Caretaker & Maintenance Costs for Tenants in Germany
As a tenant in Germany, you may often wonder which caretaker and maintenance costs are justified and how they appear in the service charge statement. This guide explains in clear, simple language which items qualify as operating costs, what obligations landlords and tenants have, and how you can check invoices, receipts and contracts. You will learn practical steps to identify unnecessary expenses, meet deadlines and report defects correctly. At the end you will find a checklist to tick off as well as references to official forms and authorities so you can confidently assert your rights as a tenant in Germany.
What are caretaker and maintenance costs?
Caretaker and maintenance costs are part of the operating costs if they are agreed in the rental contract or legally considered allocable. Typical items include caretaker services, stairwell cleaning, garden maintenance, light bulb replacement and small repairs. The legal bases can be found in the operating-cost regulations and in the Civil Code (BGB)[1][2].
Rights and obligations of tenants and landlords
Both parties have obligations: the landlord must itemize costs transparently and present receipts, the tenant must pay justified additional charges and challenge unjustified items. Deadlines and formal steps are important so that claims do not become time-barred.[1]
- Check the service charge statement within 12 months (within 12 months) after receipt.
- Request receipts if costs such as garden maintenance or caretaker services are listed as (fee).
- Report repairs immediately in writing and document necessary repair (repair) measures.
- Create your own documentation with photos and receipts as evidence.
- If the dispute continues, proceedings before the local court (court) may follow.
How are costs invoiced correctly?
The statement must be transparent: total costs, allocation key (e.g. living area) and receipts. Watch out that one-off maintenance work is not incorrectly charged as ongoing operating costs. If items are unclear, ask for a breakdown and receipts, as well as a written explanation.
Forms, templates and authorities
For formal steps there are no uniform private forms; commonly used templates are sample letters and termination letters from the Federal Ministry of Justice and other state authorities. Use sample letters for objections or defect notices if necessary and pay attention to formal deadlines and proof of delivery.[3][4]
FAQ
- Who pays caretaker costs?
- Caretaker costs are usually borne by the tenant if they are contractually agreed as operating costs; check the rental agreement and the detailed statement.
- How long can I review a service charge statement?
- Check the statement as soon as possible; many rights become time-barred after receipt within years, specific objection deadlines should be observed and legal advice sought if necessary.[1]
- What to do in case of an incorrect statement?
- Request receipts, send a written objection and document everything. If no agreement is reached, going to the local court may be necessary.[4]
How-To
- Gather all relevant receipts, photos and invoices as evidence.
- Check deadlines and respond in writing within the specified timeframe (within 12 months).
- Draft an objection or defect notice and send it by registered mail or with proof of delivery.
- If the landlord remains unreasonable, prepare documents for a claim before the competent local court (court).
Help & Support / Resources
- BGB and tenancy law source
- Federal Court of Justice (BGH) information
- Operating Costs Regulation (BetrKV)