> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10091100-muellabfuhr-muellbeseitigung-abfall-umgelegt-auf-mieter.md). # Refuse collection and waste disposal (recoverable from tenant) Help on the Immodio entry item Waste collection, waste disposal, refuse (recoverable from tenant).
Use this category for the **running costs of waste disposal for the selected property**. These include in particular municipal refuse charges, comparable services from private disposal companies and certain running costs for communal waste facilities and property-related refuse management. The costs of refuse disposal are expressly listed as operating costs in Section 2 no. 8 BetrKV. Allocating them requires the rental agreement effectively to oblige the tenant to bear the operating costs, which is the case in the Immodio rental agreement. ### What can be entered here? #### Public refuse charges Enter here in particular the running costs shown in the charge notice from the municipal waste disposal body, for example: * basic and container charges, * charges for the regular collection of residual waste, * charges for organic waste, * charges for paper or other waste containers, as far as these are actually levied, * charges for additional or special emptying, * running charges for providing and emptying the waste containers, * other running disposal charges according to the waste charge notice. {% hint style="info" %} Which containers, services and price components are charged depends on the local waste and charging statute. Take the actual amounts and the applicable charging period from the notice. {% endhint %} #### Private disposal services In addition to the public charges, the costs of corresponding non-public measures can also be entered, for example: * regular emptying by a private disposal company, * the running disposal of communal waste containers, * the scheduled collection of particular types of waste, * property-related waste disposal services where there is no public collection, * the necessary labour and transport costs of the running waste disposal. The Operating Costs Ordinance expressly covers both public refuse charges and corresponding private measures. ### Refuse management, sorting and refuse locks Recoverable refuse disposal costs can also include the running services of a refuse management company, for example: * operating a chip-controlled refuse lock, * recording the quantity of refuse deposited by individual households, * calculating and allocating consumption-based refuse costs, * the regular re-sorting of incorrectly deposited waste, * removing refuse left beside the containers, * checking the refuse areas, * the running cleaning of the bin stands, * measures to reduce incorrect filling. The Federal Court of Justice generally classifies the operation of refuse quantity recording systems, the recurring removal of what are known as items left beside the bins and the re-sorting of the waste as costs of refuse disposal. Cleaning the bin stands can also be part of such refuse management. A refuse management contract may nevertheless not be entered in full without being checked. Where it contains repairs, purchases, administrative services or other non-recoverable components, these have to be deducted. ### Refuse compactors and technical waste systems The Operating Costs Ordinance expressly names the running costs of operating: * refuse compactors, * refuse chutes, * refuse suction systems, * refuse quantity recording systems. These can include, for example, the operating electricity, running operation, monitoring, cleaning and the consumption-based calculation, as far as they serve the operation of the respective system directly. The following, on the other hand, are not recoverable: * purchasing and initially installing the system, * repairs, * replacing defective components, * renewal or modernisation, * replacing a system that is technically worn out. {% hint style="info" %} Only the **running operation**, not the purchase or restoration of the technical system, is part of the refuse disposal costs. Maintenance and repair costs are expressly not operating costs. {% endhint %} ### Bulky waste and waste left without authorisation Removing bulky waste or other waste left on communal areas of the rental property can also be recoverable in principle. According to the case law, that also applies where the refuse was left by individual tenants or unknown third parties without authorisation. This requires the removal to take place as part of the running proper management of the property. The fact that such deposits occur only occasionally or at irregular intervals does not automatically deprive the costs of their running character. This can include, for example: * regularly necessary bulky waste collections, * disposing of items recurrently left beside the refuse containers, * removing furniture or household items left illegally, * removing refuse from communal cellars, corridors or outdoor areas, * the necessary transport and disposal charges. #### Not every clearance is recoverable The following, on the other hand, may not be entered as general refuse disposal costs: * clearing an apartment taken over by the landlord or standing empty, * clearing out after a particular tenancy has ended, * removing items left behind by a known tenant, * disposing of the landlord's items, * the one-off clearance of a stock accumulated over years, * disposal in connection with refurbishment or building work. Such costs do not concern the ordinary running waste disposal of the entire property. Where the person responsible is known, a separate claim against that person may come into consideration. Where it is demonstrable that a particular tenant culpably caused additional disposal costs, those costs should not also be allocated to all residents. That can be the case, for example, where a tenant: * leaves a large quantity of bulky waste without permission, * puts building rubble or hazardous waste into the household refuse containers, * causes a chargeable special emptying through considerable incorrect filling, * leaves items or waste behind after the contract ends. {% hint style="info" %} In this case there can be an individual claim for damages where a breach of duty for which the tenant is responsible and the damage caused by it can be proved. {% endhint %} ### Waste separation and incorrect filling The regular costs of re-sorting or checking waste separation can in principle be part of the refuse disposal costs. Re-sorting serves to prepare for disposal and can help avoid incorrect filling, additional charges or regulatory problems. The following, on the other hand, do **not** belong in this category: * fines, * warning or late payment surcharges, * contractual penalties, * the costs of litigation, * the landlord's general administrative effort, * the costs of preparing information letters to the tenants. Fines or late payment costs do **not** arise from the intended running use of the building and may **not** be allocated as operating costs. ### Putting out and returning the refuse containers Depending on how it is arranged, the costs of regularly putting the bins out for collection and returning them can be part of the refuse disposal or of a caretaking service. It is important that the same service is not applied twice: * Where the bin service is already included in the caretaking contract, it may not be charged again as refuse disposal. * Where a disposal or refuse management company charges separately for moving the containers, this can be assigned to the refuse disposal. * Administrative services for organising the collection are not recoverable. ### Distinguishing commercial and private waste In mixed-use properties it has to be checked particularly carefully whether commercial units cause considerably more waste or special waste. That can concern restaurants, food shops, medical practices, workshops or retail businesses, for example. Where separate container, emptying or special disposal costs arise for them, these should if possible be assigned directly to the **tenancy** concerned. Residential tenants should not be charged with special costs clearly caused by commercial use. Where consumption or causation is recorded, an allocation measure has to be used that reflects these differences. ### Assignment For the assignment select **"Property"** and then the building for which the refuse charges or disposal costs were incurred. Where no other effective allocation key was agreed in the residential rental agreement, refuse costs are generally allocated according to the share of the living space. ### Splitting mixed invoices Where an invoice contains different services, it has to be checked before the entry is made and split if necessary. Typical mixed invoices contain, for example: 1. running emptying and disposal costs, 2. refuse management and re-sorting, 3. repairing a refuse chute or compactor, 4. buying new containers or technical systems, 5. clearing an apartment, 6. disposing of construction waste, 7. administrative or processing fees. Only the running, property-related refuse disposal services belong in this category. Repair, acquisition, administrative and building measures have to be deducted. ### When this category should not be used The following in particular do not belong here: * repairs to refuse chutes, compactors or suction systems, * buying and initially installing waste systems, * replacing or renewing refuse containers or technical facilities outside running disposal charges, * disposing of construction, renovation or demolition material, * clearing out individual apartments, * disposing of the landlord's property, * winding up an estate, * removal after a forced eviction, * removing hazardous building materials such as asbestos, * commercial hazardous waste caused only by a particular business, * fines, late payment surcharges and reminder costs, * general administrative and legal advice costs, * costs that are to be assigned directly to a known person responsible. ### The requirement of economic efficiency The landlord has to observe the requirement of economic efficiency when choosing and organising the refuse disposal. That does not mean the cheapest solution always has to be chosen. The container size, the emptying cycle and additional services should, however, be in reasonable proportion to the actual need and to the benefit for the property. Check regularly, therefore: * whether the container sizes still match the actual need, * whether containers are permanently only partly filled, * whether unnecessary special emptying arises, * whether incorrect filling causes additional costs, * whether different services are billed twice, * whether refuse management and re-sorting have a comprehensible benefit, * whether commercial additional costs can be recorded separately. The Federal Court of Justice recognises refuse management services as recoverable in principle. Even a relatively high share of these services in the total refuse costs does not in itself prove a breach of the requirement of economic efficiency. ### Documents for the operating cost statement Keep in particular: * refuse charge notices, * contracts with private disposal companies, * invoices and proof of payment, * details of container sizes and emptying intervals, * a list of the individual properties, * contracts and records of services for the refuse management, * evaluations from refuse quantity recording systems, * invoices for bulky waste and items left beside the bins, * documentation of particular cases of causation, * the split of mixed invoices, * the calculation of the individual tenants' shares. Agreed advance payments of operating costs have to be billed annually. The statement has to present the total costs, the allocation key, the tenant's share and the advance payments made comprehensibly.