GermanyWhat If the Operating Cost Statement Is Late?
If the landlord sends the operating cost statement later than 12 months after the end of the billing period, they lose the right to charge any additional costs — unless the delay wasn’t their fault.
What the Law Says
German law sets a strict deadline for landlords to issue annual operating cost statements — and missing it has serious consequences for their ability to collect money from tenants.
Under § 556(3) of the German Civil Code (BGB), landlords must provide tenants with an annual operating cost statement no later than 12 months after the end of the billing period — usually the calendar year. This statement reconciles the tenant’s advance payments (Vorauszahlungen) with the actual costs incurred.
If the landlord misses this deadline, they generally forfeit the right to demand any additional payment (Nachforderung) from the tenant — even if the tenant underpaid. This is a hard legal cutoff, not just a guideline.
However, there is one narrow exception: the landlord may still claim additional costs if they can prove the delay was not their fault („es sei denn, der Vermieter hat die verspätete Geltendmachung nicht zu vertreten“). Examples might include delays caused by third parties beyond the landlord’s control — such as late data from a utility provider or a government agency — but not simple administrative oversight or internal delays.
Statutory TextDie Abrechnung ist dem Mieter spätestens bis zum Ablauf des zwölften Monats nach Ende des Abrechnungszeitraums mitzuteilen. Nach Ablauf dieser Frist ist die Geltendmachung einer Nachforderung durch den Vermieter ausgeschlossen, es sei denn, der Vermieter hat die verspätete Geltendmachung nicht zu vertreten.
— BGB § 556(3) — German Civil Code
What Courts Have Said
Germany’s highest civil court has clarified how strictly the 12-month deadline applies — including when tenants can object and what counts as 'not the landlord’s fault'.
The court confirmed that the 12-month deadline in § 556(3) also governs tenant objections about uneconomical operating costs — meaning tenants must raise such complaints within that same timeframe. It also ruled that economic efficiency doesn’t always require obtaining multiple quotes; instead, courts assess whether charged prices are objectively excessive.
What to Do
Check the date on the operating cost statement: confirm whether it arrived within 12 months after the end of the billing period (e.g., by 31 December 2025 for a 2024 statement).
If it arrived late and you haven’t received a valid explanation for why the landlord wasn’t at fault, you do not have to pay any additional amount — and can formally reject the claim in writing.
Keep copies of all statements and correspondence, and note the postmark or email timestamp to document the delivery date.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.