Service-charge Audit for Tenants in Germany

As a tenant in Germany, a service-charge audit can help uncover excessive demands or incorrect statements. This guide explains in plain language the rights you have under the BGB, the official rules of the operating costs regulation, and sensible steps if you doubt your utility bill. You will learn which documents are important, how to collect evidence, how and when to file an objection, and which courts or authorities to contact. Practical examples show how to draft an objection letter and when legal-aid or court-fees support is useful. The aim is to give tenants in Germany clear, safe steps including form guidance and contact recommendations.

What is a service-charge audit?

A service-charge audit is the systematic review of your utility statement for formal correctness, complete receipts and correct apportionment keys. Rights and duties of landlord and tenant on service charges are in §§ 535–580a BGB.^[1] The Operating Costs Regulation (BetrKV) determines which costs are billable to tenants.^[2]

Important documents

• record: All receipts and original invoices (heating, water, waste, janitor).
• form: Tenancy agreement with clauses on service charges and apportionment keys.
• rent: The latest service-charge statement and previous years for comparison.
• evidence: Correspondence with the landlord, proof of payment and meter readings.

How do I order an audit?

1. Within 12 months: Check the statement promptly and note discrepancies.
2. Letter: Request the receipts from the landlord by letter or email and set a deadline for submission.
3. Documentation: Copy all incoming receipts and record meter readings.
4. Advice: Contact a tenant advice center or legal service; check eligibility for legal-aid or court-fee assistance.
5. Court: If no agreement, you can file a claim at the local court (Amtsgericht) or formally request clarification in writing.

What to do in a dispute?

If the landlord does not present receipts or the demands remain unclear, document deadlines and responses. You can send a formal complaint or objection and, if necessary, consider legal action. The local court (Amtsgericht) usually handles tenancy disputes; appeals go to the regional court and possibly the Federal Court (BGH).

Frequently Asked Questions

Can I reject a service-charge demand?

Yes, if receipts are missing or mistakes are visible. Request receipts, document your objections and give the landlord a deadline to correct the statement.

What deadlines apply to the statement?

The statement must generally be issued within one year after the end of the accounting period; check your specific tenancy agreement.

How-To

1. Review the statement immediately upon receipt and note discrepancies.
2. Draft an informal objection and request receipts within a clear deadline.
3. Gather evidence: payment proofs, meter readings and correspondence.
4. Use tenant advice services or apply for legal-aid/PKH if costs are an issue.^[3]
5. If unresolved, file a claim at the competent local court (Amtsgericht).

Key takeaways

• Check receipts carefully and compare with previous years.
• Request receipts in writing and set clear deadlines.
• Seek advice early from tenant organizations or legal aid.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Betriebskostenverordnung (BetrKV) – Gesetze im Internet
• Forms & guidance for legal aid/PKH – BMJV

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) – Gesetze im Internet
3. [3] Forms & guidance for legal aid/PKH – BMJV