Clear statutory deadlines apply to the Nebenkostenabrechnung — for landlords and tenants. If you know them, you can respond to incorrect or late bills. Here is what you need to know.
Deadline 1: When Must the Bill Arrive?
The landlord must deliver the Nebenkostenabrechnung no later than 12 months after the end of the billing period (§ 556 para. 3 sentence 2 BGB).
Example:
- Billing period: January 1, 2025 - December 31, 2025
- Delivery deadline: by December 31, 2026
If the bill arrives after this deadline, a late additional demand is generally excluded (§ 556 para. 3 sentence 3 BGB) — unless the landlord can prove that they are not responsible for the delay (for example because the energy supplier delivered its bill late).
Important: If you are entitled to a credit, it remains payable — even after the 12-month deadline has expired. The exclusion period applies only to the landlord's late additional demands. However, the general limitation rules under §§ 195, 199 BGB may govern enforcement of a credit.
Deadline 2: When Is the Additional Payment Due?
The due date of an additional payment follows the bill and the lease. If no payment date is stated there, § 271 BGB applies: the claim is due immediately.
There is no statutory 30-day payment grace under § 271 BGB. § 286 para. 3 BGB concerns default, not when the additional payment itself becomes due: for consumers, default occurs no later than 30 days after the claim is due and the invoice is received only if the invoice specifically warns of that consequence.
Tip: If you suspect errors, it is advisable to pay the demand under reservation. A note such as "payment under reservation of review" on the transfer and a short accompanying letter to the landlord are recommended:
"Dear [landlord], I am transferring the additional payment of [amount] on time under reservation of a complete review of the bill. I expressly reserve the right to reclaim amounts paid too much."
This preserves your payment obligation without giving up your right to review.
Deadline 3: How Long Can I Object?
The objection period for tenants is 12 months from receipt of the bill (§ 556 para. 3 sentence 5 BGB). Within this period, you can:
- Object to individual items
- Request inspection of receipts (§ 259 BGB)
- Request a corrected bill
- Request repayment of amounts paid too much
After 12 months, objections generally can no longer be asserted (§ 556 para. 3 sentence 5 BGB) — unless you were not responsible for the delay.
Tip: It is advisable to note the deadline in your calendar immediately when the bill arrives. A buffer does no harm — when in doubt, check too early rather than too late.
All Deadlines at a Glance
| Deadline | Duration | Legal basis | For whom? |
|---|---|---|---|
| Billing deadline | 12 months after billing period | § 556 para. 3 sentence 2 BGB | Landlord |
| Additional payment due date | per bill/lease; if no date, immediately (§ 271 BGB) | § 271 BGB | Tenant |
| Objection period | 12 months from receipt | § 556 para. 3 sentence 5 BGB | Tenant |
| Enforce a credit | 3 years (regular limitation period) | §§ 195, 199 BGB | Tenant |
Already Paid? Repayment Is Possible
A widespread misconception: "I transferred the additional payment, now it is too late." That is not correct. Payment and objection are legally separate.
As long as you are within the 12-month objection period, you can object to errors — regardless of whether you have already paid. The key: ideally, always pay the demand under reservation. This signals that you reserve the right to reclaim it.
If the bill is corrected, the amount paid too much is available to you as a repayment claim under § 812 BGB. Enforcement is subject to the general limitation periods under §§ 195, 199 BGB. The regular three-year period generally begins only at year-end when the claim arose and you knew or should without gross negligence have known the relevant circumstances and the debtor — not as a blanket "last three years" shortcut. Details and a template are available in our article Objection: template, deadlines & guide.
Special Cases: When It Gets Complicated
Billing period differs from the calendar year:
The billing period does not have to match the calendar year. If the lease provides for April to March, for example, the billing deadline shifts accordingly.
Change of tenant during the billing period:
If you move in or out during the year, the costs are calculated proportionately. You pay only for the months in which you were actually the tenant.
Later correction by the landlord:
Until the billing deadline expires, the landlord may correct the bill. After that, corrections that increase the demand are generally excluded — unless the landlord was not responsible for the delay. Tenant-favoring corrections or a credit are not extinguished by that exclusion period.
Meet Deadlines — Have Errors Found
The key point: the clock starts ticking on the day you receive the bill. The earlier you review it, the more time remains for a successful objection.
NeKo Check typically reviews your bill within 24 hours and, if errors are found, delivers a finished objection letter — so you do not miss a deadline.
Further Reading
Frequently Asked Questions
When must I receive the Nebenkostenabrechnung?
No later than 12 months after the end of the billing period. For a billing period from January to December 2025, the bill must reach you by December 31, 2026 at the latest.
What happens if the bill arrives late?
Late additional demands are generally excluded after the billing deadline — unless the landlord was not responsible for the delay. A credit remains payable; however, the general limitation rules under §§ 195, 199 BGB may govern enforcement.
How long do I have to object?
12 months from receipt of the bill. Objections are then generally excluded — unless you were not responsible for the delay (§ 556 para. 3 sentences 5 and 6 BGB).
Do I have to make the additional payment immediately?
The due date follows the bill and the lease. If no payment date is stated, the additional payment is generally due immediately under § 271 BGB. There is no statutory 30-day payment grace under § 271 BGB. § 286 para. 3 BGB concerns default, not the due date; for consumers, its 30-day rule applies only if the invoice specifically warns of that consequence. If you suspect errors, paying under reservation is advisable.
Can the landlord simply increase the advance payment?
Only on the basis of the last bill and only by an appropriate amount. An adjustment without a bill is ineffective. A close look at the calculation can be worthwhile.