Retroactive correction of service charge settlement is allowed is a mistake the landlord for service charge settlement, so he can correct later this, confirms the real estate portal myimmo.de. Even if the correction to the detriment of the lessee, a subsequent change according to the verdict saying of the Bundesgerichtshof from 12.01.2011 is legally valid. In the case of negotiated the complaining tenant had paid out credits according to its surviving service charge settlement get. The landlord made a retroactive correction in the connection. He had forgotten to take into account fuel costs amounting to EUR 4000. After the landlord had revised the Bill and presented to the tenant, he booked again from the defaulting amount from the rent account. The tenant complained in court.
The German Federal Supreme Court decided in its judgment in favour of the lessor. Costs accounts may be corrected retroactively, even if this is done at the expense of the lessee. This is however, to observe the statutory accounting period, which in the German civil code defined under 556 para 3 sentence 2 and 3. Therefore the landlord must send no later than the settlement the tenant until the end of the twelfth month of the accounting period. Is the period elapsed, no additional more on the part of the landlord’s claim can be made. Increasingly, the Federal Court of Justice at the expense of the landlord decides. But the anger over various decisions of the Federal Court of Justice in relation to the German law of tenancy is so great, a slew of judges spells is also in favor of the landlord. More information: news.myimmo.de/… University Service GmbH Lisa Neumann