November 13, 2022, 10:37 am | Read time: 2 minutes
The landlord is entitled to check whether tenants are sorting their trash correctly. This is called “container management.” According to a ruling by the Federal Court of Justice, the landlord can even pass these costs on to the tenant.
If a landlord has the correct waste separation checked by a service provider, they may pass the costs on to the tenants. This is according to a published ruling by the Federal Court of Justice (BGH).
Costs for Waste Separation Can Be Passed on to Tenants
Tenants from Berlin filed a lawsuit because they were supposed to pay a little more than twelve euros in 2018 for this “container management.” The service provider was tasked with regularly checking the residual waste bins of the complex with around 100 apartments and manually sorting incorrectly disposed waste if necessary.
According to the BGH, this service falls under “waste disposal”–and the costs for it can be passed on to the tenants according to the Operating Costs Ordinance. The specific service is not explicitly mentioned in the ordinance, according to the ruling from October 5. However, the term “waste disposal” is to be interpreted broadly. The fact that the service provider was only hired because some tenants did not follow the rules for waste separation was irrelevant to the senior civil judges in Karlsruhe.
Related: Trash Can Full–Can You Just Place the Waste Next to It?
Landlords Can Also Pass on Other Costs
The dispute also involved costs for the regular inspection of smoke detectors. These may also be passed on to the tenants, as the judges decided. (Case No. VIII ZR 117/21)
Operating costs are, according to the ordinance, costs that the owner incurs “through the intended use of the building, outbuildings, facilities, and the property on an ongoing basis.” Costs for administration and maintenance are not included.
with material from dpa