Allocation Key: Backcharges 2025 Tenants Germany

As a tenant in Germany, you will often encounter the utility bill and the allocation key that determines how costs are distributed among apartments. If the landlord applies a different distribution key, backcharges or repayment claims may arise. This article clearly explains when and how you as a tenant can review an allocation key and, if necessary, claim backcharges, which deadlines apply and which official laws and forms are important. I describe practical steps for collecting evidence, written communication with the landlord and possible court steps before the local court. The goal is that you as a tenant in Germany can better assess whether a backcharge is justified and how to pragmatically enforce your rights.

What is an allocation key?

The allocation key defines the basis on which operating costs such as heating, water or janitorial services are distributed among apartments. Common keys are living area, number of persons or consumption. The legal framework can be found in the Operating Costs Regulation and the BGB.^[2][1]

When can tenants claim backcharges?

You can examine a claim if the landlord used a new or incorrect allocation key in the bill. It is decisive whether the bill is formally and materially correct and whether deadlines for asserting claims have been observed. Legal basics on tenancy law can be found in the BGB, especially regarding the landlord's duties to account.^[1]

Important deadlines

• Check the bill within 12 months of receipt.
• Send objections to the landlord promptly, ideally within 2–4 weeks.
• For backcharges: only pay if the bill is correct or confirmed by a court.

Which proofs do you need?

For a successful claim or defense you need clear evidence: original bills, rental contract with agreed allocation key, meter readings, receipts for paid prepayments and previous bills for comparison.

• Collect bills and payment receipts for at least the last three years.
• Photograph meter readings and keep emails or letters as proof.
• Request a corrected bill in writing if errors are apparent.

Forms and formal steps

There is no nationwide standard "claim form", but official documents and lawsuits under the ZPO rules are relevant. Useful names and documents include:

• Written request to the landlord (self-written): briefly state the point of objection and attach documents.
• Statement of claim (pursuant to § 253 ZPO) filed at the local court if out-of-court settlement fails.^[4]
• Sample letters for objections or requests can be found on judiciary and ministry websites; adapt them to your case.

Practical steps

1. Check the bill for errors and note deadlines.
2. Gather all relevant evidence and make copies.
3. Send a written objection to the landlord with a deadline for correction.
4. If no solution is found, prepare a claim or request assistance from the local court.

FAQ

Can the landlord change the allocation key retroactively?

Yes, a change is possible if contractually provided or if there are objective reasons, but it must not be arbitrary and must be transparent.

What is the role of the Operating Costs Regulation?

The Operating Costs Regulation lists allocable costs and sets framework rules for billing, which tenants should check.^[2]

Where can I turn in case of dispute?

First try a written objection; if the dispute continues, the local court may be competent and, if necessary, the Regional Court or the Federal Court of Justice as appellate instances.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Laws on the Internet (BGB, BetrKV, HeizKV)
• Federal Court of Justice (BGH) – selected tenancy decisions

1. [1] Laws on the Internet: Civil Code (BGB)
2. [2] Laws on the Internet: Operating Costs Regulation (BetrKV)
3. [3] Laws on the Internet: Heating Costs Ordinance (HeizKV)
4. [4] Laws on the Internet: Code of Civil Procedure (ZPO)