Caretaker and Maintenance Costs: Tenant Rights in Germany

Tenants in Germany often face questions about reimbursement of caretaker and maintenance costs in the service charge or operating costs statement. This article explains in practical terms when such costs are chargeable, which receipts tenants should request and which deadlines and authorities apply. You will get tips for checking the annual statement, for making a formal defect notice to the landlord, and for possible legal steps at the competent local court. The aim is that you, as a tenant, can recognize your claims, document them properly and — if necessary — involve the appropriate authorities or courts.

Which costs count as caretaker and maintenance costs?

Caretaker costs usually include activities such as cleaning of common areas, snow removal and small supervision rounds. Maintenance costs concern scheduled upkeep or replacement of components. Both items must be explicitly listed in the operating cost agreement in the lease or claimed according to case-by-case allocation. If unclear, check the statement and request supporting documents.^[1]

How to check a statement as a tenant?

Proceed systematically: do the total costs match the itemized evidence, are allocation keys comprehensible and have advance payments been correctly accounted for? Request copies of invoices and supplier receipts if items are unclear. Also check whether recurring maintenance work was actually carried out.

• Request inspection of invoices and contracts from the landlord.
• Compare the allocation keys with the lease agreement.
• Verify that advance payments have been settled correctly.

What to do about unjustified items or errors?

Write a formal defect notice or objection to the landlord and set a reasonable deadline for clarification. Specify the disputed items and request the presentation of receipts. If the landlord does not respond or the answer is inadequate, you may justify withholding amounts and consider legal action. The local court (Amtsgericht) is usually competent; appeals go to the regional court and ultimately to the Federal Court of Justice.^[2]

Practical notes on forms and evidence

There is no uniform nationwide "reimbursement application form" for tenants, but common letters exist: defect notice, objection to the statement and, if necessary, filing a lawsuit at the local court. Template letters help with form and deadlines; always attach or request all relevant receipts.

If it goes to court

If points are disputed, legal recourse may be pursued. Cases about service charge statements typically proceed before the local court; pay attention to fees, deadlines and required documents. If possible, try mediation or advice from official bodies first.

FAQ

Who pays caretaker costs, landlord or tenant?

If caretaker costs are explicitly listed as recoverable operating costs in the lease or under the Operating Costs Regulation, they can be charged to tenants; otherwise the landlord usually bears them.^[1]

What deadline applies for raising objections to the statement?

Objections should be made promptly after receipt of the statement; contractual exclusion periods may apply, and statutory limitation rules are relevant.

Where can I turn if the landlord does not respond?

The local court (Amtsgericht) is often competent for tenancy disputes; first, request receipts and send a written objection.

How-To

1. Document: collect photos, payment receipts and the statement.
2. Send written objection: send a defect notice to the landlord with a deadline.
3. Request receipts: demand copies of invoices and maintenance contracts.
4. Consider legal action: if unresolved, consider filing at the local court.

Key takeaways

• Only chargeable costs may appear in the operating cost statement.
• Documentation and requesting receipts are decisive for success.

Help & Support / Resources

• BetrKV: Operating Costs Regulation (PDF)
• BGB §§ 535–580a: Tenancy Law (extract)
• HeizKV: Heating Costs Regulation (PDF)

1. [1] Gesetze-im-Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesgerichtshof (BGH) - court competence and decisions
3. [3] Gesetze-im-Internet: Betriebskostenverordnung (BetrKV)