> 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/mietverhaltnisse/mietverhaltnis-anlegen/betriebskosten/pauschale-betriebskosten.md).
# Flat-rate operating costs
This page explains what a flat rate for operating costs is, how it works and which obligations you have to observe as a landlord.
## Flat-rate operating costs
Instead of advance payments for operating costs, as a landlord you can agree a **flat rate for operating costs** for the **cold operating costs** (Section 556 BGB). In that case you are not obliged to produce an operating cost statement. You also do not have to refund any credit if the actual costs turn out lower, but you bear the risk if the flat rate does not fully cover the costs incurred. Heating and hot water costs are excluded; under the **Heating Costs Ordinance** these generally have to be **billed according to consumption**.
Adjusting the flat rate for operating costs
Where a flat rate for operating costs has been agreed, under **Section 560 (1) BGB** the landlord can pass on increased operating costs to the tenant by a declaration in text form, provided the rental agreement contains a corresponding adjustment clause.
* The declaration is only effective if it explains the reason for the increase comprehensibly.
* Under **Section 560 (2) BGB**, the increased flat rate is payable at the earliest from the month after next following receipt of the declaration. If the tenant receives the adjustment declaration in April, for example, they have to pay the increased flat rate from June at the earliest.
* If the operating costs fall, the flat rate has to be reduced accordingly under **Section 560 (3) BGB**.
* You can find a suitable template for adjusting the flat rate for operating costs in Immodio under Templates.
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A corresponding adjustment clause is of course included in the **Immodio rental agreement**.
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Advantages of a flat rate for operating costs
* **No annual obligation to settle:** As a landlord you do not have to produce an operating cost statement.
* **No refund risk** – your tenants have no claim to repayment, even if the actual costs turn out lower.
Disadvantages of a flat rate for operating costs
* **The cost risk stays with the landlord** – if the actual operating costs exceed the flat rate, you as the landlord have to bear the difference yourself.
* Heating and hot water costs generally still have to be billed according to consumption. Immodio supports you here, however, by letting you carry out your heating cost statement entirely digitally.
### Billing warm operating costs (heating and hot water)
Flat-rate billing of heating costs is **impermissible and invalid**, since under Section 2 HeizKV the provisions of the Heating Costs Ordinance (HeizKV) take precedence over contractual arrangements. As a landlord you are therefore obliged to record the users' proportionate consumption of heating and hot water (Sections 4 and 5 HeizKV) and to allocate the costs according to actual consumption (Sections 6 to 9 HeizKV). An all-inclusive rent or a flat rate for heating costs charged independently of individual consumption breaches these provisions and is therefore not legally effective.
Exceptions in which a flat rate for heating and hot water costs is permissible are named in [Section 11 of the Heating Costs Ordinance](https://www.gesetze-im-internet.de/heizkostenv/__11.html) and include:
* In buildings with no more than two apartments.
* Where the cost of measurement would be disproportionately high.
* For buildings or units used only for short periods (for example holiday apartments, seasonal accommodation, guest houses).
* Student and senior citizens' residences.
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Where a flat rate for operating costs is used, always show the heating costs separately, because under the Heating Costs Ordinance (Section 6 (1) HeizkostenV) heating and hot water costs generally have to be billed according to consumption.
To do so, click the **"Show heating costs separately" button**, open the input window and enter the heating costs there so that you can bill them to the tenant later. Only by showing the heating costs separately can you charge a flat rate for the operating costs in this case while still billing the heating costs properly at the end of the settlement period.
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A fair use rule with a flat rate for operating costs
A flat rate for operating costs means in principle: the tenant pays a fixed monthly amount that settles the agreed operating costs. There is **no** later statement. Back payments or refunds are therefore **generally excluded** with a genuine flat rate.
A "fair use policy" under which the landlord may simply demand additional costs where consumption is higher is therefore problematic and would be legally challengeable. With a flat rate the landlord generally bears the risk that the actual costs turn out higher than the agreed flat rate.
* Statutory claims for damages could constitute an exception in certain circumstances. In cases of extreme, abusive or deliberately wasteful consumption, the tenant may be liable in damages for breach of duty under Sections 241 (2), 280 BGB (Regional Court of Oldenburg ZMR 2002, 200). Assuming a breach of duty should, however, be limited to extreme cases and therefore concerns exceptional situations only; normal excess consumption is generally not sufficient.
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If you want to make such an arrangement, you can insert a passage worded by yourself in the rental agreement assistant in the Additional agreements step under Individual agreements. In this case Immodio recommends seeking individual legal advice from a specialist lawyer.
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