Announcement first, then final payment of additional costs: Tenants will receive mail from property management companies in the next few days and months. Many tenants are at risk of a cost shock, especially those who have already paid less than their actual cost. Even those who aren’t experts in rental law can use a few tricks to avoid unfair claims and additional payments, as Blick TV presenter Sylwina Spiess (33) gets.
Look closely, it’s worth it. Blick has compiled tips and advice from the experts.
These are, for example, heating costs, water consumption and garbage collection costs. “According to the law, all ancillary costs associated with the use of the rental property,” says Laurent Bühler, 54, real estate law specialist at Axa’s subsidiary Arag legal protection insurance.
Costs that the landlord is not allowed to pass on to me.
These are, for example, building insurance premiums or repair and maintenance costs. “The landlady should not turn it over to tenants to fix the heater or repaint the stairwell,” says Alexandra Pestalozzi, a lawyer in Arag.
Tenants should first compare the service fee statement with the lease agreement. If there are items in the statement that are not included in the lease agreement, they do not need to be paid. Example: Invoice items such as heating costs and water consumption should be clearly stated as ancillary expenses in the rental agreement. It is also practical to have side cost tables for previous years. Above-average cost increases are quickly noticed in comparison.
Many tenants pay a fixed monthly amount for additional costs along with the rent. If these so-called account payments are less than the actual costs, the tenant has to pay them back.
Be sure to check the billing period.
Ancillary cost invoices sent in the last weeks and months are generally valid for the period between July 2021 and June 2022. Therefore, some of the costs relate to the period before the outbreak of the Ukrainian war, when the heating was not yet much. expensive. Prices have only been increasing since the beginning of the year.
The landlord must grant access to receipts for ancillary charges. In this way, the tenant can check whether the increase in costs is justified. “The distribution key is also worth a look,” Bühler says. Heating and ancillary costs should be allocated to all rental objects in a property using a clear distribution key.
According to legal experts, general formulations have no place in an ancillary cost statement. Vague terms such as “general operating costs” are not allowed. Landlords must fully describe costs and provide evidence upon request. Unless the property manager does this, the tenant does not have to pay either.
Talking to each other can avoid litigation. “Find the speech first. This is the easiest way to clear mistakes or misunderstandings,” says expert Pestalozzi. As a first step, management or landlords can be contacted by phone or email – it doesn’t always have to be registered mail.
Experts advise not to procrastinate. It is advantageous for the tenant to act within 30 days of receiving the invoice. However, there is no statutory period. Tenants can consult a tenancy law professional if disagreements arise despite attempts to clarify.
Avoid cost shock with higher down payment.
For the coming year, many tenants are wondering if they need to increase payments due to additional costs. The Swiss Tenants Association (MV) recommends saving. “I advise tenants to save money for rising energy prices,” says President Carlo Sommaruga, 63. “However, it doesn’t necessarily have to be in the form of an increase in the payment in the account.” Everyone can decide for himself how to put the money aside. If you are disciplined enough, you can also transfer the amount to a special savings account. Otherwise, Sommaruga recommends increasing the payments on the account. MV recommends that residents of a 4½-room apartment pay about 100 francs more per month.