Service Charge Audit for Tenants in Germany 2025

As a tenant in Germany it is important to check the service charge statement carefully. Many statements contain errors or impermissible items that lead to excessive additional claims. This guide explains step by step how to request receipts, understand figures, calculate reimbursements and observe deadlines. I name concrete forms and show when the local court can be involved. The guide is practical, avoids jargon and helps you to assert claims confidently or contact tenant associations. Keep documents and photos ready, note dates and respond promptly to letters from your landlord.

What is a service charge audit?

In a service charge audit you, as a tenant, check whether the statement is correct, the allocation matches the lease and only permissible items have been charged. Legal bases can be found in the Operating Costs Ordinance and in the BGB, for example regarding billing obligations and rights of inspection.^{[2] [1]}

What you should check first

1. Check deadlines (deadline): Check the date the statement was received and note the deadline for objections; internal deadlines affect possible additional claims.
2. Request receipts (document): Request complete receipts and billing documents within two to four weeks.
3. Check items (rent): Compare the individual items with the lease and the Operating Costs Ordinance; check whether heating costs are billed correctly.^[3]
4. Distinguish repairs (repair) and operating costs: Make sure maintenance costs are not charged as operating costs.
5. Draft letter (notice): Formulate the objection or request for invoice review clearly and set a deadline for presenting receipts.

Steps if the statement is incorrect

If additional claims seem too high, calculate the difference and request a refund in writing. Name specific items and attach receipts. If the landlord does not respond, you can enforce claims in court; jurisdiction is usually the local court in the first instance.^[4]

FAQ

Who bears the burden of proof for errors in the statement?

Basically, the landlord must present the statement plausibly and provide receipts; the tenant should specify concrete doubts and request receipts.

How much time do I have to file an objection?

In practice: Respond as quickly as possible. Many deadlines are within 12 months after the billing year; specific deadlines depend on the individual case and BGB rules.^[1]

How-To

1. Note deadlines (deadline): Enter receipt date and legal deadlines.
2. Request receipts (document): Request the original receipts from the landlord in writing.
3. Check charge items (rent): Check individual items for admissibility under the Operating Costs Ordinance.^[2]
4. Write objection (notice): Clearly state the disputed items and set a deadline of e.g. 14 days.
5. Consider court steps (court): If no agreement is possible, consider filing a claim under the ZPO at the competent local court after legal advice.^[5]

Help and Support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Betriebskostenverordnung (BetrKV)
• Federal Court of Justice (BGH) – decisions and information

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) — gesetze-im-internet.de
4. [4] Information on courts and jurisdiction — justiz.de
5. [5] Code of Civil Procedure (ZPO) — gesetze-im-internet.de