Check Service Charges: Tenant Rights in Germany

As a tenant in Germany, it is important to carefully check back-payments from service charge statements. Many mistakes can be avoided with systematic review, clear documentation and knowledge of the applicable laws. This page explains in plain language which items are permissible, which deadlines apply and which official forms and authorities can help. The guidance is aimed specifically at tenants in shared flats (WGs) who often split costs proportionally, and it includes a practical checklist and concrete steps so you can avoid costly incorrect payments and assert your rights under tenancy law.

Why check back-payments?

Landlords must present operating costs transparently and provide a clear breakdown; the legal basis is found in §§ 535–580a BGB.^[1] Common errors include missing receipts, flat-rate estimates without proof, or incorrectly allocated heating costs. Check individual items, especially heating, water, garbage and caretaker costs, and request receipts if anything is unclear.

What to watch: Checklist for shared flats (WGs)

• Request receipts: Ask for original receipts for each item and check invoice numbers and periods.
• Observe deadlines: Check objection and accounting deadlines so you do not lose rights.
• Verify allocation: Do the distribution keys (floor area, number of persons) match the lease?
• Heating and hot water: Compare consumption with the previous year and check reading deadlines and billing periods.

What to do if the bill is incorrect?

First, request the receipts in writing and send a copy of your objection to the landlord. If the response is insufficient, gather evidence and contact the relevant authority. For rental law disputes, the local court (Amtsgericht) is usually competent in the first instance; for important legal questions, the regional court and BGH provide guidance.^[3]

• Write an objection: State specifically which items you dispute and request presentation of receipts.
• Document everything: Keep bank statements, payment receipts and previous statements in chronological order.
• Consider legal action: If discrepancies remain, consider legal review or filing a claim at the local court.

FAQ

Which service charges can the landlord pass on?

Chargeable costs are listed in the Operating Costs Ordinance (BetrKV); typical items include water, garbage, caretaker, building insurance and street cleaning.^[2]

How long can the landlord demand back-payments?

The billing deadline is generally 12 months after the end of the billing period, unless otherwise agreed.

What to do if receipts are missing?

Request the receipts in writing; without proof the landlord will have difficulty enforcing the costs.

How-To

1. Request receipts: Send an email or letter to the landlord listing the disputed items.
2. Check deadlines: Note important deadlines for objections or submissions.
3. Calculate your shares: Use the contract's distribution key.
4. Use templates: If needed, use a model objection letter or an official form.
5. Next steps: If unresolved, consider legal steps or contact the local court for rental disputes.

Help & Support

• Forms: Model termination and templates (BMJ)
• Court information: Local courts, regional courts, BGH
• Legal texts: BGB and BetrKV online

1. [1] BGB §§ 535–580a - Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV) - Gesetze im Internet
3. [3] Federal Court of Justice (BGH) - Official court information