Landlord lacks justification if altering distribution keys for operational expenses without proper cause
In a recent ruling, the Local Court of Hanau has sided with a tenant in a dispute over operating cost distribution keys with their landlady. The landlady, who is the new owner of the property, had changed the distribution keys from the number of persons to living area without a valid reason, leading to a disagreement.
The court found the landlady's argument that determining the actual number of persons in the property was hardly possible and too inaccurate to be unconvincing. They also questioned why the same distribution key was not used for another position without problems. The former owner, it seems, was able to determine the distribution key at the time, but a change requires the consent of both parties.
The tenant, who was initially sued by the landlady for unpaid rent and additional claims from several operating cost statements, objected each time that the statements contained changed distribution keys, resulting in him bearing more costs. In response, the tenant calculated credits under the previous distribution key and legal fees for challenging incorrect statements. Some of these statements resulted in credits after deducting overcharges, which the tenant can offset against the landlady's remaining claims.
The court ruled that once a distribution key is established in the lease contract (in this case, based on the number of persons), it cannot be unilaterally changed by the landlord without the tenant's consent or a compelling reason. They also found the contractual clause allowing changes to be invalid where it conflicts with mandatory regulations. As a result, the court rejected the landlady's claim for additional payments based on the changed keys.
The judgment is not yet final, but the Local Court of Hanau has stated that a landlord can change the distribution key regarding operating costs exceptionally and only if they have a substantial reason. Exceptionally, a landlord can choose a different, appropriate distribution key if using the agreed one would be unbearable for them. However, the choice of a person-based key in the first statement is binding.
This ruling serves as a reminder to landlords and tenants alike about the importance of adhering to the terms of the lease contract and the potential consequences of breaching those terms. It also highlights the role of the court in upholding fairness and justice in such disputes.
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