Operating-Cost Audit 2025: Tenant Rights in Germany
As a tenant in Germany, you should regularly check your service charge statement to spot errors or unjustified items. Careful review helps avoid excessive claims and allows you to request specific evidence from the landlord. This article provides a practical checklist, the relevant legal bases such as the German Civil Code and the Operating Costs Regulation, notes on heating cost statements, and concrete steps up to filing a claim at the local court. We explain terms simply, name official forms and show which deadlines you must observe so you can effectively assert your rights as a tenant.
When is an operating-cost audit worthwhile?
An audit is worthwhile if total costs rise sharply, individual items look unusually high, or the allocation key is unclear. Typical errors include rounding mistakes, incorrect allocation keys or duplicate charges. Scrutinize the statement carefully and request receipts if anything is unclear. Legal bases include the German Civil Code (BGB), the Operating Costs Regulation (BetrKV) and the Heating Costs Ordinance (HeizKV).[1][2][3]
Step-by-step: Gather documents
- Collect the annual statement and the itemized receipts from the landlord.
- Compare cost items (e.g. garbage, water, janitor) with previous statements.
- Check whether advance payments and credits were correctly offset.
- Request the heating cost statement and metering data if heating costs are affected.
If the landlord refuses to provide receipts or does not deliver them in full, you may refuse to consent to a payment demand until the documents are presented. Continued refusal may require a formal request or a lawsuit.
Typical errors and how to spot them
- Unclear allocation keys: check for square meter figures or number of occupants as allocation basis.
- Duplicate or missing receipts: do the sums in receipts match the total statement?
- Incorrectly assigned special costs: maintenance costs are not always chargeable to tenants.
If you find an error, document it precisely: page references, item name, amount and reasoning why it is wrong. Then send a written request to the landlord with a deadline.
Deadlines and formal steps
- Review the statement within 12 months, as claims are often time-sensitive.
- Send a formal request to the landlord and ask for receipts; set a 14-day deadline.
- If there is no response, contact tenant advice centres or the competent local court for clarification.
What to do if the landlord does not cooperate?
If the landlord does not provide documents despite a deadline or the claim is unjustified, consider these steps: objection by registered letter, involving tenant advice services or preparing a lawsuit at the local court. The local court usually has jurisdiction for tenancy disputes; higher instances are the regional court and, for precedent cases, the Federal Court of Justice.[4]
FAQ
- Who pays for the operating-cost audit?
- In principle, the landlord bears the costs of preparing the statement; an audit by an external party may initially be borne by the tenant, and costs may be reimbursable if errors are proven.
- Which documents can I request from the landlord?
- You may request all documents relevant to the statement, such as invoices, contracts with service providers and the heating cost statement.
- How long do I have to contest an operating-cost statement?
- Review the statement promptly; many claims are relevant within three years, but exact deadlines depend on the individual case and the type of claim.
How-To
- Note the date you received the statement and check deadlines.
- Gather all relevant receipts and create a comparison list of items.
- Request missing receipts from the landlord in writing and set a clear deadline.
- If necessary, prepare a claim at the competent local court or seek legal advice.
Help and Support
- BGB § 535 et seq. – Gesetze im Internet
- BetrKV – Operating Costs Regulation (Gesetze im Internet)
- HeizKV – Heating Costs Ordinance (Gesetze im Internet)
