June 30, 2023, 3:25 pm | Read time: 3 minutes
The term “operating costs” is likely familiar to everyone. But what exactly falls under these costs, and what does not? In this article, myHOMEBOOK real estate expert Christopher Hnida offers important tips to help you handle the topic of operating costs with confidence.
Operating costs in the context of a rental agreement refer to the 17 types of costs defined in the Operating Costs Ordinance (BetrKV). Generally, all costs incurred by the owner in managing the property are considered operating costs. However, there are also costs that landlords are not allowed to pass on to tenants.
Which Operating Costs Do Tenants Not Have to Pay?
Administrative costs are clearly excluded from rental operating costs. This includes postage and telephone costs. Additionally, costs arising from contributions to a maintenance reserve are not considered operating costs. Similarly, account fees or acquisition costs, such as financing interest, cannot be passed on to the tenant.
When Must Tenants Receive a Statement?
For rental agreements where a monthly advance payment of operating costs is agreed upon, landlords are required to provide a statement within 12 months after the end of the billing period. Simply put, the statement for 2022 must be in the mailbox by December 31, 2023, at the latest. If the tenant does not receive the statement within this period, they are not required to pay any additional charges but still have a right to a credit.
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What Happens if the Landlord Does Not Provide a Statement?
If a rental agreement includes an advance payment of operating costs, tenants have the right to a proper statement. If the landlord refuses to provide this, tenants have the option to withhold the advance payment until they receive the appropriate statement.
What Information Must Be Included in an Operating Costs Statement?
There are clear regulations regarding the information that must be included in an operating costs statement. At a minimum, it must contain:
- Identification of the apartment being billed
- Billing period
- Date of creation
- Identification of the creator
- Details of the allocation keys
- Total costs and tenant’s share
- Deduction of advance payments made
If these details are missing or incorrect, the operating costs statement may not be valid. The statement must be structured in such a way that it is understandable for a tenant without legal or economic training.
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What Happens if the Tenant Does Not Make an Additional Payment?
Anyone who is at least two months behind on rent can be evicted. It does not matter whether the arrears are due to an operating costs statement. The landlord also has the option to initiate a garnishment procedure. If a tenant cannot make their additional operating cost payment, they should contact the landlord to find a solution.
Conclusion
There is certainly a lot to consider when it comes to operating costs. As a tenant, it is advisable to have the statement reviewed by a tenants’ association or consumer protection agency. For landlords, it is important to have a professional on hand to create a proper and comprehensible statement for all parties involved.