.

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19 minutes ago, LeonG said:

If you owe her for 2018, she loses the right to charge you if she fails to bill before the end of this year.

 

If you think she owes you and want to force her to give you a statement, write a paper letter and send via registered mail.  If you need help, join the Mieterverein.

Just to add to this, if she owes you for a past period, her debt is not canceled if she fails to provide you with a statement by the end of 2019.

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Hi guys,

 

thanks all for the replies. My contract started middle of October 2018, this is why I was expecting a report last month, but I don´t know when it is actually due (but she told me it would have been ready last month and now she is not replying). As I told you, she probably owes me money, but at this point maybe it worths for me to wait a while until I am sure I can push her without "consequences" for me. Where do I find this rule that if I owe her money for 2018, she loses the right to charge me if she fails to bill before the end of this year? I think these rules are valid in the whole Germany, or can they be different in Bavaria?Will a register letter be valid or do I need anyway to join a mietverein? Before I was living in Bremen and every here my landlord was providing me with it every year...

 

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5 minutes ago, angychan said:

My contract started middle of October 2018

Okay, that's a different story then. It depends on when the settlement period is. If it is defined by the start of the rental, it would be October 2018-September 2019, but it's more likely that you'll have a shortened year settlement in the first year, because everyone's meters get read at the same time, for example.

 

In any case, if the settlement period in question includes any part of 2019, then she has until the end of 2020 to provide it to you. Pestering her about it will likely not be conducive to having a good landlord-tenant relationship.

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4 minutes ago, El Jeffo said:

Okay, that's a different story then. It depends on when the settlement period is. If it is defined by the start of the rental, it would be October 2018-September 2019, but it's more likely that you'll have a shortened year settlement in the first year, because everyone's meters get read at the same time, for example.

 

In any case, if the settlement period in question includes any part of 2019, then she has until the end of 2020 to provide it to you. Pestering her about it will likely not be conducive to having a good landlord-tenant relationship.

 

Hi, thanks. This is exactly what I wanted to know. So I will avoid asking her again and, in case, at beginning of 2021 I will push again. I want to avoid to create useless frictions if not necessary.

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