Too Late to Settle Utility Costs

A janitor put the utility cost settlement in all tenants’ mailboxes around 9 p.m. on January 2, 2006. For most of the tenants, this settlement turned out to be another bill. These tenants refused to pay the bill because ythey considered it came too late. The proprietor disagreed and considered the settlement to be on time. Who is right? What do you think?


This is an easy question for an attorney. §556 I 3 BGB stipulates that the prepayments for the apartment’s utility costs must be settled within twelve months after a year has ended – settlement period. Incase the landlord wants to demand additional payments this bill must come on time. Usually, December 31 suffices. However, December 31, 2005 was a Saturday and pursuant to §193 BGB, declarations cannot be effected on Saturdays and Sundays. Therefore, it would have been on time to hand in the settlements on Monday January 2, 2006.

Nevertheless, absent persons receive intentions, when they usually have the chance to notice this declaration. This now means the landlord has to follow normal times of postal services. The time you usually have the day’s mail in your mailbox at home is latest in the early afternoon. Since 9 p.m. is already pretty late in the evening, the landlord delivered the settlement too late.He could bill the tenants for additional payments anymore.

Incase you want something, do not forget to watch time restrictions. As just has been shown, they can easily not only hinder a claim but also cost money.

Published on the old CMS: 2007/2/3
Read on the old CMS till November 2008: 260 reads

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