Janitor & Maintenance Costs: Tenant Tips Germany

Many tenants in Germany face unexpected charges for janitor services and maintenance because statements are unclear or misallocated. This guide explains in plain language which items are permissible, how to spot incorrect charges, and which deadlines apply for objections. I show practical steps to check the operating costs statement, document defects, and communicate with the landlord. There is also a simple checklist to help you review invoices and receipts. In the text you will find notes on official forms, deadlines for objections, and links to relevant laws and courts so you can prepare documents for the local court if necessary. Read on for concrete wording and a sample checklist.

What counts as janitor and maintenance costs?

In principle, only items that are defined as operating costs in the rental contract or by law are chargeable. The legal basis is in the Civil Code (BGB) and in the Operating Costs Ordinance, which govern which costs the landlord may pass on.^[1][2]

• Repair/Maintenance: heating, sanitary and electrical systems
• Janitor fee: regular payments for cleaning, inspections or gardening
• Documentation/evidence: invoices, contracts and service records as proof
• Consumption-related costs/payment: fuel for communal heating (may be billed under the Heating Cost Ordinance)^[3]

Typical errors in statements and how to spot them

Many statements contain unclear items or missing receipts. Always check whether each amount is supported by an invoice or contract and whether the allocation method (e.g., according to living area) is understandable. Watch for duplicate charges or services that clearly belong to the landlord's responsibility.

• Missing receipts/evidence: request invoices and contracts from the landlord in writing
• Non-chargeable repairs/maintenance: major repairs that are the landlord's maintenance duty
• Flat rates/fee: check whether flat rates are contractually agreed

Deadlines and legal steps

Once you discover discrepancies, you should file a written objection promptly. The local court (Amtsgericht) is often responsible for legal steps; civil procedure law governs procedures and forms.^[4]

Checklist: Review your operating costs statement

• Check receipts/evidence: are invoices and contracts available?
• Check allocation/payment: was the agreed allocation method applied correctly?
• Evaluate items/maintenance: are these running costs or repairs?
• Observe deadlines/deadline: file objections within the indicated timeframes

FAQ

Which costs can the landlord pass on to me?

The landlord may only pass on costs that are named as operating costs in the rental agreement or in the BetrKV; unclear or flat-rate items should be checked.

What should I do if receipts are missing?

Request the receipts in writing and set a deadline for submission; document all contacts.

Where can I turn if an agreement with the landlord fails?

For ongoing disputes, the local court is responsible; consider mediation or conciliation bodies before filing a lawsuit.

How-To

1. Step 1: Gather all existing invoices, contracts and the rental agreement.
2. Step 2: Check deadlines in the statement and note the date.
3. Step 3: Write a formal objection and request missing receipts.
4. Step 4: Talk to the landlord or property manager and record agreements.
5. Step 5: If necessary, prepare documents for the local court and file a claim.

Help and Support / Resources

• Civil Code (BGB)
• Operating Costs Ordinance (BetrKV)
• Heating Cost Ordinance (HeizKV)
• Federal Court of Justice (BGH) – tenancy rulings

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet: Heizkostenverordnung (HeizKV)
4. [4] Gesetze im Internet: Zivilprozessordnung (ZPO)