Check Cost Allocation: Tenants in Germany

As a tenant in Germany, you are often faced with the task of checking the operating cost statement and the correct allocation key. This text explains in simple steps how to review receipts, follow calculations and identify common errors without immediately needing a lawyer. You will receive a practical checklist, guidance on official forms and deadlines, as well as tips on how to phrase inquiries to the landlord. In unclear cases, the guide shows when a conversation with the property manager is sufficient and when legal steps up to the local court are sensible. The goal is that, as a tenant, you can confidently check, document and decide which steps to take next. The guide is practical and written in clear language.

What tenants should check

Start systematically: first check whether the billing period is correct and whether the allocation keys are clearly identifiable.

• Check receipts and billing period
• Recalculate payments, advance payments and deductions
• Check cost types and distribution keys (e.g. square meters, number of persons)
• Check formal details and signatures on the statement
• Observe deadlines for objections and inquiries

Typical errors and how to spot them

Errors often occur with allocation keys or individual cost items. Look specifically for double billing, misallocated costs or missing receipts.

• Missing or incomplete receipts require an inquiry
• Calculation errors on shares can be found by simple pro-rata checks
• Unclear allocation keys (e.g. not explained: number of persons vs. area) should be questioned

Practical checklist for tenants

• Collect all relevant statements and payment receipts for the period
• Compare the stated allocation keys with the lease agreement
• Recalculate individual items spot-check
• Set a deadline for inquiries (e.g. 14 days) and document contact attempts

Legal basics briefly: Landlord obligations and tenant rights arise from the provisions of the German Civil Code (BGB) on tenancy ^[1]. The allocation of certain operating costs is governed by the Operating Costs Ordinance (BetrKV) ^[2] and for heating costs by the Heating Costs Ordinance (HeizKV) ^[3].

If the landlord does not respond

If inquiries go unanswered or receipts are refused, send a written request to present the receipts. State clearly which documents you expect and by when. If necessary, indicate that you can only review the statement after presentation.

FAQ

What deadline do I have to object to the operating cost statement?

You should respond promptly and within a few weeks if possible; formal deadlines are not always uniform, check the individual case and document your letter.

Which forms or templates can I use?

There are official template wordings for objections and inquiries; use written inquiries with specific document requests.

When is going to the local court sensible?

If there are formal errors, missing receipts or significant discrepancies and the landlord does not cooperate, clarification before the local court may be necessary.

How-To

1. Collect all relevant documents: statements, payment receipts, lease agreement
2. Recalculate sample items and compare allocation keys
3. Contact the landlord in writing with a clear deadline and document request
4. If no agreement is possible, consider enforcement at the competent local court or referral to higher instances

Help & Support / Resources

• Bürgerliches Gesetzbuch (BGB) – § 535 ff., Gesetze im Internet
• Betriebskostenverordnung (BetrKV) – Gesetze im Internet
• Federal Court of Justice (BGH) – information and decisions

1. [1] German Civil Code (BGB), § 535 ff., Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV), Gesetze im Internet
3. [3] Heating Costs Ordinance (HeizKV), Gesetze im Internet
4. [4] Information on courts and jurisdictions, Federal Ministry of Justice
5. [5] Federal Court of Justice (BGH) – information and decisions