Hi there !
My question regards the delay for an owner to claim to his tenant the rent indexation and the utility (Nebenkosten) adjustments.
And vice versa, what is the delay for the tenant to claim to his owner some money back, for example for overpaid rent and utilities.
What says the German law ?
For example, at the present case :
- the rental contract stipulates that each 3 years, an increase of 60 euros/month will be applied; the tenant did not adjust the rent, and the owner did not claim for this increase since 7 years. How many years back the owner can claim the additional rent to the tenant ?
-the utility adjustments (Betriebskosten-Abrechnung ) show a balance in the favor of the tenant during 10 years, but the tenant did not pay attention to it : How many years back the tenant can claim for the overpaid utilities to his owner ?
Thanks to everybody to help !
Best regards,
Lilelo
ps/ you may say -and rightly so :-) that both the tenant and the landlord are quite careless in this case... but that's not the point.