Lawyer Alexander Bredereck, Berlin to costs accounting in commercial spaces: What deadlines apply here? For many years, we operate primarily focusing on labour and tenancy law as lawyers. We deepen this experience through regular training and constant technical exchange. So we can already settle possible points of contention when designing your contracts and your terms and conditions in its favour. Has in a recent decision of the Bundesgerichtshof (BGH, judgment of 27.1.2010 XII ZR 22/07) decided that in the commercial space leasing the period of 556 paragraph 3 sentence 3 BGB, stating that the landlord with claims costs order is excluded, if billing is not within one year after the end of the accounting period, does not apply. It follows that the lessor in principle also for longer historical periods can be still operating expense and the lessee thereof must equalize resulting additional tax amounts. Arises in the course of this decision the question which now limits for the settlement of costs in the commercial law of tenancy? First of all, it is to terminate the lease.
If there a specific billing period has been agreed, this shall apply. Is not agreed upon deadline, the landlord of the advance payments must settle within a reasonable period of time. The appropriate deadline regularly to the expiry of one year after the end of the billing period. What are the implications of a delayed billing in the commercial law of tenancy? A delayed billing does not cause that the landlord with an additional tax is excluded. The landlord defaults the settlement, the tenant can take to the landlord on a settlement claim (claim for settlement grant). He can also make the ongoing costs prepaid.
Tenant Tip: think about whether you take the landlord grant a settlement claim. This is regularly only makes sense if you expect credits from the operating expenses. Tip owners: If you too long with the operating expenses wait can forfeit claims on payment. If a period is agreed in the lease, you should meet the deadline anyway. Is not agreed upon deadline, you should make at least if you expect an additional within one year after the end of the accounting period the settlement. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin-Mitte. Polymath Willkomm lawyers Berlin-Charlottenburg: Kurfurstendamm 216 (corner of pheasant road), 10719 Berlin (Metro station Uhlandstrasse, suburban trains and Metro station Zoologischer Garten) Berlin-Mitte: Palais am Festungsgraben, 10117 Berlin, access via road under den Linden (rail and subway station Friedrichstrasse) Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin (Bahn Marzahn) Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: everything to the tenancy: