Operating costs agreement

The levying of operating costs on the tenant requires an effective contractual agreement between landlord and tenant. The agreement must be sufficiently precise, that is to say, it is not enough for the parties to agree that the renter carries "the (usual) ancillary costs of the dwelling".
The cost types to be carried must be listed in detail.

The agreement of an allocation key is not required. If it is missing in the contract, then the cost of housing has to be apportioned according to the BGB according to the living space, ie according to the share of the living space of the apartments of the entire living space of the property. If the parties have agreed on a different allocation key, this shall apply in principle.
However, something else applies if devices for measuring consumption (eg water meters) are available. In this case, consumption must be billed, regardless of the contractual agreement.

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