Choosing Allocation Keys for Tenants in Germany

As a tenant in Germany, it is important to know how operating and ancillary costs are distributed. The allocation key determines which tenants pay which share of costs such as heating, water or janitorial services. Errors in selection or incorrect statements can lead to excessive claims. This guide explains in plain language which allocation keys are common, which legal bases apply and how you can check step by step whether your statement is correct. You will receive a practical checklist, notes on deadlines and forms as well as examples of how to formulate justified objections. At the end you will find links to official statutes and competent courts in Germany. The information is aimed specifically at tenants.

What is an allocation key?

The allocation key determines how landlords distribute operating costs to tenants. Typical keys are living area, number of persons or consumption. Legal bases include the German Civil Code (BGB) and the Operating Costs Ordinance and the Heating Costs Ordinance.^[1][2][3] If in doubt, check your rental agreement: it must state the billing method or refer to an ordinance.

Checklist: How tenants check the allocation key

• Check deadlines: Verify whether the operating-costs statement was delivered within one year after the accounting period ended.
• Collect documents: Gather heating bills, meter readings and receipts.
• Compare allocation keys: Check whether your lease uses living area, number of persons or consumption as key.
• Verify cost shares: Recalculate using the stated distribution to see if assigned amounts are correct.
• Check forms: Use official complaint or objection forms from the judiciary if you want to object.

Practical cases: When is which key justified?

In apartment buildings without individual heating meters, landlords often use living area as the allocation key. With individual meters or consumption-based systems, the consumption key is common. Some costs, like janitorial or garden maintenance, are distributed by living area. If the keys used in the statement do not match the rental agreement or the applicable ordinance, you can file an objection and request supporting documents.

Forms, deadlines and court steps

Objection: First send a written, dated objection to the landlord with specific reasons and a deadline. If documents are missing, request them in writing. If the issue cannot be resolved amicably, a claim can be filed at the local court. Procedural rules for lawsuits are in the Code of Civil Procedure.^[4]

How-To

1. Check deadlines: Determine the date the statement was received and calculate objection deadlines.
2. Collect documents: Prepare copies of all relevant invoices, meter readings and the rental contract.
3. Write an objection: Draft a short, factual objection with reasons and a deadline.
4. Contact the landlord: Send the objection by registered mail and seek a discussion.
5. Court resolution: If necessary, prepare and file a claim at the competent local court.

FAQ

What is an allocation key?

The allocation key determines by which rule operating costs are distributed among tenants, e.g. living area, number of persons or consumption.

Can the landlord change the allocation key without consent?

No. Changes must be contractually agreed or based on a legal ground; otherwise tenants can object.

How do I proceed if I believe the statement is wrong?

Gather evidence, check deadlines, file a written objection and, if necessary, involve the local court.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Operating Costs Ordinance (BetrKV) – Gesetze im Internet
• Heating Costs Ordinance (HeizKV) – Gesetze im Internet

---

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
3. [3] Heizkostenverordnung (HeizKV) — Gesetze im Internet
4. [4] Code of Civil Procedure (ZPO) — Gesetze im Internet