What a Landlord Can Bill After You Move Out

Even after the deposit has been settled, a landlord can, under certain conditions, still claim further costs later. These claims are legally distinct from a deduction taken from the deposit itself, but follow similarly clear limits.

Nebenkosten top-up claims after moving out

The most common form of a later claim is a Nebenkosten top-up, when actual operating costs turn out higher than the advance payments made. This is generally permitted even after the tenant has moved out, as long as the landlord delivers the statement within twelve months of the billing period's end (Section 556(3) BGB). If the landlord misses that deadline, they lose the right to a top-up claim, unless the delay wasn't their fault.

Renovation costs: only with a valid clause and real damage

A landlord may only demand payment for repainting or other cosmetic repairs after move-out if the rental contract contains a valid clause for it. The Federal Court of Justice (BGH) declared rigid clauses, whether tied to a fixed schedule or a proportional cost share regardless of actual condition, invalid in 2015 (case nos. VIII ZR 242/13 and VIII ZR 185/14). If the contract contains such an invalid clause, the landlord can't claim costs under it, even if the apartment shows visible wear.

What can't be claimed afterward

Claims for normal wear and tear, for the building's maintenance or repair costs (which aren't chargeable to tenants in the first place under Section 1(2) of the Operating Costs Ordinance (BetrKV)), and any claim based on an already-invalid contract clause are all impermissible. A generic final-cleaning flat fee with no specific contractual basis generally isn't enforceable either.

How to handle a later claim

For a Nebenkosten top-up claim, start by checking the date it arrived: if it's more than twelve months after the billing period ended, the claim is generally time-barred. For renovation or cleaning claims, check the underlying contract clause, ideally with support from your local tenants' association, before paying. For what may still be withheld from the deposit itself, see our deposit deduction rights guide, and for the timing rules around the deposit and the Nebenkosten statement, our deposit hold duration guide.

Conclusion

After moving out, timely Nebenkosten top-up claims remain the main thing a landlord can still enforce. Renovation or cleaning charges, on the other hand, are rarely enforceable anymore since the BGH declared rigid cosmetic-repair clauses invalid.

Frequently Asked Questions

Can a landlord still demand extra payments after move-out?

Yes, particularly Nebenkosten top-ups, as long as the statement arrives within twelve months of the billing period's end.

Are cosmetic-repair clauses still enforceable after move-out?

Rigid clauses tied to a fixed schedule have been invalid since a 2015 BGH ruling (case nos. VIII ZR 242/13 and VIII ZR 185/14) and don't support a claim.

What happens if the Nebenkosten statement arrives too late?

Once the twelve-month deadline under Section 556(3) BGB passes, the landlord generally can't demand a top-up anymore.

Can a landlord charge a flat final-cleaning fee?

Only if there's a specific, valid contractual basis for it. A generic flat fee without one usually isn't enforceable.

If this specifically concerns renovation costs, read more in Can Landlords Keep Deposit for Renovations in Germany?. For the grounds on which a landlord can withhold the deposit itself, see Deposit Withholding: Landlord Rights in Germany.