Choosing Allocation Keys: Tenant Tips for Germany
Many tenants in Germany face the question of how an allocation key (Umlageschlüssel) for service charges should be chosen correctly and which mistakes can have costly consequences. This text explains in plain language which points you should check, which legal bases are relevant, and how to avoid common mistakes with sample letters and a short checklist. You will receive concrete action steps for communication with the landlord, tips for documenting payments and statements, and information about which courts and laws are responsible for disputes. Practical examples show how a checked sample letter can look and when legal review is advisable.
Common mistakes when choosing the allocation key
Mistakes in the allocation key often lead to unclear statements or higher claims by the landlord. Pay attention to the following points and check the statement systematically.
- Unclear billing period or missed deadlines (deadline).
- Service charges incorrectly distributed by person or area (payment).
- Repair costs mistakenly stated as allocable (repair).
- Missing receipts and inability to verify documents (form).
- No comprehensible breakdowns or incorrect summations (document).
Which legal rules apply?
The most important legal bases are the provisions of the German Civil Code (BGB), in particular §§ 535–580a, as well as the Ordinance on Operating Costs (BetrKV) and the Heating Costs Ordinance (HeizKV). These rules state which costs the landlord may pass on at all and how the statement must be prepared[1][2].
Practical checklist before signing or objecting
Use this short checklist before you agree to a statement or draft an objection.
- Does the billing period match the lease (form)?
- Are the types of costs clearly named and permissible (payment)?
- Are receipts available and verifiable (document)?
- Was the statement presented on time (deadline)?
If you find errors, first send a short, factual objection to the landlord. A sample letter can clearly state which items you consider incorrect and which receipts you request.
Sample letter: Objection to the service charge statement
Use the following structure for a short, polite letter to the landlord: date, address, subject "Objection to the service charge statement for the period ...", clear justification (e.g. "missing receipts for heating costs"), specific demand (inspection, correction) and a two-week deadline. Send the letter by registered mail or hand it over against a receipt.
When is the local court (Amtsgericht) competent?
For disputes about service charge statements, tenants can file a lawsuit at the competent Amtsgericht; higher instances are the regional court (Landgericht) and, if applicable, the Federal Court of Justice for legal precedent[3]. Before filing suit, legal advice or inquiry at an official advice centre is usually recommended.
FAQ
- What is an allocation key?
- An allocation key determines how service charges are distributed proportionally, for example by living space or number of persons.
- Can the landlord change the allocation key unilaterally?
- A change is only possible if the lease permits it or both contracting parties agree.
- What deadline do I have to object to the statement?
- Check the statement immediately; there is no fixed statutory objection period, but deadlines for asserting claims may be relevant.
How-To
- Check the statement immediately for completeness and plausibility.
- Request missing receipts in writing.
- Compare the cost types with the BetrKV and note discrepancies.
- Send an objection with a deadline and, if necessary, use a sample letter.
- If the dispute is unresolved, consider filing suit at the local court (court).
Help and Support
- Gesetze im Internet – Legal sources (BGB, BetrKV, HeizKV)
- Federal Court of Justice – Case law on tenancy law
- Justice portal – Information on courts and jurisdiction
