Allocation Keys: Avoid Mistakes for Tenants in Germany

As a tenant in Germany, it is important to understand the correct allocation keys for service charges. Many tenants overlook clauses in the rental agreement or automatically accept an unfavorable distribution, which leads to higher costs. This text explains in plain language which mistakes commonly occur, how allocation keys affect your service charge statement and which rights you have under the BGB^[1] and the BetrKV^[2]. You will receive a practical checklist with concrete steps: check documentation, ask questions to the landlord, observe deadlines and, if necessary, consider legal remedies. We show which documents—rental agreement, service charge statement and heating cost statement—are relevant, how to collect evidence and when a conversation with the landlord or a written request is appropriate. In case of dispute, the local court (Amtsgericht)^[4] or official advice can often help.

What are allocation keys and why they matter

An allocation key determines how operating costs are distributed among tenants (e.g. by living area or consumption). Crucially: the key agreed in the rental contract governs the calculation, not individual annual statements. Changes usually require a clear contractual basis or tenant consent. Refer to the rules in the BetrKV and the BGB^[1][2].

Common mistakes when choosing the allocation key

• Not checking contractual terms and therefore accepting incorrect cost distribution.
• Overlooking unclear or vague wording in the rental contract regarding billing.
• Ignoring deadlines for objections or supplementary claims.
• Failing to request or keep receipts and accounting documents.
• Heating or operating costs allocated or calculated incorrectly by consumption.

Practical checklist for tenants

• Review the rental agreement for wording on the allocation key and billing period.
• Collect all receipts: service charge statement, heating cost statement, meter readings and invoices.
• Note deadlines: receipt of the statement, objection periods and deadlines for supplementary claims.
• Contact the landlord in writing and request confirmation if anything is unclear.
• If disputed, object in writing with reasons and consider legal advice or contacting the local court^[4].

How to check a service charge statement

Proceed in a structured way: first check whether the applied allocation key matches the rental contract. Compare the listed items with the receipts and check whether allocation keys are plausible (e.g. living area vs. consumption). Watch for double billing and items that are not chargeable.

Concrete check points

• Do totals and individual receipts match the statement?
• Are heating and maintenance costs distributed correctly according to the stated key?
• Have non-chargeable costs (e.g. administrative fees without agreement) been billed?
• Have the statutory rules of the BetrKV and HeizKV been observed^[2][3]?

Rights and steps in case of dispute

If you find errors, first request the receipts and a corrected statement in writing. State objections precisely and set deadlines for a reply. If no agreement is reached, consider court action or official advice. Local courts (Amtsgerichte) are the first instance for tenancy matters; higher courts such as the BGH decide fundamental questions^[4][5].

FAQ

What is an allocation key?

An allocation key determines how operating costs are distributed among tenants, for example by living area or consumption.

Can the landlord change the allocation key unilaterally?

A unilateral change is usually only possible if the rental contract allows it or all tenants agree; otherwise changes require a legal basis.

How quickly must I check a statement and object?

Check the statement promptly; in practice it is recommended to raise objections in writing within a few weeks and to observe legally relevant deadlines.

How-To

1. Read the rental agreement carefully and note the agreed allocation key.
2. Request and systematically file all receipts related to the statement.
3. Note deadlines: receipt of the statement, objection period and deadlines for supplementary claims.
4. Contact the landlord in writing and ask for explanations if something is unclear.
5. If dispute continues, seek legal advice and consider filing a claim at the local court.

Key Takeaways

• Carefully check statements and request receipts.
• The allocation key in the rental contract is decisive.
• Act promptly and observe deadlines.

Help and Support

• BGB §535 – Gesetze im Internet
• BetrKV – Betriebskostenverordnung
• Heizkostenverordnung (HeizKV)
• Justice Portal – Local Courts

1. [1] BGB §535 – Gesetze im Internet
2. [2] BetrKV – Betriebskostenverordnung
3. [3] HeizKV – Heizkostenverordnung
4. [4] Justice Portal – Information on Local Courts
5. [5] Federal Court of Justice (BGH) – Decisions