Choose Allocation Key: Tenant Guide Germany
As a tenant in Germany, a demand for additional operating costs can come as a surprise. Many tenants are unsure how the allocation key (distribution key) affects the amount of a back payment and which deadlines apply. This guide explains in clear language how to check the allocation key, which receipts you should request and how to respond correctly to a statement. I describe practical steps, useful notes on official regulations and which courts are responsible in case of a dispute. The goal is that as a tenant you understand your rights, recognize justified items and can act in time. At the end you will find a short FAQ, a step-by-step guide for checking and links to official information pages.
What is an allocation key?
An allocation key determines the criteria by which operating costs are distributed among tenants. Typical keys are living area, number of persons or consumption (for heating costs). The basics regarding the rental agreement and landlord duties can be found in the Civil Code (BGB), in particular §§ 535–580a.[1] Special rules on operating costs are in the Operating Costs Ordinance and for heating cost distribution in the Heating Costs Ordinance.[2][3]
Why the key matters for back payments
The allocation key determines which share of the total costs is assigned to you. An incorrect or non-contractually agreed distribution can lead to excessive demands. Therefore, first check whether the applied key corresponds to the rental agreement and whether changes between billing periods are documented.
Checklist for tenants facing a back payment
- Check deadlines: Do billing period and objection deadlines match your lease?
- Verify amounts: Does the demand match the share according to the agreed allocation key?
- Request receipts: Ask the landlord for detailed statements and original receipts.
- Check heating costs: For heating statements, pay attention to consumption readings and distribution key.
- Send a written inquiry: Formulate unclear points in writing and within deadlines.
Which forms and proofs to prepare?
To check and, if necessary, enforce your rights, collect these documents:
- Tenancy agreement with all ancillary agreements (the allocation key is often regulated there).
- Previous operating cost statements from past years for comparison.
- Payment receipts (transfers, receipts) for the relevant periods.
- Correspondence with the landlord, especially objections or inquiries.
If the landlord does not cooperate and deadlines pass, a payment-order procedure or a lawsuit may be necessary; corresponding application forms and court information can be found at the justice authorities.[4]
FAQ
- Can the landlord change the allocation key unilaterally?
- No, changes to the allocation key must be contractually agreed or approved by all tenants. Short-term unilateral changes are only possible in narrow cases and are often disputed.
- What deadline do I have to object to a statement?
- Usually the objection period is one year from receipt of the statement; however, first check your lease and the specific statement.
- Where can I turn if the landlord does not respond?
- Contact the competent local court (Amtsgericht) for tenancy disputes or local tenant advice; for legal steps, the Amtsgericht is often the first point of contact.
How-to
- Check the statement promptly: Note the date of receipt and the billing period.
- Request receipts: Ask in writing for all receipts within 14 days.
- Compare items: Check totals, distribution key and individual cost types.
- Evaluate receipts: Compare consumption values and meter readings with previous statements.
- Formulate an objection: Write a clear, dated objection and request correction.
- Legal steps: If necessary, prepare documents for the local court and file a claim.
Help and Support / Resources
- Laws Online: BGB, BetrKV, HeizKV
- Federal Court (BGH) – tenancy law decisions
- Justice Portal Germany — courts and forms
