Choosing Allocation Keys Correctly for Tenants in Germany

Many tenants in Germany face the challenge of checking service charge statements and identifying the correct allocation key. This is important because an incorrect allocation key can lead to excessive charges or overpaid costs. As a tenant, you should know which rules apply in the Operating Costs Ordinance and the BGB, how consumption values are distributed, and what deadlines exist for objections or claims. In this guide I explain in plain language which typical mistakes occur, how to systematically check statements and which official forms and courts are relevant. The tips help you identify incorrect items and effectively assert your rights in Germany.^[1][2]

Why the allocation key matters

The allocation key determines how costs (e.g. heating, water, common electricity) are distributed among tenants. An unsuitable key can disadvantage individual parties and give rise to claims for repayment. Therefore check whether the key named in the rental agreement matches the type of cost and whether consumption values were used correctly. If in doubt, the local court can decide or there are higher court rulings that provide interpretation guidance.^[1][3]

Common mistakes when choosing the allocation key

• Applying a flat key to consumption-dependent costs such as heating.
• Incomplete or missing consumption data preventing fair distribution.
• Missing deadlines for objections or appeals.
• Missing or unclear information in the service charge form.

How to check a statement systematically

1. Compare the allocation key named in the lease with the statement.
2. Request missing receipts and consumption values from the landlord and collect all invoices.
3. Recalculate major items such as heating and hot water separately.
4. Observe objection deadlines and respond in writing on time.
5. If necessary, prepare documents for a claim at the local court.

If you find formal errors, send the landlord a written request for correction and a deadline to submit missing documents. Use a simple written statement or a template that lists the necessary points (exact items, amounts, deadline). If no agreement is reached, a clarification before the local court may be necessary; beforehand a documented exchange of correspondence often helps.

How-To

1. Check the lease first for the allocation key.
2. Request complete receipts and consumption values in writing.
3. Recalculate the main items (heating, water).
4. Set a written deadline for correction and document communication.
5. In case of dispute, prepare a claim at the local court and present documents in order.

Frequently Asked Questions

What can I do if the allocation key was applied incorrectly?

Check the statement, request receipts, set a deadline for correction and involve the local court if necessary.^[3]

Do I have to pay immediately if I have doubts about the statement?

You should retain justified portions and file a written objection, observing deadlines.

What statutory rules apply to allocation keys?

Relevant provisions are found in the BGB as well as in the Operating Costs Ordinance and the Heating Costs Ordinance.^[1][2]

Help and Support / Resources

• BGB full text — Gesetze im Internet
• Operating Costs Ordinance (BetrKV) — Gesetze im Internet
• Federal Court of Justice (BGH) — information and decisions

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Information and Decisions