Vorauszahlung in English
Higher Nebenkosten advance payment: when can your landlord raise it?
Along with your utility bill comes a letter: from next month, your monthly payment for Nebenkosten goes up. Is that allowed, and how much? Here is the rule in German law, how to check the new amount, and when you can lower it instead.
By Phil Holthaus & Johann Slawski, founders of nebify — Nebenkostenabrechnungen checked by people and software.
Last updated October 27, 2026
Key facts at a glance
- Your landlord may adjust the advance payment after a statement, in text form, to an appropriate amount.
- Appropriate means about one twelfth of the costs in your last statement.
- Concrete expected increases may be added if explained. A flat safety margin may not.
- If the statement is wrong, the increase is not covered as far as it relies on the errors.
- You may also lower your advance payment after a statement with a large refund.
Already got your statement? Upload it to the free pre-check and see in 2 minutes whether the statement behind the increase looks right.
Start pre-checkShort answer
Your landlord in Germany may raise your Nebenkosten advance payment after a statement, in text form, to an appropriate amount: roughly one twelfth of your last year’s costs. Concrete, explained price increases may be added. A general surcharge “to be safe” may not. If the statement contains errors, the increase falls with them.
The rule in German law
„Sind Betriebskostenvorauszahlungen vereinbart worden, so kann jede Vertragspartei nach einer Abrechnung durch Erklärung in Textform eine Anpassung auf eine angemessene Höhe vornehmen.“In English: “If advance payments for operating costs have been agreed, either party may, after a statement, adjust them to an appropriate amount by a declaration in text form.”
After a statement
No statement, no adjustment. The increase must follow a statement for a past period.
In text form
A letter or an email is enough. A phone call is not.
Appropriate amount
Based on the costs in the last statement, divided by twelve.
Either party
You may adjust too, also downwards, if the statement shows a refund.
How to check the new amount
- 1
Take your total costs
From the last statement: all costs for your flat for the full year, before deducting your payments.
- 2
Divide by twelve
Example: €2,400 in costs per year means €200 per month is appropriate.
- 3
Compare
If your landlord asks for €220, that is 10 % more. Ask what concrete increase justifies it.
- 4
Check the statement
Items that are not allowed or too high also make the new amount too high.
Safety margins and expected price rises
The Federal Court of Justice decided that the last statement is the basis. A flat surcharge of 10 % without a concrete reason is not allowed (28 September 2011, VIII ZR 294/10). What may be added are increases that are concretely expected and explained, for example a new gas contract with a known higher price, or higher municipal fees that are already decided.
Ask your landlord in writing which concrete increase the higher amount is based on. If there is none, you only owe one twelfth of the last year’s costs.
Lowering your advance payment
After a statement with a large refund, you may lower the advance payment yourself (§ 560 (4) BGB). Write to your landlord, refer to the statement, and name the new amount: your total costs divided by twelve.
Lowering it too far only moves the money to next year’s back payment. If you expect higher costs, for example because energy prices are rising or you work from home more, a higher payment can make sense. Some landlords accept voluntary increases at any time.
Increase based on a statement you have not checked?
The new advance payment is only as right as the statement it is based on. If items in it are not allowed, you pay too much twice: now and every month. We check the statement and tell you in English what the right amount would be.
Before you accept a higher monthly payment, the statement behind it should be right. How a check of your Nebenkostenabrechnung in English works and what you need for it is explained step by step on our main page.
If you read German: our page Nebenkostenabrechnung prüfen lassen explains the same check in German.
FAQ: higher advance payment
Can my landlord raise my Nebenkosten advance payment?
Can my landlord add a safety margin?
Can I lower my advance payment?
What if the statement behind the increase is wrong?
Can my landlord raise a flat rate (Pauschale)?
Is your new monthly payment justified?
Upload your statement to the free pre-check. You see in English whether it holds up, and with it the higher advance payment.
Start free pre-checkNebenkostenabrechnung check in English
Money-back guarantee on the full check for residential tenants.
Legal note: This guide gives general information and is not legal advice on your individual case. Whether an item in your statement is actually not allowed depends on your rental contract and the facts of your case. For legal questions, a tenants' association (Mieterverein) or a lawyer specialising in tenancy law (Fachanwalt für Mietrecht) can help you.
More guides in English
- → Nachzahlung: do you really have to pay the back payment on your Nebenkosten?
- → Utility bill too high in Germany? How to tell if your Nebenkosten are wrong
- → Average utility costs in Germany: Nebenkosten per square meter and what is normal
- → How to object to your Nebenkostenabrechnung in Germany
- → Heating costs in Germany: how your Heizkostenabrechnung is split
- → Nebenkostenabrechnung check in English: how it works and what it costs