Common Errors: Non-allocable Costs for Tenants in Germany

As a tenant in Germany, it is important to avoid common mistakes regarding non-allocable costs. Many renters overlook items in the service charge statement or do not know when supplementary claims are permissible. This article clearly explains which costs generally cannot be passed on to tenants, how to review a statement and which deadlines apply for supplementary claims. You will receive practical steps for documentation, sample letters and guidance on going to court if clarification becomes necessary. The language is plain so you can confidently decide whether to object, claim back costs, or seek legal help.

What are non-allocable costs?

Non-allocable costs are expenses of the landlord that, according to law, may not be shifted to tenants. The duties of landlord and tenant are fundamentally governed by the German Civil Code (BGB §§ 535–580a).^[1] For details on which individual items count as operating costs, the Operating Costs Ordinance (BetrKV) is decisive.^[2]

• Administrative costs that do not fall under the BetrKV.
• Maintenance and repair costs for preserving the building's value.
• Private expenses of the landlord without contractual basis.
• Costs of enforcing legal claims by the landlord (often not allocable).

How to check a statement

First check whether the charged items are listed in the BetrKV and whether the calculation is transparent and comprehensible.^[2] There are special rules for heating and hot water costs in the Heating Costs Ordinance.^[3] Also pay attention to the billing deadline: many statements must be issued within twelve months after the end of the billing period.

• Check deadlines: Was the statement prepared within twelve months?
• Request evidence: Ask for copies of invoices, contracts and meter readings.
• Formulate an objection: Send a written objection with reasons and a deadline.

If the landlord issues a supplementary claim, check whether it is formally and substantively correct. Clarify questions about the statement in writing and request the necessary supporting documents.

Forms, templates and court steps

There is no uniform nationwide form for objecting to a service charge statement. Sample letters and forms for terminations or other submissions can be found on the official pages of the Federal Ministry of Justice.^[4] For court proceedings, such as filing a lawsuit or eviction claim, use the forms and information of your competent local court (Amtsgericht).^[5]

Example: You receive a supplementary claim of €350 for "administration costs." Check whether this item is listed in the BetrKV. Within two weeks, request copies of the invoices by registered mail and send a reasoned objection. If the matter is not resolved, you can file a lawsuit at the local district court.

FAQ

Can the landlord demand all costs at any time?

No. Supplementary claims must be comprehensible, relate to allocable items and be made within statutory deadlines.^[2]

What deadline applies to the statement and supplementary claims?

The statement must generally be issued within twelve months after the end of the billing period; later supplementary claims may be inadmissible in some cases.^[2]

Where can I turn if the landlord does not respond?

First seek a conversation, document everything and involve legal assistance if necessary; the district court (Amtsgericht) is responsible for court proceedings.^[5]

How-To

1. Check deadlines: Note the date of the statement and the period for objections.
2. Collect evidence: Assemble copies of statements, invoices, meter readings and correspondence.
3. Object in writing: Draft a reasoned objection and send it by registered mail.
4. Contact the landlord: Talk to the landlord or property manager and request missing evidence.
5. Final step: If necessary, file a lawsuit at the district court and cite the relevant legal provisions.^[1]

Help and Support / Resources

• BGB §§ 535–580a – Gesetze im Internet
• BetrKV – Operating Costs Ordinance
• Justizportal – Court information

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1. [1] BGB §§ 535–580a – Gesetze im Internet
2. [2] Operating Costs Ordinance (BetrKV) – Gesetze im Internet
3. [3] Heating Costs Ordinance (HeizKV) – Gesetze im Internet
4. [4] Federal Ministry of Justice – Forms and Service
5. [5] Justice Portal – National Court Information