Allocation Keys for Service Charges: Tenants in Germany

As a tenant in Germany you may wonder how the allocation key in the service-charge statement affects a back payment. This text explains in clear language what an allocation key is, what legal limits landlords have and when a claim is legally permissible. You will learn which documents to check, how different keys (for example by living area or number of persons) work and which steps help to reduce or review large back payments. At the end you will find practical action steps, form guidance and links to official laws and courts so that you can assert your rights confidently and purposefully. If you have already received a statement, read the most important deadlines and template texts for objections and appeals.

What is the allocation key?

The allocation key determines how service charges are distributed among tenants, for example by living area, number of persons or consumption. The permitted cost types and accounting obligations are set out in the Operating Costs Ordinance.^[2]

When may the landlord change the key?

Changes are only possible if the tenancy agreement provides for an adjustment or both parties agree; otherwise the provisions of the German Civil Code (BGB) apply.^[1] Without agreement, a unilateral conversion is only permissible in narrow limits.

• Check the formal basis in the tenancy agreement.
• Observe deadlines, for example accounting and objection deadlines.
• Request and inspect accounting documents and receipts.

Check and reduce back payments

If you receive a back payment, first check whether the applied allocation key is correct and whether all cost types are permissible under the Operating Costs Ordinance.^[2] The Heating Costs Ordinance regulates consumption-based billing and can influence the distribution.^[3]

• Request receipts and compare with previous statements.
• Only accept back payments if the claim is fully documented.
• File a written objection within the objection period.

Forms and legal steps

For court actions, tenants use the complaint forms and guidance at the competent local court; information on filing a claim and the civil procedure is available from the judiciary and in the Code of Civil Procedure (ZPO).^[4]

FAQ

Can the landlord change the allocation key afterwards?

Only if the tenancy agreement provides for a change or you agree; without regulation the previous key continues to apply and unilateral changes are limited.

What deadlines apply for objections to the service-charge statement?

Check the statement immediately on receipt and submit objections in writing within the usual accounting and limitation periods; exact deadlines depend on the specific case.

Where can I turn in case of dispute over back payments?

First object in writing to the landlord, then consider filing a claim at the local court or seeking advice; in many cases free legal advice from authorities or consumer services helps.

How-To

1. Collect documents: request the statement, previous statements and receipts.
2. Check the allocation key: compare by living area, number of persons or consumption.
3. File an objection in writing: state the deadline and request missing receipts.
4. Observe deadlines: respond within the accounting and objection periods.
5. Negotiate with the landlord or consider mediation.
6. As a last resort, consider filing a claim at the local court.

Help and Support

• [1] German Civil Code (BGB) — §§ 535–580a
• [2] Operating Costs Ordinance (BetrKV)
• [3] Heating Costs Ordinance (HeizKV)
• [4] Information on court jurisdiction and filing claims (Judiciary)

1. [1] German Civil Code (BGB) — §§ 535–580a
2. [2] Operating Costs Ordinance (BetrKV)
3. [3] Heating Costs Ordinance (HeizKV)
4. [4] Information on court jurisdiction and filing claims (Judiciary)