Threatening financial collapse due to rising ancillary costs: That's what a Munich lawyer advises for the current gas crisis   

Created: 06/12/2022, 06:45

By: Andreas Thieme

From 2023 onwards, landlords will have to participate in the CO2 tax.

© Christian Ohde/Imago

Gas prices are skyrocketing.

But that's not all: Stadtwerke München has now also announced that it will double the price of electricity from January.

When does an objection make sense for tenants and what can they settle with the landlord now?

A lawyer gives important tips.

Munich - The increase in energy prices affects tenants in particular, and in particular tenants if they live in such an expensive city as Munich.

Many tenants are therefore currently wondering whether the landlord might have to bear part of the ancillary costs themselves or whether they can object to high ancillary cost bills.

The answer: "Since the heating and electricity costs for the landlord are transit items, which are billed according to the tenant's consumption, these are also to be borne in full by the tenant," explains attorney Alexander Walther from the law firm Mundigl and Klimesch in Munich .

An objection therefore “only makes sense if these costs are incorrectly calculated by the provider.

Although this may occur in individual cases, it is not the norm.”

Tenants would therefore have to reckon with a high additional payment in the next year and, if possible, make provisions for this.

"It can certainly make sense to ask the landlord to increase the ancillary cost advance payments accordingly so that the amount of the additional payment does not cause financial problems after the end of the billing period," advises Walther.

In this case, however, the tenant must ensure “that he does not increase the advance payments for ancillary costs so much that he can no longer pay them, since non-payment of the advance payments can constitute grounds for termination.”

Munich: Lawyer warns that failure to pay in advance can lead to termination

As long as there is no real support from politicians, tenants have no choice but to try to heat as little as possible and save electricity.

"If it becomes apparent that it will be difficult for the tenant to pay the additional costs, you should definitely talk to the landlord, for example to agree on a deferral or payment in installments," says Walther.

If an agreement with the tenant is not possible, it should be checked - if necessary with the involvement of a lawyer - whether state aid can be claimed.

"Extreme caution is required here," warns Walther.

Because if the tenant is in arrears with the ancillary cost advance payments or additional payments, there is a risk of termination without notice.

"With Vonovia, one of the largest commercial landlords has already announced that it will give notice of termination in these cases, despite the energy crisis."