Allocation Keys: Tenant Checklist in Germany

As a tenant in Germany, it is important to understand how allocation keys affect the utility bill. This article explains in practical terms which keys are common, when consumption-based or area distribution makes sense and which deadlines and proofs you should observe. We show concrete everyday cases, name relevant laws and forms and provide a verifiable checklist for the operating cost statement. This helps you spot possible errors in the statement, document defects correctly and know when a discussion with the landlord or a visit to the local court is sensible.

What is an allocation key?

An allocation key determines how landlords distribute certain operating costs to tenants. Typical keys are consumption (e.g. heating costs by meter) or allocation by living area. The legal basis of tenancy law can be found in the provisions of the BGB (§§ 535–580a).^[1]

Practical cases

Case A: Heating costs by consumption

You pay heating costs by consumption because consumption meters are installed in the building. Check the reading protocols, heat cost allocators and the billing period. Watch for additional charges and correct allocation keys in the statement.

• Check reading protocols and meter readings for plausibility.
• Request an explanation or copies of receipts from the landlord if unclear.
• Observe the billing deadline: claims become time-barred after three years.

Case B: Distribution by living area

Some operating costs are distributed according to living area. Here correct area information and, if necessary, an area table in the rental agreement are decisive.

• Compare the stated sqm with your rental contract or your own measurements.
• Insist on a correction and a new statement in case of discrepancies.
• Contact the property management in writing and document the communication.

Forms and templates

Important official forms and templates tenants should know:

• Termination letter (template) from the Federal Ministry of Justice: use when you want to terminate the tenancy properly; send by registered mail and keep a copy.
• Defect notification / rent reduction notice (template): use this form to notify defects in writing and set deadlines for remedy.

In legal disputes, the local court (Amtsgericht) is the first instance for tenancy matters; in higher instances the regional court and the Federal Court of Justice decide on legal questions and precedents.^[3]

How-To

1. Collect documents: rental contract, statements, photos of defects and meter readings.
2. Check deadlines: objections to a statement are possible within statutory limitation periods.
3. Write formally: send a defect notification or clarification request by letter or email.
4. Seek dialogue: arrange a meeting with the property management to clarify open points.
5. Final step: if necessary, file a claim at the local court (eviction claim or claim for correction of the statement).

FAQ

Who sets the allocation key?

The allocation key is usually regulated in the rental contract; if there is no agreement, legal rules and common industry practice apply.^[1]

Can I dispute an incorrect operating cost statement?

Yes, you can request access to receipts and lodge an objection within the statutory deadlines.

What role does the Heating Cost Ordinance play?

The Heating Cost Ordinance regulates in particular the distribution of heating costs according to consumption and minimum shares.^[2]

Help and Support / Resources

• BGB: Civil Code – tenancy law provisions
• BetrKV: Heating and operating cost regulations
• Federal Court of Justice – tenancy rulings

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de