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# Caretaker, winter service, snow clearing (recoverable from tenant)

Help on the Immodio entry item Caretaker, winter services, snow clearing (recoverable from tenant).

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Use this category for the **running and recoverable costs of a caretaker or caretaking service** and for the costs of winter services and clearing snow and ice at the selected property.

In law two types of operating cost are combined here:

* caretaker costs under Section 2 no. 14 BetrKV,
* winter services and snow clearing as non-public street cleaning measures under Section 2 no. 8 BetrKV.

Caretaker costs include the remuneration, the social security contributions and benefits in kind, as far as the activity does **not** serve administration, repair, maintenance, refurbishment, renewal or the carrying out of decorative repairs.

### What can be entered here?

#### Running caretaker costs

The following in particular can be entered here:

* the running remuneration of an employed caretaker,
* the employer's contributions and social security charges,
* benefits in kind valued comprehensibly,
* invoices from an external caretaking service,
* regular checking, tidying, cleaning and maintenance work,
* the running costs of winter services,
* labour costs for clearing snow and ice,
* grit used, such as chippings or permitted road salt,
* the travel and call-out costs of a winter service company.

With an external caretaking company, the contract and the invoice have to show which services are actually provided. A blanket description such as "caretaking service" is not sufficient for the internal check where it may also include repair or administrative work.

### Which caretaking activities are recoverable?

Recoverable activities can be in particular **routine work for the safety, order, cleaning and upkeep** of the communal areas.

This can include, for example:

* checking the communal corridors, stairwells, cellars and outdoor areas,
* checking that rescue and escape routes are kept clear,
* checking that house and cellar doors close properly,
* checking freely accessible drains on the property,
* checking that the lighting of communal areas works,
* routine visual checks of the building services,
* checking communal glass surfaces for identifiable hazards,
* monitoring compliance with the house rules,
* checking the stairwell cleaning,
* checking the winter service,
* cleaning communal areas,
* putting out and returning refuse bins,
* garden maintenance and looking after communal outdoor areas,
* clearing snow and ice.

### Winter services and snow clearing

Recoverable winter services can include in particular:

* clearing snow from pavements and accesses,
* removing snow from private paths used communally,
* gritting where there is snow and ice,
* repeated clearing or gritting,
* removing patches of ice,
* clearing accesses to refuse areas, garages or parking spaces,
* grit used,
* the costs of an engaged winter service company.

Which areas, times and grit are involved depends on the local rules, the nature of the property and the service assumed under the contract.

### The contractual requirement

Caretaker costs and the costs of non-public street cleaning measures are expressly listed in the Operating Costs Ordinance. With residential space an effective agreement under which the tenant bears the operating costs in accordance with the Operating Costs Ordinance is therefore generally sufficient, and this is implemented accordingly in the Immodio rental agreement.

Where the rental agreement instead lists only individual operating costs expressly, it has to be checked whether the caretaker and the winter service are covered by that list.

### Assignment

For the assignment select **"Property"** and then the building for which the caretaking or winter service costs were incurred.

The costs are assigned to the selected property and allocated to the associated tenancies as part of the operating cost statement.

Where no other effective allocation key was agreed, allocation in residential tenancies is generally according to the share of the living space.

### Splitting mixed caretaker contracts

Caretakers frequently perform both recoverable and non-recoverable activities. It should therefore be checked which share of the work actually relates to operating costs.

Where the contract contains the following tasks, for example:

* regular property checks,
* cleaning the stairwell,
* winter services,
* repairing minor damage,
* handovers of apartments,
* dealing with tenant enquiries,

only the shares for the regular checks, the cleaning and the winter service may be allocated to the tenants.

A blanket deduction, of five or ten per cent for non-recoverable activities for example, is not sufficient if the tenant disputes the statement. The landlord has to break down comprehensibly the actual activities and the time each of them takes. The burden of presentation and proof for the recoverable caretaker costs lies with the landlord.

The following are therefore helpful:

* a detailed schedule of services,
* records of work or activities,
* time records,
* a separate price breakdown,
* property-related service reports.

### When this category should not be used

The following in particular do not belong here:

* repairs and remedying faults,
* replacing defective components,
* maintenance and refurbishment work,
* renewal and modernisation measures.

{% hint style="info" %}
Maintenance and repair costs are not operating costs and have to be borne by the landlord.
{% endhint %}

### The caretaker's emergency service flat rates

A general emergency service flat rate under which the caretaker receives reports of faults such as burst water pipes, heating or power failures outside business hours and then organises repairs is **not** recoverable.

The Federal Court of Justice regards such general availability as an administrative activity. The fact that being contactable also benefits the tenants does not make it a recoverable operating cost service.

This has to be distinguished from emergency call facilities required by law or technically for particular installations, such as a lift. These belong in the category **"Lift maintenance (recoverable from tenant)"** and not to the general caretaker costs.

### Damage and exceptional call-outs

Costs arising because of specific damage or a defect are not recoverable simply because the caretaker carries out the work.

The following are not recoverable, for example:

* dealing with a burst pipe,
* repairing a defective door,
* replacing a lock,
* repairing a lighting system,
* sealing a leaking roof,
* repairing a damaged fence,
* dealing with storm damage.

Where a particular tenant caused damage culpably, there may be an individual claim for damages against that tenant. The costs may not, however, be allocated as caretaker costs to all tenants across the board.

### Where the landlord carries out the work themselves

Where the landlord carries out caretaking work or the winter service themselves, their own materials and work can in principle be applied at the amount a suitable third party would have charged for an equivalent service.

Notional VAT may **not** be applied where it did not actually arise.

The following should be documented:

* the date and duration of the work,
* the activities actually carried out,
* the areas looked after or cleared,
* grit used,
* the market comparison price used,
* the source of the comparison price.

### Economic efficiency and documents

With caretaking and winter service costs too, the landlord has to observe the requirement of economic efficiency. A particularly comprehensive or expensive contract can be justified, for instance because of a large plot, difficult accesses or high requirements for traffic safety. The scope and the price must, however, be in reasonable proportion to the service actually needed.

Keep in particular:

* the caretaking or winter service contract,
* a detailed schedule of services,
* invoices and proof of payment,
* records of activities and hours,
* payroll statements and employer costs,
* the split between recoverable and non-recoverable activities,
* clearing and gritting plans,
* records of winter service call-outs,
* the allocation where there are several buildings,

Tenants can ask to inspect the receipts underlying the operating cost statement.
