Assessing Janitor Charges: Tenants in Germany

Many tenants in Germany face demands for back payments related to janitor or property management costs and are unsure whether they are justified. This practical guide explains clearly how to review janitor charges, request receipts, file formal objections and achieve possible reductions. You will learn which deadlines apply, which sections of the BGB or the Operating Costs Ordinance are relevant, which documents serve as evidence and how going to the local court (Amtsgericht) works if a resolution is necessary. Concrete sample wordings and pointers to official forms help to file complaints correctly. The goal is to give tenants in Germany clear steps so that back payments can be checked for accuracy and unnecessary payments avoided.

How to review janitor charges

Start with the bill itself: compare the billing period, the total costs and the allocation key with your lease. Check which items of the janitor's work are listed in the operating costs statement (e.g. cleaning, garden maintenance, winter services). If items are unclear, tenants have the right to request inspection of invoices and receipts.^[1]

Documents you should request

• Original invoices and itemized receipts from the janitor or property manager.
• Contracts or service agreements with the janitor.
• Billing period and proof of which months the costs relate to.
• Breakdown of how costs were allocated to tenants.

Formal objections and deadlines

Tenants have the right to object within twelve months after receipt of the operating costs statement if they suspect errors. Document precisely which items you dispute and send the objection in writing by registered mail. Refer to the specific item in your letter and request an explanation or correction. For legal basis, §§ 535 ff. of the BGB and the Operating Costs Ordinance are relevant.^[1][2]

Check for reasonableness and double charging

Some costs can be doubled or charged incorrectly (e.g. capital expenditures instead of running operating costs). Check whether investments or administrative fees are improperly listed as billable. If suspected, request a detailed breakdown per calendar year.

If the landlord insists on payment

If the landlord insists on the claim, first send a factual suspension or partial payment indicating that the items are being reviewed. Specify deadlines for submitting receipts and state that you will approach the Amtsgericht if no resolution is reached. The Amtsgericht is the first judicial instance for tenancy disputes in Germany.

If it goes to court

Before filing a lawsuit, discuss chances of success with an advisory service or tenant advice center. If a lawsuit is necessary, the Amtsgericht is competent; appeals go to the Landgericht and, in some cases, to the Federal Court of Justice. Prepare all receipts, correspondence and a clear list of your objections. Observe the rules of civil procedure (ZPO) for filing and deadlines.^[3]

Frequently Asked Questions

Can I refuse back payments for janitor costs?

You can refuse payment wholly or partially if the statement is incorrect or receipts are missing; document your objections and inform the landlord in writing.

What deadline applies for objections to the operating costs statement?

As a rule, objections should be raised as soon as possible and at the latest within the billing deadlines; formally the twelve-month review period after receipt of the statement is relevant.

Which authority or court is responsible in case of dispute?

For tenancy disputes, the competent local court (Amtsgericht) is first responsible; further appeals follow to the Landgericht and the Federal Court of Justice.

How-To

1. Request all invoices and contracts from the landlord in writing.
2. Check the statement for allocability and period accuracy.
3. Draft a written objection listing specific items and a deadline.
4. Seek tenant advice or legal consultation if needed.
5. If unresolved, file a claim at the Amtsgericht with all evidence.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Full text
• Operating Costs Ordinance (BetrKV) – Full text
• Federal Ministry of Justice and Consumer Protection (BMJV)

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1. [1]Gesetze im Internet — BGB §535
2. [2]Gesetze im Internet — Betriebskostenverordnung
3. [3]Bundesministerium der Justiz und für Verbraucherschutz (BMJV)