This includes also a proper structure. But the Federal Supreme Court proving here more accomodating than in the past now in favour of lessors. A service charge settlement must be divided up not down to the smallest detail and peppered with unnecessary formalities. The summary of positions is allowed according to the judges in Karlsruhe, when the combined components linked together and have the same settlement – and capture scale. This approximately applies to the cost of property and liability insurance (judgment v.
16.09.2009, AZ.: VIII ZR 346/08) or the fresh – and waste water costs, if they are determined by a meter (v. 15.07.2009, AZ.: VIII ZR 340/08). Deadline for housing rent advance payments are agreed upon in the rental agreement, is an important deadline for the landlord: he has the tenant within twelve months after the end of the accounting period To inform payroll ( 556 para 3 BGB). The landlord lets the deadline pass, he can demand no costs by the tenant. The law only makes an exception, if he is not responsible for the delay. This deadline has the Federal Supreme Court (BGH) not only for the rental of living space (judgment v. 21.01.2009, AZ.: VIII ZR 107/08), but recognized as well as with the right of abode (judgment v. 25.09.2009, AZ.: V ZR 36/09).
Repayment of advance payments made no timely settlement of the landlord, the housing tenants is entitled to following claims: the tenancy continues, he has a right of retention in respect to the other operating costs of payments up to the amount of the missing billing and until the landlord makes the missing billing. Because only if it is him, the lessee can check whether and to what extent the prepayments were consumed. Terminates the tenancy, the tenant at missing operating expenses even is entitled all in the unbilled period to reclaim paid advance payments.