Assess Janitor Charges for Tenants in Germany

As a tenant in Germany, the service charge statement can include unexpected janitor charges. Many people wonder which items are lawful, how high refund claims can be and when an objection makes sense. This text explains in clear language which services typically count as janitor charges, which records landlords must provide and how you as a tenant can check and contest unjustified demands. You receive practical steps for collecting evidence, meeting deadlines and filing a formal objection or a lawsuit at the local court. The guidance is based on German tenancy law and official regulations so you can better understand and enforce your rights in daily life. Practical templates and links to official sources are provided.

What is included in janitor charges?

Janitor charges regularly include activities that occur in and around the building. Not all tasks are automatically chargeable; what matters is whether the service is listed in the attachment to the service charge statement and contractually agreed.

• Cleaning of stairwells and common areas.
• Garden maintenance and outdoor areas.
• Minor repairs and bulb replacement.
• Winter services and path clearance.
• Administrative tasks, travel allowances and documentation.

Evidence and verification steps

Request concrete receipts and invoices, check the service period and scope and compare the items with the lease and the service charge agreement.^[1][2]

• Request evidence: invoices, payroll lists and time records of the janitor.
• Check invoice totals: Are there flat rates or itemized services?
• Verify service period: Do dates match the billing period?
• Compare with lease: Was the allocation permitted in the lease or by separate agreement?

If the landlord does not respond

If the landlord does not respond to your request, set a reasonable deadline and document the communication. Record call times and send important letters by registered mail.

• Set a deadline: Give a clear deadline (e.g. 14 days) to provide the documents.
• Object in writing: Formulate a precise objection requesting documents and send it by registered mail.
• Lawsuit at the local court: If no agreement is possible, court action may be necessary.

FAQ

Must the landlord present receipts for janitor charges?

Yes. The landlord must present the underlying invoices and accounts on request so that you can comprehend the allocation.^[1][2]

Can I withhold payments if the statement is unclear?

Withholding payments can be risky; discuss the step with tenant legal advice and document your reasons carefully.

When should I go to the local court?

If the landlord provides no evidence despite a deadline and objection, or if unjustified claims persist, the local court is competent; prior advice or mediation often helps.^[3]

How-To

1. Collect evidence: photos, invoices, emails and timestamps of services.
2. Draft a written objection requesting documents and send it by registered mail.
3. Set a reasonable deadline (e.g. 14 days) for submitting the documents.
4. If necessary, file a lawsuit at the competent local court and attach your documentation.

Help and Support / Resources

• BGB §§ 535–580a: tenancy law and landlord duties
• Operating Costs Ordinance (BetrKV): legal text and forms
• Federal Court of Justice (BGH): case law on operating costs

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de