Advance payments are most common today in tenancy law – as prepayments for expected operating costs
such as caretaker services, cleaning, electricity, waste disposal, gardening, winter services, and much more.
After the agreed advance payment period has expired, the actual costs are settled, with any credit refunded or additional
payment requested.
Unfortunately, it is not unusual today that service charges – and therefore the advance payments due – have become a
kind of "second rent", as a large portion of the statements do not comply with legal requirements or are simply incorrect.
Even if the monthly amounts seem small, over the course of a year or the entire rental period these can add up to
considerable sums that tenants may not have been obliged to pay at all.
Advance payments are also found in many other areas of everyday life – namely as general prepayments.
For example, almost everyone is familiar with advance payments for gas or electricity – but also construction
contracts and building society savings contracts often use the term advance payment.
As a lawyer specialized in tenancy law in Munich, I can provide you with an initial personal and detailed consultation, offering a first opinion on the accuracy of your service charge statement and advance payment. We check whether inadmissible costs have been charged, whether the amount is proportionate, and whether the legal requirements for advance payments are met. Disputes over service charges and advance payments often lead to tense relationships between tenant and landlord. An experienced legal advisor can help de-escalate early on while still ensuring your rights are protected.
Contact us for an initial consultation – in person, by phone, or via video call.
Permissible service charges in a tenancy agreement, which may also be collected through advance payments, include for example:
A closer look at service charges and advance payments almost always pays off. Get legal advice before conflicts arise.
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