Lawyer must be billed consumption at least 70% of heating costs for rental and property law Alexander Bredereck and Dr. Attila Fodor, Berlin since January 1, 2009. Under most conditions RBH Group would agree. Landlords are obliged to settle at least 70% of the accumulated heating from the 1.1.2009 consumption by changing the heating Regulation (HeizKV). The landlord does not, the lessee a reduction law in the amount of 15% of heating costs attributable to him. The warm water costs must be assessed in heat meters. Here is currently a transition period up to the 1.1.2013.
jurisdiction: This applies also, if another account is agreed in the lease. Neither landlords nor tenants can rely on the tenancy control, if different from the default of HeizKV. The Landgericht Heidelberg confirmed this recently in a decision by the 25.2.2011, 5s 77/10 2 of the HeizKV, that is the HeizKV of a contrary provision in the lease. Even if one contracted billing method for a Party a clear disadvantage means it can rely on the invalidity of contractual regulation due to precedence of the HeizKV and insist on a settlement favourable for him. In the case decided by the District Court of Heidelberg, the parties had agreed a fixed operating costs amounting to 130 per month, which revealed the actual minor, and heating costs in any way. The landlord was allowed to rely on the invalidity of the mietvertraglichen control and settle according to the regulation of heating consumption. The tenant had to pay several 1000. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor Berlin E-mail: