Operating-Cost Audit for Tenants in Germany
As a tenant in Germany, you often check service charge statements together in shared flats or alone. Mistakes when commissioning an external audit can cost time, money and legal protection: wrong deadlines, missing receipts or an unclear audit mandate can lead to unusable results. This guide explains in plain language which mistakes are most common, which official legal bases to check and which forms or court options may be available if needed. I describe concrete steps for setting deadlines, requesting receipts and choosing a suitable auditor so tenants in Germany can have their service charges successfully reviewed. At the end you will find an FAQ, a step-by-step guide and official links to laws and courts.
Why an operating-cost audit is important
A thorough audit protects tenants from unjustified claims and helps identify excessive charges. The legal bases in tenancy law (BGB) regulate landlord and tenant duties regarding statements.[1]
In most regions, tenants are entitled to complete accounting documents.
Common mistakes when commissioning
- Missing deadlines: Not observing response and objection periods.
- Requesting incomplete receipts or failing to collect documents systematically.
- Choosing the wrong auditor: No specialization or lack of experience.
- Not clarifying costs and payment terms in advance.
- Not documenting verbal agreements, especially in shared flats.
Respond in writing and on time to protect your rights.
How to commission an operating-cost audit
Follow these steps to proceed purposefully as tenants in Germany.
- Contact a specialized audit office or the tenants' association.
- Formulate a written audit mandate and set a clear deadline.
- Request and collect all relevant statements and receipts systematically.
- Issue the audit mandate in writing (scope, fee, deadline).
- Review the result and prepare legal action at the local court if necessary [3].
Detailed documentation increases the chances of a successful review.
Official forms and when they are needed
In disputes, court action may become necessary. For a claim under the Code of Civil Procedure (ZPO) you use the standard claim procedure; information is available at the competent local court. Often a written request beforehand is sufficient. Legal bases are set out in the BGB and the Operating Costs Ordinance.[1][2]
FAQ
- Who pays for an operating-cost audit?
- Generally the commissioning party bears the costs; in many cases tenants can reclaim costs if errors are proven.
- Which deadlines must I observe?
- Check the deadlines in your statement and respond within the listed objection periods; if unclear, object in writing immediately.[1]
- What if the landlord refuses to provide receipts?
- Request production in writing and document the request; if refused, court inspection or advice via the local court may be necessary.[3]
How-To
- Make contact: reach out to an audit office or tenants' association.
- Create a written audit mandate: record scope, deadline and fee.
- Collect receipts: order statements, invoices and payment proofs chronologically.
- Set a deadline: e.g. 14 days for document submission.
- Evaluate the results: consider legal action for justified objections.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Operating Costs Ordinance (BetrKV) – Gesetze im Internet
- Information on local courts and jurisdiction
