Assess Janitor Fees: Tenant Rights in Germany
What to do about high janitor fees?
Janitor fees are part of the allocable service charges if agreed in the lease and if the items are clearly listed. First check whether janitor services appear in the service charge statement and whether the billed tasks are actually typical janitor duties. Legal bases include the Betriebskostenverordnung and the Bürgerliches Gesetzbuch[1][2].
Step-by-step check
- Request receipts (evidence): request detailed invoices, time records and contracts from the landlord.
- Check payments and back charges (payment): compare billed amounts with advance payments and check totals and allocations.
- Inspect repairs and services (repair): check whether services are maintenance or allocable service charges.
- Observe deadlines (deadline): respond within common time limits; delays can reduce your rights.
Typical errors in statements
Often costs are distributed as a lump sum or private expenses are included. Watch for these issues:
- Unclear or missing descriptions of janitor services.
- One-off repairs billed as service charges.
- Missing receipts or sums that cannot be traced.
When is a back charge justified?
A demand for payment is justified if the advance payments were insufficient and the statement is correct and comprehensible. The landlord must present the statement within twelve months after the end of the accounting period, otherwise claims may be lost. If in doubt, court questions can be decided at the local court; appellate instances are the regional court and the Federal Court of Justice[3][4].
How-To
If you want to file an objection, proceed systematically:
- Request receipts (evidence): ask the landlord for complete documentation within 14 days.
- Check (payment): compare statement items with the lease and previous statements.
- Prepare an objection letter (form): send a formal letter with reasons to the landlord; use template letters from the ministry if available[5].
- Final clarification in court (court): if necessary, file suit at the competent local court.
Key Takeaways
- Always request full receipts for the service charge statement.
- Distinguish between allocable service charges and non-allocable repairs.
- Use formal templates for objections and document deadlines.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- Betriebskostenverordnung (BetrKV) – gesetze-im-internet.de
- Bundesgerichtshof (BGH) – bundesgerichtshof.de