Caretaker Charges Backpayment: Tenant Rights in Germany

Many tenants in Germany face unexpected backpayment demands for caretaker (building superintendent) charges. This article explains in plain language which documents you should check, which deadlines apply, and how to contest or reduce charges step by step. It shows which receipts matter, how to prepare a formal statement, and when court action may be appropriate. The goal is that you, as a tenant, understand your rights, avoid unnecessary payments, and get treated fairly without complicated legal jargon.

Which documents to check?

Check the statement systematically: each line item, the allocation method and the caretaker company's invoice. Pay special attention to proof of services, invoices and the billing period.

• Receipts from the caretaker company: invoices, timesheets and delivery notes.
• Lease and any additional agreements about caretaker services.
• Billing period and deadlines; watch dates and limitation notes.
• Compare charged amounts with previous statements for plausibility.

When can you challenge the backpayment?

If invoices are missing, services are undocumented, or costs are not allocable, you can contest the statement partially or entirely. Relevant legal bases are the regulations on service charge accounting and tenancy law.^[1]

Practically, send an initial written query to the landlord within 2–3 weeks and request specific receipts.

How to write a formal objection?

A short, clear objection usually suffices: name, address, reference to the statement, concrete points (line items) and the demand for receipts. Request a deadline for submitting documents and set a written reply date.

• Name the statement and the disputed line items precisely.
• Set a deadline for providing missing receipts (e.g., 14 days).
• Document all contacts: date, contact person and subject.

When is court action reasonable?

If the landlord does not respond or submitted receipts are incomplete, court proceedings may follow. Local courts (Amtsgerichte) usually handle tenancy disputes; higher-value cases go to Landgerichte and precedent cases to the Federal Court of Justice.^[2][4]

Practical evidence

• Photos of caretaker work, timesheets and original invoices.
• If possible: written service descriptions and contracts of the caretaker company.
• Bank records of payments and earlier statements.

FAQ

What deadline do I have to object to a service charge statement?

There is no single uniform statutory deadline, but you should respond within a few weeks and check within 12 months due to limitation issues.

Do I have to pay backpayments immediately?

You can generally withhold disputed amounts, but only retain justified partial amounts and inform the landlord.

Who do I contact if documents are missing?

Request the documents in writing from the landlord and document the request; next steps can include a payment order or a lawsuit.

How-To

1. Collect all relevant documents: statement, invoices, timesheets.
2. Write a concrete objection and request missing receipts.
3. Set a short deadline (e.g., 14 days) for submission.
4. If unresolved: notify the local court or seek legal advice.

Help & Resources

• Gesetze im Internet (BGB & BetrKV)
• Federal Court of Justice (BGH) decisions
• Justice portal: forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) - Tenancy obligations
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Zivilprozessordnung (ZPO) - civil procedure
4. [4] Federal Court of Justice (BGH) - case law