Check Non-Allocable Costs — Tenants in Germany

As a tenant in Germany, unexpected additional charges in the service charge statement can be stressful. Many tenants do not know which costs can actually be passed on and therefore get into disputes with the landlord. This guide explains in plain language which items may not be allocated to tenants, which typical errors occur in statements and how to systematically check additional charges. You will receive practical checking steps, tips on receipts and deadlines, and guidance on when a formal objection or involving the local court makes sense. I also explain important laws such as the BGB and the Operating Costs Ordinance in understandable language and link to official sources for templates and court decisions. Read on to find concrete checking steps and sample wordings.

What are non-allocable costs?

Non-allocable costs are expenses of the landlord that, according to statutory rules, may not be distributed to tenants. The legal foundations for tenancy obligations and accounting obligations are found in the BGB^[1] and in the Operating Costs Ordinance, which lists exactly which types of costs are considered allocable^[2]. Costs for pure maintenance, advertising or administration are generally not allocable; exceptions must be clearly regulated in the contract.

Common errors with additional charges

• Charging repair costs as operating costs when they are maintenance
• Missing or incomplete receipts and receipt numbers
• Not observing deadlines for claims or objections
• Unclear or incorrectly applied allocation keys

What you should check systematically

Go through the statement line by line: compare the stated costs with the invoices, check whether the cost items are named in the Operating Costs Ordinance and whether the allocation key is explained transparently. Pay special attention to heating cost statements, as special rules apply under the Heating Costs Ordinance^[3]. Note discrepancies in writing, collect copies of all receipts and photos and keep a simple cost list for overview.

Sample forms and judicial jurisdiction

Typical forms that tenants use include a formal objection to the service charge statement or a letter requesting receipts. A termination letter according to BMJ guidelines may be relevant in cases of serious contractual breaches; templates and notes can be found in official sources. If no agreement is possible, the local court (Amtsgericht) is responsible for tenancy disputes; higher instances are the regional court and ultimately the Federal Court of Justice for precedents^[4].

FAQ

Which costs may landlords generally not allocate to tenants?

Generally non-allocable are administration costs, advertising costs and pure maintenance expenses unless they are expressly contractually agreed.

How long must I keep receipts?

Keep receipts and statements for at least two years, preferably longer if additional claims are possible.

What to do if the landlord does not provide receipts?

Request the receipts in writing, set a deadline and, if necessary, consider legal steps or advice at the local court.

How-To

1. Check deadlines: note the billing date and statutory deadlines.
2. Collect receipts: gather and copy all invoices, receipts and proof of payments.
3. Write an objection: formulate in writing which items you dispute and why.
4. Consider legal steps: if no agreement, inform the competent local court or seek legal advice.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
• [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) — gesetze-im-internet.de
4. [4] Bundesgerichtshof (BGH) — bundesgerichtshof.de