The tenant of a one-bedroom apartment in a student dormitory in Cologne was to vacate and surrender his apartment by April 30, 2017. In a letter dated April 27, 2017, he asked the landlord to postpone the eviction deadline and to extend the tenancy. The landlord extended the lease until the end of June 2017 on the condition that the tenant pay a monthly occupancy fee and the outstanding electricity and water bills. The tenant accepted the offer and confirmed it in writing.
However, after moving out of the apartment in July 2017, the tenant refused to pay the outstanding amount. In addition, he sued the landlord to repay the deposit payment made in the amount of 378.91 euros, including interest on arrears. However, from the landlord's point of view, the student owed him 1,885.82 euros. This amount consisted of the payment of the compensation for use and the outstanding electricity and water bills totaling 1,588.46 euros, as well as 365.44 euros from the final invoice for electricity, water and meter rental costs dated July 4, 2017, and 310.83 euros from the eviction costs incurred. The landlord offset the outstanding amount against the security deposit.
Both the lawsuit and the appeal were unsuccessful (AZ VIII ZR 230/19). The tenant complained that the statement of operating costs did not comply with the formal requirements pursuant to Section 556 (3) BGB and was therefore invalid. According to the ruling of the Federal Court of Justice (BGH), however, the written agreement concluded in advance by the two contracting parties on the outstanding operating costs is decisive and effective. After deduction of a partial amount on the final invoice as well as on a part of the eviction costs, the plaintiff is obliged to pay an amount of 1,274.55 euros plus interest.
Source: BGH
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