Back payment (operating costs)

A service charge adjustment arises when the monthly advance payments made by the tenant do not cover the actual service charges incurred. This is based on the annual service charge statement, which the landlord must provide no later than twelve months after the end of the billing period. If the actual costs exceed the advance payments, the landlord is entitled to a supplementary payment; if the statement shows a lower amount, the tenant receives a credit.

Legal Basis and Deadlines

The operating cost statement is governed by § 556 of the German Civil Code (BGB). The so-called billing period is crucial: The landlord must prepare the statement within twelve months after the end of the billing period and deliver it to the tenant. If this deadline is missed, the landlord loses their right to a supplementary payment-they may no longer claim the additional costs. The tenant, on the other hand, retains their right to any credit balance even after the deadline has passed.

The additional payment is generally due within 30 days of receipt of the statement, unless another deadline has been agreed upon. Tenants have the right to request access to the supporting documents and to review the statement within twelve months. The right to inspect supporting documents is an important safeguard against excessive or erroneous statements.

Allocable and non-allocable operating costs

Not all costs incurred by the landlord may be passed on to the tenant. The Operating Costs Ordinance (BetrKV) provides an exhaustive list of apportionable items-including heating costs, hot water, property tax, waste disposal, building cleaning, insurance, and janitorial costs. In contrast, administrative costs, maintenance reserves, and repair costs are not apportionable.

If a statement includes non-pass-through items or contains incorrect allocation keys, the tenant may object to these items. In this case, it is advisable to submit a written complaint setting a deadline. Tenants who do not raise objections within twelve months of receiving the statement lose the right to challenge the statement’s contents-although payment may be made subject to reservation.

Common Sources of Error and Tenant Rights

Typical errors in operating cost statements include: incorrect allocation keys, missing or insufficient total cost information, billing based on criteria not actually agreed upon, and the inclusion of non-apportionable items. Tenants may object to an erroneous statement and, if there is reasonable suspicion, request access to supporting documents.

However, simply raising an objection does not entitle the tenant to permanently withhold the additional payment-the tenant should, if necessary, pay under reservation and initiate a review at the same time. Anyone who fails to pay without justification risks the landlord filing a lawsuit for payment and, if necessary, terminating the lease after issuing a warning.

Additional Operating Cost Payments and Tenant Changes

A special situation arises when there is a change of tenant: Who is liable for additional payments from the billing period that partially fell under a different tenant’s tenancy? In principle, the tenant who is still the tenant at the time of billing is obligated to pay. Advance payments made by a previous tenant are taken into account in the final settlement. When a tenant moves out, landlords should document any foreseeable risks of additional payments in the handover report.

Adjusting Advance Payments: Recommendation for Landlords

High additional utility cost payments often arise because advance payments have not been adjusted for years. Especially when energy prices have risen sharply, additional payments can hit tenants hard. Landlords have the right to adjust the advance payment amount after each annual settlement-and we recommend making use of this right to avoid unexpected cost spikes.

Practical tip for property owners in Nuremberg and Franconia

In the Nuremberg metropolitan region, operating costs have risen significantly in recent years-primarily due to increased energy prices and higher property taxes. We recommend that landlords regularly adjust their advance payments to reflect actual costs to avoid high additional payment demands that can put tenants in financial difficulty.

Well-maintained, transparent billing strengthens the relationship of trust and reduces the risk of disputes. We’d be happy to help you select a professional property management company in the region that prepares operating cost statements routinely and in compliance with the law.

Frequently Asked Questions

When does the claim for additional operating costs expire?

The claim for additional payments expires after three years, starting from the end of the year in which the statement was received by the tenant. The twelve-month billing period must be considered separately: If this deadline is missed, the right to claim additional payments is forfeited entirely.

Can the landlord retroactively demand higher operating costs?

Only as part of the annual operating cost statement and within the billing period. A retroactive increase outside of the statement is not possible. If the landlord fails to issue the statement in the year it is due, they are barred from making additional claims.

What should I do if I believe a retroactive payment is unjustified?

Tenants should file a written objection to the statement and specifically outline which items they believe are incorrect. It is also advisable to seek advice from the Tenants’ Association, which has competent representatives in Nuremberg and the surrounding region.

Can the landlord increase the advance payments after a large additional payment?

Yes. After each annual statement, the landlord has the right to adjust the monthly advance payments-either upward or downward. The increase must be announced in writing and based on the actual costs from the previous year. An arbitrary increase is not permitted.

What are the typical utility costs to expect in Nuremberg?

As a guide for landlords and tenants in the Nuremberg metropolitan area: In 2025, total utility costs (service charges) for an apartment ranged from 2.50 to 4.50 euros per square meter per month, depending on the apartment’s features and heating type. Of this amount, heating and hot water typically account for 1.00 to 2.00 euros/m²-depending on whether district heating (as provided by N-ERGIE throughout the Nuremberg metropolitan area), a gas boiler, or a heat pump is used. Property tax, building insurance, and waste disposal add another 1.00 to 1.50 euros per square meter. In apartment buildings with an elevator, underground parking, and a building superintendent, the total ancillary costs are higher than in buildings with basic amenities. Landlords should use these guidelines as a basis for setting realistic advance payments to avoid unnecessary risks of having to collect additional payments later.

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