Gross heating rent
In the case of leases over living space ( §§ 549 ff. BGB ), the term gross warm rent is used. Occasionally there is only talk of warm rent ( Section 42 No. 4 SGB XII ). In general, the gross heating rent is seen as rent including charges, surcharges and remuneration ( Section 9 (1) WogG ). According to case law, it is composed of the net or basic rent , i.e. the amount that has to be paid for the mere provision of an apartment, and the operating costs incurred through the use of the leased property (e.g. water, garbage disposal) or through the Ownership of the property (e.g. property tax , insurance) arise and which are transferred proportionally by the landlord to the tenant. In contrast to the gross rent without heating, the gross rent includes heating and hot water, as well as other items from Section 9 (2) WogG and the BetrKV .
According to a ruling by the Federal Court of Justice, a rental agreement on living space that stipulates a gross heating rent as a flat-rate inclusive rent is not permitted, since such an agreement contradicts the heating costs ordinance, which obliges a homeowner to bill the heating costs based on consumption. The purpose of this regulation is to influence consumer behavior in space heating and hot water consumption with the aim of saving energy. This would be prevented by setting a gross heating rent that does not take actual consumption into account.
In the commercial lease, the partial term gross rent is used in connection with sales tax .
Individual evidence
- ↑ see rulings on tenancy law
- ↑ Legal dictionary.de
- ^ BGH, judgment of July 19, 2006, Az. VIII ZR 212/05, full text
