Caretaker & Maintenance Costs: Tenants in Germany

Tenants in Germany often face questions about caretaker and maintenance costs: which costs can the landlord pass on, what deadlines apply for statements, and how should you react if a statement is incomplete or incorrect? This article explains the key steps in plain language: how to check receipts, when to file objections, and how to draft a template letter. We name relevant laws such as the BGB^[1] and the Operating Costs Ordinance^[2], show practical phrasing examples and list the competent courts and authorities. At the end you will find a practical procedure so you can check your utility bill securely and within deadlines.

What are caretaker and maintenance costs?

Caretaker costs include regular tasks like cleaning, garden care or small repairs in the building; maintenance costs relate to planned servicing of technical systems. Only allocable operating costs may appear in the utility bill. Check whether an item is listed as an allocable operating cost type according to the Operating Costs Ordinance.^[2]

Which deadlines apply?

After receiving the utility bill, tenants generally have twelve months to raise objections if the bill was delivered late. Check billing periods and the date of receipt carefully.

• Check deadlines (deadline): When was the bill delivered and does the 12-month rule apply.
• Check cost items (payment): Do the amounts match the receipts?
• Request receipts (evidence): Request original invoices or copies in writing.

How to check a bill practically?

Work systematically: compare items listed in the bill with last year’s values, check proportional allocations (living area, persons) and request missing receipts in writing. Note the date and content of phone conversations.

• Collect receipts (evidence): Gather invoices, receipts and bank statements.
• Question items (repair): Check whether repairs were actual maintenance or special repairs.
• Send written objection (form): Draft a template letter and send it by registered mail.

Template letter: brief description

A template letter should briefly list the contested items, request receipts and set a deadline (e.g. 14 days) for the landlord to respond. State facts, list exact amounts and mention the option of involving the local court if no resolution is reached. A model text helps present your rights clearly.

How-To

1. Determine deadlines (deadline): Note the date the bill was received.
2. Gather receipts (evidence): Put together all relevant documents.
3. Send objection (form): Use a template letter and send it with proof of delivery.
4. Consider legal action (court): If unclear, consider filing a claim at the local court.

FAQ

Who pays caretaker costs?

Caretaker costs can be allocated if they are agreed as operating costs in the lease or explicitly stated by the landlord.

How long do I have to object?

Check the bill; commonly there is a period of up to twelve months from receipt of the bill to file objections.

What if the landlord refuses to provide receipts?

Request the receipts in writing, set a deadline and indicate possible court steps at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Federal Court of Justice (BGH) – Rental Law Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Entscheidungen Mietrecht