The lawyers inform Pach & Pach from Nuremberg on the 12.01. 2011 the Supreme Court concerning the permissibility was one in hindsight by the landlord made amendment of the incidental expenses accounting for premises (BGH VIII ZR 296/09). The Nuremberg firm Pach & Pach leasing specialists describe the foundations and implications of the ruling. The decision of the Federal Court of Justice was based on the revision sought of a tenant who contested the legality of a correction made by the landlord to his detriment on the service charge settlement for the year 2006. In all previous instances, his desire had already been rejected. The controversial situation is presented as follows: In July 2007, the defendant landlord had created an invoice for costs for the year 2006 from the credits of the tenant the amount of 185, 96 euros arose.
This settlement he brought the tenant agrees and they charged in August with the tenant account. In the aftermath of the landlord noticed that incorrectly heating oil amounting to 4613,32 euros not in the questionable costs calculation was incorporated. Then he created new, the Bill taking into account this circumstance which resulted in a tenant credit reduced to 138,08 euro for the year 2006. He charged the difference to the incorrectly calculated balances in December 2007 in turn with the tenant account, whereas the tenants moved to the BGH. The responsible among other things for the housing tenancy VIII. decided civil Senate of the Federal Supreme Court in the case in favor of the landlord. He ruled that it stands to BGB the landlord of housing on the basis of 556 para 3 sentence 2, to modify the service charge settlement within one year after the end of the billing cycle to the detriment of the lessee.
He would have this right even if on the basis of assumptions that turned out later as wrong, already an invoice was created and charged with the tenant account. That the landlord made a faulty clearing, justify no fault acknowledgement in turn, as a result, they would be legally binding. This decision of the BGH allows the landlord a subsequently successful, objectively justified correction of bills of costs within the annual period of 556 para 3 sentence 2 BGB. Is the period elapsed, also incorrectly created settlements become legally binding and may be changed only if the landlord has not represented the cause of change. Through the legal clarification on the reversibility of incidental expenses accounting, the Federal Supreme Court creates legal certainty for both landlord and tenant. Both parties of the contract now know at what point they to go out have the legally binding nature of a utility bill. Tenant or landlord feel unsure regarding the legal admissibility of a specific service charge settlement, is to advise them to consult specialist anwaltlich. The Nuremberg firm Pach & Pach leasing specialists are available anytime for this concern.