Checklist Digital Evidence for Tenants in Germany
As a tenant in Germany, an additional charge on the service charge statement can come as a surprise. Before you pay, you should carefully check all digital records: invoices, bank statements, meter-reading protocols and electronic statements. This checklist explains which documents you may request, how to properly secure digital files and which deadlines apply so you can assert your rights. The guide is practical, easy to understand and written for tenants without legal expertise. You will learn which forms and authorities are relevant, how to formulate objections and when a visit to the local court or legal advice makes sense. Use these steps to review, document and, if necessary, contest an additional charge.
What tenants should watch for
When a landlord issues an additional charge, the following points are particularly important. Systematically check each item and note sender, date and amount.
- Check each invoice item for plausibility and consistency with the rental agreement.
- Compare meter readings and consumption figures with previous statements.
- Observe deadlines for additional claims and objections; record receipt and response dates.
- Request missing digital documents in writing (e.g. PDF invoices, meter-reading protocols, bank statements).
- Check digital signatures and PDF metadata to exclude manipulation.
- Document discrepancies with screenshots, timestamps and a short note on the facts.
Which forms and proofs you should use
There is no single central "standard objection" for service charges in Germany, but you should be familiar with the following official documents and legal texts: the Civil Code (BGB) §§ 535–580a[1] as the legal basis for tenancy relationships and the Operating Costs Regulation (BetrKV)[2] for billing obligations. When requesting documents or raising objections, do so in writing (email with read receipt or by registered mail) and attach a clear list of the missing or disputed items.
Practical forms and templates (officially referenced)
If an out-of-court resolution fails, the following steps and forms may become relevant:
- Complaint form at the local court (civil claim) — filed with the competent Amtsgericht.
- Application for interim relief (if urgent action is required).
- Assemble written evidence: digital invoices, bank statements, meter-reading protocols and email correspondence.
Steps to contest an additional charge
The following procedure has proven useful when you want to review and possibly contest an additional charge.
- Request all relevant digital documents in writing and specify missing evidence.
- Secure received files unchanged: save original PDFs, export metadata and create a clear filing order.
- Record all deadlines and responses; react within the set period, otherwise claims can be deemed accepted.
- Draft a written objection with reasoning and attached evidence references and send it by email and registered mail.
- If necessary: file a lawsuit at the competent local court; check procedure and potential costs in advance.
FAQ
- What can I request during digital evidence inspection?
- You may request all billing documents that form the basis of the additional charge: invoices, meter-reading protocols, contracts with service providers and bank statements.
- How long do I have to respond to a service charge statement?
- Check the statement immediately; landlord claims for additional charges generally become statute-barred after three years, but respond promptly to preserve evidence.
- When should I involve the local court?
- If the landlord does not respond to your substantiated objections and significant amounts are involved, filing a claim at the competent local court may be appropriate.[3]
How-To
- Draft a letter: Request all missing digital documents specifically and set a deadline of about 14 days.
- Secure documents: save PDFs, take dated screenshots and export metadata/logs.
- Monitor deadlines: record receipt and response times in a simple log.
- Send objection: Write a concise, factual objection with references to evidence and send by registered mail.
- Court action: Prepare an evidence file and, if necessary, file a claim at the local court.
Key Takeaways
- Secure digital records unchanged and in chronological order as proof.
- Note and respect deadlines; respond in writing within set timeframes.
- Request missing documents in writing and keep clear communication records.
Help and Support / Resources
- [1] Civil Code (BGB) §§535–580a — Gesetze im Internet
- [2] Operating Costs Regulation (BetrKV) — Gesetze im Internet
- [3] Information on courts and jurisdictions — German Justice Portal
- [4] Federal Court of Justice (BGH) — Case law on tenancy