Operating costs for commercial rents and leases 2024/2025

Current case law

Effective allocation of operating costs to commercial tenants - optimization of contractual agreements

• Allocable operating costs according to § 2 BVO, maintenance costs, administration costs, center management, other important property-related ancillary costs, differentiation between maintenance/repair costs vs. operating costs, determining and agreeing the correct billing key, e.g. area scale according to DIN 277, limits of the contractual agreement.

Prepare the operating cost statement in an audit-proof manner

• Designing the settlement package in the correct form and on time, items, contents, structure, liability of the settlement balance, consequences of the VAT option, special case: vacancy.
• Time of billing and tenants' leverage in the event of missing billing.
• Understand and analyze heating cost billing.
• Options for tenants and landlords to correct their bills.

Special features of operating cost accounting for mixed-use properties and special forms of occupancy

• User group formation, sales tax.

Claim for subsequent payment and counter-strategies

• Formal requirements, due date, preclusive periods, statute of limitations, etc.

Rights and claims of commercial tenants

• Right of inspection and document review, right to withhold current advance payments of operating costs, repayment claim, enforcement of claims, time limits, statute of limitations, etc.