Allocation Calculations for Tenants in Germany

Many tenants in Germany face questions when landlords allocate operating costs or modernization expenses. This article explains in plain language how allocation calculations for utility costs work, which legal rules apply and which documents tenants should check. You will find practical examples for proportional calculation, advice on deadlines and formal requirements, and concrete steps to identify incorrect statements and respond to them. The wording remains simple so that non-lawyers understand when a reduction of payment is possible and how to prepare an application at the local court. Use the checklist and instructions below to exercise your rights as a tenant in Germany with confidence.

What is allocation calculation?

Allocation calculation refers to the distribution of communal costs — such as operating costs or modernization costs — to tenants. Landlords usually allocate allocable costs according to the rental agreement and the applicable legal provisions. Typical items include janitor services, waste disposal, water and heating. Tenants should check whether the statement complies with the contractual agreements and the Operating Costs Ordinance.^[1]

Legal basis

Basics of tenancy law can be found in the Civil Code (BGB), especially regarding the rights and obligations of tenants and landlords.^[1] The details on allocation of operating costs are set out in the Operating Costs Ordinance (BetrKV).^[2] In court proceedings to enforce claims, the rules of the Code of Civil Procedure (ZPO) must be observed.^[3]

• Collect documents: invoices, janitor lists, meter readings and reading protocols.
• Check billing period: compare the billing period with the contract and the documents.
• Trace the calculation: check the allocation key (living area, number of persons) and calculate your share proportionally.
• Formal review: pay attention to deadlines for objections and mandatory information in the operating costs statement.
• Further action: if in doubt, file an objection and, if necessary, contact the local court.

FAQ

How do I check an operating costs statement?

Check billing period, allocation key and individual items. Compare the stated amounts with your receipts and consumption values.

What deadlines apply for objections?

Typically, statements should be checked within twelve months of receipt and objections should be raised promptly; exact deadlines depend on the individual case.

When is it worth going to the local court?

If the landlord does not respond to justified objections or an agreement cannot be reached, a lawsuit at the local court may be necessary.^[3]

How-To

1. Collect all relevant documents such as invoices, proof of payment and reading protocols.
2. Calculate your share according to the allocation key specified in the rental agreement (e.g. living area).
3. Draft a written objection with justification and attach copies of supporting documents.
4. Submit the objection within the deadline by registered mail or in person against receipt.
5. If no agreement is reached, consider court proceedings at the competent local court and prepare the documents for a complaint.^[3]

Key Takeaways

• Actively review each operating cost item and request receipts if anything is unclear.
• Many errors can be resolved by simple recalculation and a written objection.
• In disputes, clear documentation supports your position in court.

Help and Support

• Local court (competence and procedures)
• Federal Court of Justice (BGH) – decisions
• Gesetze im Internet – BGB §535 ff.

1. [1] Gesetze im Internet – BGB §535 ff.
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Zivilprozessordnung (ZPO)