Landlord provides false information regarding the electricity bill of the gas heating system.

Hello,

Actually, he has the mindset to just let it go 5 degrees, give the landlord a statement accordingly, and that's it. But unfortunately, the landlord no longer adheres to verbal agreements either, and now he is considering what legal options he has. An official acceptance is to take place in the next few days with a billing company. He is now considering having this grievance included in the acceptance protocol so that there is already evidence. (It could be demonstrated by means of safeguarding). Would that already be a proper procedure to possibly secure claims? Also, what could he achieve? In other words, could he claim the costs for all those years? Even if he has already accepted the utility bills from previous years?

As far as I remember from my tenant days, fulfillment of a claim also includes its recognition, unless the circumstances indicate otherwise. If a claim is recognized, corrections are excluded. That would mean that you can only challenge the last utility bill.

How would it be in this hypothetical case? Would that even be fraud? Or electricity theft? Or just a billing error?

That is difficult and also dangerous to answer. If your landlord knew about this practice and deliberately concealed it from you, "I" would want to call it intentional deception. Only - as everywhere else, you bear the burden of proof.

From my experience, legal disputes regarding the amount of damage probably incurred over 5 years are not really "worth it." As the Rhinelander says: "You throw good money after bad." You write further below that there is still a need for clarification with your former landlord; how about involving a mediator? In the end, that is cheaper for both sides and has the same effect of having a neutral person involved.

Rhineland regards

He did acknowledge the utility bill statement presented to him - but not the fraud? Then Hönes wouldn't have had to go to jail; the tax office had also accepted his tax returns before. The tenant association could be a good contact point for you. I wouldn't let it go even for 50€. In the acceptance report, I would record the situation in detail and then follow up on the whole thing. If the landlord doesn't want a settlement, I would make a preliminary inquiry with a lawyer.

He did acknowledge the utility bill presented to him - but not the fraud, right?

That's exactly how I see it too.
It can hardly be true that for over 5 years the common electricity for heating and lighting was paid by one tenant - well, the landlord had no financial advantage from it, but the second tenant did.
Since the landlord is exclusively the contractual partner, I would stick to him and make the following calculation:
Consumption in the two weeks since moving out: X kwh
Divided by 2 = Y kwh (consumption per week)
Y kwh x 52 weeks x 5 years = Z kwh
Z kwh x price per kwh = total common electricity costs
Total common electricity costs : 2 (2 parties in the house) = claim against the landlord
If the landlord is really stupid enough not to agree to this, I would immediately hand the matter over to a specialist lawyer and of course secure all evidence beforehand!!!
Regards,
Dirk

If that is the case as described, it is probably about an amount between 800 and 1000€. Honestly, it wouldn't be worth all the trouble to me. Or does the legal expenses insurance cover it? If yes... then off to the fight

Well, roughly estimated, about 3,900 kwh would correspond to a total amount of approximately EUR 1,000.00.

So around EUR 500.00 that could be reclaimed.

That would be worth a bit of hassle with my former landlord...

Asking doesn't cost anything, I would definitely bring it up with him during the handover, present him the invoice, and wait to see how he reacts...

I can always bring out the heavy artillery from the garage if he remains stubborn.

Exactly, I just plan to confront him with it if he messes with me. If his conscience kicks in, I'll let it slide. If necessary, I'll go through the hassle and take legal action. Now that I'm done building the house, I slowly have quite a bit of energy free again anyway
He definitely doesn't have any!