Allocation Key Checklist for Tenants in Germany

Tenants in Germany often face the question of which allocation key for service charges is fair and legally correct. This checklist explains step by step how, as a tenant, you can check whether the landlord uses the appropriate allocation key, which evidence is required in the service charge statement and how to spot errors. You will learn which documents are helpful, when formal deadlines apply and which authorities or courts you can turn to in case of doubt. The language remains simple and practical: the goal is for you to understand statements, accept legitimate charges and successfully dispute unjustified items. The guide names relevant laws such as the BGB and the BetrKV, explains common allocation keys (living area, number of persons, consumption) and gives tips on how to request receipts and meet deadlines.

What is an allocation key?

An allocation key determines how landlords distribute shared service charges among tenants. Common keys are living area, number of persons or consumption. The correct key directly affects your monthly prepayments and the annual statement.

• Living area: Costs are distributed proportionally by square meters (common for caretaker, waste, property tax).
• Number of persons: Costs are based on the number of occupants (often relevant for water costs).
• Consumption: Costs are billed according to actual consumption (e.g. heating, hot water).

Legal basis

The main rental rules on landlord and tenant obligations can be found in the German Civil Code (BGB) §§ 535–580a^[1]. The specific allocation of operating costs is regulated by the Operating Costs Ordinance (BetrKV)^[2]. Additional rules apply for heating and hot water costs in the Heating Costs Ordinance^[3].

Checklist: Important steps for tenants

• Request receipts: Ask for accounting documents and receipts in writing.
• Check the allocation key: Compare the applied key with the rental contract and the BetrKV.
• Control consumption: For consumption billing, check meter readings and billing periods.
• Reconcile the statement: Recalculate individual items as examples.
• Observe deadlines: Submit objections and complaints within legal time limits.

FAQ

Can the landlord change the allocation key unilaterally?

A change is only possible if the rental contract allows it or both parties agree; otherwise, rules such as the BGB and the BetrKV must be observed.

Which evidence can I demand?

You can request access to receipts, invoices, contract documents and meter readings to understand the statement.

Where do I turn in case of disputes?

In many cases the local court (Amtsgericht) decides rental disputes; if needed, legal action under the ZPO may follow.

How-To

1. Check the rental contract for agreed allocation keys.
2. Request missing receipts in writing and note the date of receipt.
3. Compare statement items with the BetrKV and relevant sections of the BGB.
4. File a reasoned objection with the landlord if items are unclear or incorrect.
5. If objection fails, consider court action at the competent local court.

Help and Support

• Civil Code (BGB) – gesetze-im-internet.de
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
3. [3] Heating Costs Ordinance (HeizKV) — gesetze-im-internet.de
4. [4] Code of Civil Procedure (ZPO) — gesetze-im-internet.de