Tenants must pay for monitoring the correct separation of waste. This is the result of a ruling by the Federal Court of Justice (BGH; AZ: ZR 117/21). In the case in question, a residential real estate company in Berlin had passed on the costs of waste separation and smoke detector maintenance to its tenants. The tenants objected to the statement of operating costs and demanded repayment.
The BGH ruled that the costs for the so-called "bin management" and the maintenance of smoke alarms may be legally allocated to the tenants as operating costs. These costs are therefore apportionable in accordance with Section 2 No. 8 BetrKV as costs for waste disposal and for the maintenance of smoke alarms.
The decision makes it clear that costs incurred as a result of legally prescribed measures or services such as waste inspections must be borne by the tenants. This also applies if the corresponding obligations were only introduced by new regulations after the contract was concluded.
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