Cost Allocation Keys for Tenants in Germany

As a tenant in Germany, you will often encounter the allocation key on the utility bill: How are costs distributed fairly, what rights do you have, and which formulas apply legally? This guide explains in plain language which allocation keys are common, how to check the calculation and which evidence you can request from the landlord. I describe typical deadlines, relevant statutory provisions in the BGB and the Betriebskostenverordnung, as well as practical steps for documentation, sample forms and guidance on proceedings before the local court. The goal is that you, as a tenant, can make secure decisions and confidently review and, if necessary, challenge your utility bill in Germany. I also name which court decisions are important, how the Heating Costs Ordinance applies and where to find official forms.

What is an allocation key?

The allocation key determines according to which distribution key operating costs are allocated to tenants. The legal bases are the Civil Code (BGB) and the Operating Costs Ordinance (BetrKV)^[1][2]. In many cases the rental agreement regulates which key applies; it may also contain special agreements. Important: the chosen distribution must not be arbitrary and must be calculated in a comprehensible way.

Common allocation keys

• Area-based: allocation by living area (sqm) — most common method.
• Per-person: allocation by number of occupants, sensible for person-related consumption costs.
• Consumption-based: billing via meter readings (e.g., heating, water).

Checking the bill

When you receive the utility bill, first check whether the allocation key is in the rental agreement and whether the bill discloses the calculation method. Request receipts and invoices in writing, document meter readings and compare with previous years.

• Request receipts: ask for all receipts and invoices in writing.
• Use forms: use a short written letter to formally request receipts.
• Observe deadlines: objections should be made promptly; check statutory and contractual deadlines.
• Document contact: keep phone calls and responses in writing.

Forms and deadlines

There is no single "official form" for reviewing a utility bill. However, if you need to take legal action, standardized procedural forms are relevant: a payment order (Mahnantrag) or the complaint form for the civil procedure at the local court (ZPO) are common routes. Example: if the landlord does not respond to your request for receipts, after setting a deadline you may consider a payment order or file a lawsuit at the local court; for this you use the court's complaint forms and refer to the applicable ZPO provisions^[4].

If there is a dispute: courts and templates

Tenancy disputes in first instance are heard by the local court; higher courts may include regional courts or the Federal Court of Justice (BGH). In letters, state concrete figures, attach receipts and refer to §§ 535–580a BGB and the BetrKV^[1][2]. A clear presentation of the calculation and the allocation key helps in litigation.

FAQ

Can the landlord choose any allocation key?

No. The allocation key must be agreed in the contract or allowed by law; arbitrary distributions are not permitted.

What to do if receipts are missing?

Request the receipts in writing, set a reasonable deadline and consider formal steps such as a payment order or lawsuit if nothing is provided.

Who decides in case of disagreement?

The competent local court decides in disputes; for legal questions higher instances up to the BGH may decide.

How-To

1. Check the rental agreement for the agreed allocation key.
2. Request all receipts and invoices from the landlord in writing.
3. Compare the bill with previous years and check meter readings.
4. Set a deadline for submission of the receipts and document everything.
5. If no agreement is reached, prepare a complaint or payment order and file it at the local court.

Help and Support

• Civil Code (BGB) - gesetze-im-internet.de
• Operating Costs Ordinance (BetrKV) - gesetze-im-internet.de
• Heating Costs Ordinance (HeizKV) - gesetze-im-internet.de

1. [1] BGB §§ 535–580a - gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) - gesetze-im-internet.de
3. [3] Heizkostenverordnung (HeizKV) - gesetze-im-internet.de
4. [4] Zivilprozessordnung (ZPO) - gesetze-im-internet.de