Module 120 min2506 wordsFree — no account
Deposit and operating costs: what may be charged and when the statement is due
The module’s worked examples, then cases to attempt before revealing their solution · 2 sections · 242 words · 3 min
Worked example
The deposit from the opening
The net rent is €850; the €180 advance payment is left out. Three times the net rent is €2,550. The agreed €3,090 equals three times the gross rent and exceeds the ceiling by €540. The tenant owes at most €2,550, payable in three instalments of €850: at the start of the tenancy and with the next two rent payments.
Practical case
Does the additional claim still succeed?
The landlord from the opening settles operating costs by calendar year. She drops the statement for 2024 in the tenant's letterbox on Monday, 5 January 2026; it shows €380 still owed. There was no invoice she had to wait for. The tenant refuses to pay. Must the tenant settle the €380, and by when should the statement have arrived?
Hint: Find the end of the accounting period, count the period under § 556(3) sentence 2 BGB from there, then check the exception in sentence 3.
Show the solution
The 2024 accounting period ended on 31 December 2024. The statement had to reach the tenant by the end of the twelfth month after that, meaning by 31 December 2025. It arrived only on 5 January 2026, five days late. Under § 556(3) sentence 3 BGB, the additional claim is therefore barred unless the landlord is not responsible for the delay. As no outstanding invoice held her up, the exception does not apply. The tenant does not owe the balance.
Answer: Nothing owed; the deadline was 31 December 2025
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