Check Allocation Keys for Tenants in Germany

As a tenant in Germany, it is important to check the allocation key in the service charge statement to ensure you only pay the correct share of operating costs. Many tenants overlook incorrectly allocated items or deadlines for objections; this article explains plainly what an allocation key is, which deadlines apply and which official forms and courts you can use in a dispute. You will get concrete checking steps, tips on documentation and examples of how an objection or formal request to the landlord can look. I also list key legal bases and practical sample notes so you do not miss deadlines and are prepared for the local court.

What is the allocation key?

The allocation key determines how operating costs are distributed among tenants. It can be based on living area, number of persons or other contractually agreed criteria. The basic rules for tenancy agreements and the landlord's duties are in the German Civil Code (BGB).^[1] Specific rules for certain types of operating costs are set out in the Operating Costs Ordinance (BetrKV).^[2]

How tenants check the allocation key

• Check deadlines: first check the deadlines stated in your service charge statement and note the date of receipt.
• Collect documents: request receipts and meter readings from the landlord and save copies, invoices and photos.
• Use forms: use a written template for an objection or a request for explanation to preserve deadlines.
• Check invoices: compare listed cost items with invoices and verify whether costs were allocated correctly.

Forms and templates

There is no single nationwide mandatory form number for objections to service charge statements, but the Federal Ministry of Justice provides general forms and guidance. For terminations there are sample letters that can be used as templates; a written objection should include the date, reasons and a deadline for a response. Example: "I hereby object to the service charge statement dated [date] due to unclear allocation items and request that the receipts be provided by [date]."

What to do in a dispute: local court and beyond

If the conflict cannot be resolved amicably, the local court (Amtsgericht) is usually competent; rental disputes such as rent reduction, termination or eviction proceedings are heard there. Prepare files, photos, correspondence and receipts before considering legal action.^[3]

FAQ

Who bears the burden of proof for operating costs?

The landlord must present the service charge statement in a comprehensible way; tenants should request receipts and keep their own documents.

How long do I have to object?

Check the deadline stated in the statement; common objection periods are often 12 months after receipt for additional claims, but act as soon as possible.

Can the landlord change the allocation key retroactively?

A retroactive change is only effective if it was contractually agreed or if both parties agree; check your tenancy agreement and document any agreement in writing.

How-To

1. Check deadlines and note when the statement was received.
2. Collect receipts, meter readings and photos and file them chronologically.
3. Submit a written objection and set a deadline for a response.
4. If necessary, prepare and file a claim at the competent local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535
• Betriebskostenverordnung (BetrKV)
• Federal Court of Justice (BGH) – information and decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) §535
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Bundesgerichtshof (BGH) - general information