Cost Allocation 2025: Tenants' Rights in Germany

Many tenants in Germany face new cost allocations in 2025, for example after modernizations or changed operating costs. If the bill seems unclear to you or items are missing, you as a tenant can examine the statement and, if necessary, contest it. This guide explains in plain language which legal bases apply, which deadlines you must observe and how to submit a written objection. I describe common errors in statements, required evidence and which courts or authorities are responsible. The aim is to strengthen tenants' rights and provide practical tips — including sample actions, official forms and concrete steps for a successful challenge in Germany. I also show which documents you should collect and how to prove deadlines.

What does the 2025 cost allocation mean?

The cost allocation states which costs the landlord passes on to the tenants proportionally. These include operating costs, heating costs and, in certain cases, modernization costs. Legal frameworks can be found in the BGB and in special regulations such as the BetrKV and the HeizKV^[1][2][3]. Always check whether the landlord has provided the statement with a transparent breakdown and whether advance payments have been correctly offset.

When can tenants contest the allocation?

• If deadlines for the statement or additional payments were not met (within deadline or formal errors).
• If modernization costs are assigned incorrectly or non-allocable repairs are listed.
• If receipts are missing or items are not comprehensible (documents, invoices, consumption data).
• In case of obvious overcalculation of ancillary costs or incorrect distribution keys.

How do I file an objection as a tenant?

A formal objection should be submitted in writing; the landlord names deadlines in the statement or they arise from the circumstances. Specify the contested items, request inspection of the receipts and set a reasonable deadline for correction or clarification. If necessary, demand a corrected statement.

• Check the deadline: Respond within the stated period (within 2 weeks or the deadline named in the statement).
• Send the objection in writing (form): Describe the concrete objections and request receipts.
• Collect evidence: Copies of invoices, payment receipts, meter readings and photos as proof.
• If no agreement: Consider filing a lawsuit at the competent local court (court) where tenancy disputes are heard.
• Check costs: If finances are tight, you can apply for legal aid (PKH); the relevant forms are available.

If you are unsure, document every step: proof of dispatch, emails and personal notes about conversations are important. In disputed cases it is often useful to consider a lawyer's letter or mediation before court action.

Checklist for tenants

• Have you received a full breakdown of the costs?
• Are modernization and repair costs properly separated?
• Was the statement prepared and delivered on time?
• Do distribution keys and consumption values match?

FAQ

Can the landlord pass modernization costs on to me?

Yes, under certain conditions modernization costs can be passed on proportionally. The decisive factors are contractual agreements and statutory provisions; check the detailed breakdowns in the statement.^[1]

What deadline do I have for an objection?

There is no uniform statutory deadline for every objection; however, respond as soon as possible and within the period stated in the statement or within short deadlines to meet proof obligations.

Where can I turn if no agreement is reached?

In disputes, the competent local court (Amtsgericht) is the first instance; higher legal questions may involve regional courts and possibly the BGH.^[4]

How-To

1. Check the statement immediately and note discrepancies (within 14 days recommended).
2. Submit a written objection (form) with a clear list of contested items and request receipts.
3. Gather all relevant documents: invoices, meter readings, photos and payment receipts.
4. If there is no solution: Consider filing a lawsuit at the local court (court) or seeking legal advice.
5. Check eligibility for legal aid (PKH) and submit the necessary forms if required.

Help and Support / Resources

• Federal Court of Justice (BGH) - Decisions on tenancy law
• Justice Portal Germany - Information on courts and responsibilities
• Gesetze im Internet - BGB, BetrKV, HeizKV and other legal norms

1. [1] BGB §535ff — Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
3. [3] Heizkostenverordnung (HeizKV) — Gesetze im Internet
4. [4] Justice Portal Germany — Court responsibilities
5. [5] Service.Bund.de — Forms and information on legal aid (PKH)