Avoid Billing Audit Errors for Tenants in Germany
Many tenants in German big cities receive annual utility cost statements and are unsure whether all items are correct. This guide explains step by step how you as a tenant in Germany can spot common errors, which receipts you should request and how to file a formal objection. You will learn to respect deadlines, provide simple evidence with photos and written communication and which legal bases such as the BGB[1] and the Operating Costs Ordinance[2] are important. The goal is to avoid unnecessary additional charges and to assert your rights against landlords in a factual manner. At the end you will find concrete action steps, sample forms and pointers to courts and advisory offices. If necessary, we show how to obtain support from tenant associations, official advisory offices and the local court, and which official forms are used.[4]
What is an operating cost audit?
An operating cost audit means that you as a tenant check the landlord's annual statement to see whether the charged costs are correctly allocated and documented. Pay special attention to the billing period, allocation keys and whether individual invoices actually occurred. Additional rules from the Heating Costs Ordinance apply to heating costs.[3]
Common mistakes and how to avoid them
- Missing receipts: not requesting invoice copies and original receipts (evidence).
- Missing deadlines: filing an objection or appeal too late (deadline).
- Formal errors: not sending an official letter to raise the objection (form).
- Incorrect heating charges: failing to check consumption shares or meter readings (heating).
- Not comparing flat fees and advance payments with the statement (payment).
How to file a formal objection
If you find errors, send the landlord a short, dated letter asking for review and correction. Specify the disputed items and request the receipts. Keep proof of sending (registered mail or email with delivery confirmation).
How-To
- Check the statement for plausibility first and collect all invoices and receipts.
- Formally request missing receipts and note the date of the request.
- Draft a written objection with reasons and send it with proof of receipt.
- Observe deadlines and respond within the specified timeframes.
- If no agreement is reached, consider the local court or official advice.
Frequently Asked Questions
- Who bears the burden of proof for operating costs?
- The landlord must prove the charged costs and provide invoices on request.
- How long do I have to file an objection?
- Practically, you should react immediately; specific deadlines may be contractually set or arise from statutory provisions.
- Where can I get help?
- Contact official advisory offices, tenant associations or the local court for tenancy law cases.
Help and Support / Resources
- BGB §535 - German Civil Code
- Operating Costs Ordinance (BetrKV)
- Forms and samples at the Federal Ministry of Justice