Allocation Keys for Tenants in Germany
Many tenants in Germany receive annual service charge statements where the allocation key (distribution key) determines refunds or additional charges. This guide explains clearly how you as a tenant can check whether the correct allocation key was used for a refund, which deadlines apply and which receipts you should request. You will also learn when an objection makes sense, which forms are helpful and which court to contact in case of dispute. At the end you will find a practical step-by-step guide and official links to the BGB and the operating costs regulation so you can enforce your rights in Germany safely and concretely. Practical examples and sample texts help with communication with the landlord and submitting objections.
Understanding the allocation key
The allocation key determines how costs such as water, cleaning or caretaker services are distributed among the individual apartments. Common keys are by living area, number of persons or unit. First check which key is stated in the lease or in the last statement. Legal bases can be found in the BGB and the Operating Costs Regulation.[1][2]
Check the statement
When comparing the statement and the lease, check the correct application of the stated key, the total costs and the distribution to the apartments. Questions that help:
- Observe deadlines (deadline): Check whether the statement was submitted within the usual timeframe.
- Verify amounts (rent/payment): Compare total costs and your shares.
- Request receipts (document/proof): Ask the landlord for receipts and invoices.
- Review contract (form): Read the lease and operating cost agreements carefully.
What to do in case of errors?
If the allocation key is applied incorrectly, write an informal dated objection to the landlord naming the items and requesting correction or refund. State invoice numbers, periods and demand correction or repayment within a deadline of e.g. 14 days.
- Draft an objection (form): Briefly state facts, error and desired correction.
- Attach receipts (document): Include copies of relevant receipts and your calculation.
- Contact landlord (call): Try to resolve quickly by talking to landlord or property manager.
- Set deadlines (court): If no agreement, announce that you may pursue legal action.
Legal bases and forms
Important legal bases are §§ 535–580a BGB (landlord duties, statement obligations) as well as the Operating Costs Regulation (BetrKV) and, if applicable, the Heating Costs Regulation. Use these texts to check claims and calculate deadlines.[1][2]
FAQ
- Who decides which allocation key applies?
- The lease normally specifies the allocation key; if no agreement exists, common practice in the region is decisive.
- Can I challenge the statement?
- Yes, you can challenge the statement in writing and request receipts; in case of dispute you can contact the competent local court (Amtsgericht) or seek legal advice.
- How long do I have to file an objection?
- There is no uniform deadline for every item, but it is common to react within months and ideally within 12 months after receipt of the statement to clarify claims.
How-To
- Check deadlines (deadline): Note the date you received the statement and set a response deadline of e.g. 14 days.
- Gather documents (document): Prepare a list of all relevant receipts and your refund calculation.
- Send objection (form): Send a dated letter with facts, demand and deadline to the landlord and keep copies.
- Consider court action (court): If no agreement, consider suing at the local court; jurisdiction is based on your place of residence.
Help and Support / Resources
- BGB §§ 535–580a — Bürgerliches Gesetzbuch
- BetrKV — Operating Costs Regulation
- Federal Court of Justice (BGH) — decisions and information
