Objection to Operating Costs Statement
Sample "Widerspruch Betriebskostenabrechnung"
This letter is used to object to a utility bill that the tenant considers incorrect or inaccurate. The objection should clearly state the reasons for the complaint and can be made in accordance with legal deadlines. In German, this document is called "Widerspruch Betriebskostenabrechnung"
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Objection to the Operating Costs Statement
An objection to the operating costs statement is an important tool for tenants to clarify discrepancies in the billing of ancillary costs. Both in Germany and Austria, tenants have the right to review the statement and, if necessary, formally raise an objection. This article explains when an objection is advisable, what legal foundations exist, and what information is required.
When should an objection be made?
An objection to the operating costs statement should be considered if:
- the statement appears incorrect or contains unclear items,
- the statement was delivered late,
- the advance payments were not correctly taken into account.
Legal Foundations
In Germany, the Civil Code (BGB) regulates the rights of tenants regarding the operating costs statement. In Austria, the Tenancy Act (MRG) is decisive. Both legal systems grant tenants the right to file an objection within a certain period and to request access to the receipts.
Required Information for the Objection
A formal objection should contain the following information:
- full name and address of the tenant,
- address of the rental apartment,
- exact designation of the operating costs statement (date and billing period),
- specific points being contested,
- a deadline for resolving the matter.
A well-prepared objection can help clarify misunderstandings and, if necessary, bring about a correction of the statement. It is advisable to send the objection in writing and in a verifiable manner, for example, by registered mail, to the landlord.
FAQ
The first step is to carefully review the operating costs statement. Pay attention to possible errors or ambiguities. Note all points that seem questionable to you and gather evidence or documents that could support your concerns.
In Germany, tenants generally have 12 months to object after receiving the operating costs statement. In Austria, the objection should be made within a reasonable period, which is usually 3 months. It is advisable to raise the objection as early as possible.
Yes, the objection should be made in writing to have clear documentation. In your letter, you should precisely name the disputed points and justify your objections. Keep a copy of the letter and proof of dispatch.
Common errors in operating costs statements can include incorrect calculations, non-apportionable costs, or incorrect distribution keys. The absence of receipts or delayed delivery of the statement can also be reasons for an objection.
If the landlord does not respond to your objection, you should remind them in writing to process it. If there is still no response, you may consider taking legal action, such as involving a tenants’ association or a lawyer. In Austria, you can also contact the arbitration board.