Operating-Cost Audit: Tenants in Germany
What is an operating-cost audit?
An operating-cost audit checks whether the utility bill presented by the landlord is factually and arithmetically correct. It helps tenants in Germany identify possible overpayments, missing receipts or incorrect allocations. Specific regulations on operating and heating costs are set out in dedicated ordinances and influence your rights and audit points[2][3]. In addition, general tenancy obligations from the BGB apply, for example regarding accounting obligations and the right to inspect documents[1].
When is commissioning worthwhile?
An audit is useful if bills are confusing, individual items look suspicious, you receive unexpectedly large back payments, or if you lack time to analyze them yourself. It is advisable for complex multi-tenant statements, extensive heating disputes or when you prefer a professional review. Legal actions follow civil procedure rules and applicable deadlines before the local court or regional court[4][5].
Which documents do you need?
Collect complete records from the start so the audit can proceed efficiently. Keep originals and chronological order.
- Gather all relevant documents (document): tenancy agreement, operating-cost statements, individual receipts and handover records.
- Bank and payment records (payment): account statements, SEPA debits and rent receipts for the billing periods.
- Heating and energy bills (heating): consumption statements, heat meter readings and any repair receipts.
- Correspondence & forms (form): letters to the landlord, objections, deadline notices and delivery confirmations.
- Photos and logs (photo): photos of meters, damages or noted meter readings and personal appointment notes.
How to commission an audit (step by step)
- Contact a certified audit service or expert and describe the case briefly (call): scope, billing years and available documents.
- Hand over documents (document): send complete copies, ideally ordered by year and cost type.
- Observe deadlines (deadline): set a response deadline for the auditor and observe statutory limitation and inspection periods.
- Receive audit report (form): request a written report listing errors, calculations and concrete correction suggestions.
- Discuss with landlord/administrator (call): present the report, demand corrections and set deadlines for adjustments.
- Prepare legal action (court): if no agreement is reached, prepare a lawsuit or eviction protection measures under civil procedure and contact the competent court.[4]
Frequently Asked Questions
- Who pays for the audit of utility bills?
- In principle, the client commissioning the audit pays the costs. In disputes, a court may order reimbursement after a successful result; check procedural options and required evidence[4].
- How long do I have to request inspection of records?
- Claims to inspect documents must be asserted within usual limitation periods; pay attention to deadlines under the BGB and specific accounting ordinances[1][2].
- Which courts are competent in disputes?
- Many tenancy disputes are handled by the local court; appeals go to the regional court, and the Federal Court of Justice decides on fundamental questions[5].
How-To
- Review the statements and mark unclear items (document).
- Check payments and match account statements to billing periods (payment).
- Verify heating costs and consumption values for plausibility (heating).
- Request missing receipts in writing and set a reasonable deadline (form).
- If disputes remain, obtain an audit report and consider legal action (court).
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
- Betriebskostenverordnung (BetrKV) — Gesetze im Internet
- Bundesgerichtshof (BGH) — Decisions on tenancy law
