How to dispute your ancillary fee statement

Tenants receive ancillary fee statements every year, and they can sometimes be surprisingly high. If this is the case, it’s worth taking a closer look and, if necessary, contesting the ancillary fee statement. Possible errors in ancillary fee statements include inaccurate distribution formulae, incorrect meter readings and impermissible cost types.

What counts as ancillary fees?

Article 257a Para. 1 of the Code of Obligations legally defines ancillary fees as fees that tenants pay to the landlord in relation to the use of the rental property. Simply put, these are usually various consumption and cleaning costs relating to the rented apartment or house. 

Important: in principle, such ancillary fees may only include actual expenses incurred by the landlord. These must be itemised in the rental agreement, otherwise, you can dispute them. Typical ancillary fees that appear in most rental agreements include heating and hot water costs and caretaker fees. However, there are many more possible ancillary fees such as building and stairwell cleaning costs, lift maintenance and electricity costs and electricity costs for communal spaces. Costs that are not explicitly stated in the rental agreement cannot generally be claimed in the ancillary fee statement.

Useful information and tips on ancillary fees billing

The landlord must send tenants an unsolicited statement of ancillary fees as specified in the rental agreement every year. This includes a detailed list of the ancillary fees charged. If you feel that the ancillary fee statement is incorrect, you can dispute the calculation.

Received your ancillary fee statement – what now? 

Take the following steps if you feel that something’s not right with your ancillary fee statement:

1. Carefully check the individual items and compare the current ancillary fee statement with previous years’ statements. Also check that the meter numbers and readings are correct.
   
   
2. Compare the statement with the ancillary fees specified in your rental agreement.
   
   
3. If the statement contains errors to your detriment, report them to the landlord immediately and request a corrected bill. This should always be done in writing and sent by registered mail. This method of delivery gives you proof of receipt, which you should keep for your records. 
   
   
4. If the landlord does not respond to or rejects your objections, you can submit a request for arbitration to the relevant arbitration board. You will not be charged for this. 
   
   
5. It can also be helpful to seek legal advice from someone with experience in tenancy law.

Disputing an ancillary fee statement: downloadable template 

You can use our practical template if you would like to dispute your ancillary fee statement. Simply download it and enter your personal details. Make sure to list any items on which you require additional clarification from the landlord or which corrections you are requesting in the template. This takes just a few minutes, and everything you need to know is included in our template. 

Disputing ancillary fees: what are the time limits?

Does your rental agreement set a deadline for disputing ancillary fees, or have you discovered an error in an eight-year-old statement while sorting through old papers? In both cases, you are still free to assert your rights. Even if you have already paid ancillary fees by mistake, you can reclaim the amount paid in error up to three years after becoming aware of the error or at the latest within ten years. 

Disputing an ancillary fee statement retroactively

The landlord can generally only claim ancillary fees up to five years after the billing period. After that, the claim is time-barred. Tenants can retrospectively reclaim sums from incorrect statements in favour of the landlord for up to ten years.  This means you can retroactively contest your ancillary fee statement even after many years. If your rental agreement specifies a different claim deadline, this is generally not valid.