Gross rent
The gross cold rent consists of the net cold rent (basic / cold net rent) and the cold ancillary costs (excluding heating and hot water costs ). It is specified in the rental agreement.
It defines the rent including all operating costs (such as chimney cleaning, insurance, cable TV, garden maintenance, elevator, garbage disposal, etc.). The only exceptions are heating and hot water costs.
If a gross cold rent has been agreed, the landlord does not have to and is not allowed to draw up an operating cost statement. Only a heating and hot water billing may be made.
Mixed forms of gross rent excluding heating and net excluding rent (partial inclusive rent) can also be contractually agreed.
Agreeing a gross rent without heating is an exception these days.
rent increase
The question of whether increases in ancillary costs can be passed on to the tenant through rent increases changed with the adoption of the provisions of the Rent Height Act in the BGB in 2001. While it was previously contractually agreed that increases in ancillary costs through rent increases are passed on to the tenant this is no longer possible since then. As a result of these changes in the law, rental contracts with gross rent were almost no longer concluded.
literature
- Hans-Jürgen Bieber: Tenancy and Tenancy Procedure Law, 6th edition, 2011, ISBN 9783648010372 , p. 124, online