Allocation Calculation Checklist: Tenants in Germany
As a tenant in Germany, it is important to know when and how landlords may pass costs on to tenants. This guide helps you check service charge statements in older buildings, request missing documentation, and question unclear items. The following practical points show which documents to collect, which deadlines apply, and how to proceed formally before considering legal action. By acting systematically and within deadlines, you increase your chances of identifying and reclaiming unjustified charges.
When is an allocation calculation permissible?
Landlords may only allocate costs that are agreed in the lease and covered by the Operating Costs Ordinance; fundamental duties for maintenance and use are governed by the Civil Code (BGB)[1][2]. If in doubt, request the full service charge statement and the underlying receipts and check whether individual items are even allocable.
Checklist: What tenants should check
- Collect receipts and invoices (evidence).
- Compare the billed amount with your payments (rent).
- Check whether items are named in the lease or were approved (form).
- Distinguish between repairs and allocable operating costs (repair).
Forms, templates and official rules
Direct legal regulations are available in the BGB and in the Operating Costs Ordinance (BetrKV). General templates for termination letters or formal letters are provided by the Federal Ministry of Justice; use templates only as a basis and adapt wording to your case.
What to do if documentation is missing?
Request the receipts in writing and set a clear deadline for the landlord to provide them. Document the request by registered mail or by email with read receipt. If the documents are not provided, certain items may be deducted or reclaimed from the statement.
Frequently Asked Questions
- Who bears the burden of proof for operating costs?
- The landlord must present the statement and the underlying receipts when the tenant raises doubts.
- What deadline applies for reviewing the statement?
- Review and respond promptly; objections should be submitted in writing in a timely manner to preserve later claims.
- Where can I turn if an agreement cannot be reached?
- In disputes, the local court (Amtsgericht) competent for tenancy matters is responsible; proceedings and deadlines are governed by the ZPO and local jurisdiction.
How-To
- Collect documents: lease, previous statements, payment receipts (evidence).
- Send a formal request to the landlord and set a deadline for providing receipts (form).
- If that is not sufficient, consider filing a claim at the competent local court or seek legal advice (court).
