Hallo,
Ich lebe jetzt seit ein paar Jahren in Deutschland (als Niederländisch) und habe jeden Moment davon geliebt. Ich miete eine Wohnung in einem Gebäude mit 6-Apartment. Jede Wohnung hat einen eigenen Besitzer. Meine Beziehung zu meinem Vermieter ist gut.
Vor kurzem habe ich die Anfrage erhalten, eine zusätzliche Geldsumme für unbezahlte Geldsumme zu zahlen "nebenkosten".
Es scheint, dass ein allgemeines Fenster des Gebäudes ersetzt wurde. Meine Frage an Sie ist, kann der Vermieter diese Kosten für mich weitergeben, oder ist dies ihre Verantwortung als Mitinhaber des Gebäudes?
Es sind nur 67 Euro, also kein großer Deal, aber ich möchte nicht zu viel überbezahlt.
Vielen Dank!
https://i.redd.it/fxcnoj1xf2rf1.png
Von gimme-wrinkles
7 Kommentare
316,05 is the amount you owe and yes. Splitting the costs for repairing the window is legit if it was MAINTAINED it is not legit if it was REPLACED in total (Renovierungsarbeiten vs Sanierungsmaßnahmen). To be 100% sure we need to know what happened to the window.
Edit: more specific
PM: Since the landlord only wrights „Window Entry“ and not „maintenance“ or something like this I am quite sure they give it a try and see who complains. I would simply ask.
PPM: as some people mentioned the Nebenkostenabrechnunh lacks transparency in general. You don’t pay for the „Putzfrau“ you pay for the „cleaning of shared space“. For me it seems more like a private person renting out apartments, not a company? Before throwing a huge tantrum I would rather go for a talk if that’s the case. Not every landlord is a greedy Grinch 🤣
As far as I know your landlord should not be allowed to do that. Furthermore I understand, that wanting to keep a good relationship with your landlord is vital but you are entitled to get a detailed look at the costs and how they result.
Maybe approach your landlord in person and try to be understanding/careful.
Make it to r/legaladvicegermany for people who actually fully know what they are talking about.
Yes, all additional costs (incl some insurances) can be distributed to the tenants as Nebenkosten. This says a total amount of 1756,05€ Nebenkosten were distributed to you for the year. Of this you already paid 1440€ with monthly prepayments, which means you still owe 316,05€.
Without knowing the specific circumstances of the window replacement. But this seems sth. like the Landlord must pay from his own pocket – thats what you are paying rent for.
Also this Nebenkosnteabrechung lacks a lot of formalities for transperancy.
If the window was replaced, they can’t pass on the costs to you. But in the picture Nebenkostenabrechnung you posted, the item „Fenster Eingang“ is a little vague. Maybe they had a window cleaning service for that window in (especially if it is a big one, a „normal“ cleaning lady might not be equipped to deal with it)?
Do you know for sure that this item is about a window replacement?
In any case you have the right to see the receipts for each item on the Abrechnung and I would just ask her to show them to you, to have clarity.
Landlords are not allowed to pass on the cost of repairs to tenants, because that’s covered in the rent.
It’s up to you whether you want to open a potential conflict with your landlord over ~60 yoyos.
Only maintenance costs and operating costs can be included in the Betriebskosten (also often called Nebenkosten).
Costs of repairs or replacements cannot be included.
Even with maintenance costs, only the part for the actual maintenance service plus smaller expendable spare parts can be included. If during the maintenance it turns out that additional, non expendable or more expensive spare parts are needed to repair a problem, then these spare parts (and any other additional costs for the repair) cannot be included. For example, in your list „Reinigung Heizung“ is probably OK, as cleaning the furnace is maintenance. But if during that cleaning it turns out that something is broken and must be replaced, that would then be a repair and no longer maintenance.
In your case, I would dispute the cost for the window repair, unless the landlord explains how that is maintenance and not a repair.
Side note: if every apartment has its own owner, then this Eigentümergemeinschaft most likely has a Hausverwaltung that creates a yearly accounting for the owners. Obviously, all costs of all types are included in this accounting for the owner. But not all of these costs are costs that can be billed to the tenant. The landlord has to remove the costs from the list that are not applicable as Betriebskosten. Your landlord may have made an honest mistake in this case (but of course, they may also be well aware of this and are just giving it a try, to see if they can get you to pay without complaint).