Evaluate Janitor Fees for Tenants in Germany
What are janitor fees?
Janitor fees are part of operating costs when, in the rental agreement or under the operating costs regulation, certain tasks are listed as allocable. Typical services include cleaning stairs and paths, garden maintenance, minor repairs and inspection rounds. It is decisive whether costs are operating costs or maintenance costs.
- Cleaning of staircases, corridors and waste areas
- Garden maintenance and winter service
- Minor repairs and inspection rounds
- Lock and key services (if allocable)
Legal basis
Key provisions are in the German Civil Code (BGB), especially on landlord and tenant rights and duties, and in the Operating Costs Regulation (BetrKV), which governs which operating costs can be allocated[1][2].
How to check the bill?
Check the bill systematically: are the total costs correct, is the billing period accurate and were the costs allocated according to the agreed key? Request receipts and compare the items with the rental agreement.
- Request receipts and check invoices
- Check whether flat rates or individual billing are agreed
- Verify billing period and distribution key
- Request breakdown by service (e.g. cleaning, garden)
What to do if there are errors?
If you find unclear or incorrect items, a staged approach is recommended: written inquiry, setting a deadline and then formal objection. Only in justified cases should the dispute be decided by the local court (Amtsgericht)[3].
- Ask in writing and request inspection of receipts
- File an objection within the set deadline
- If necessary, make partial payments under reservation and document everything
- Consider filing a claim at the competent local court or seek legal advice
FAQ
- Who pays janitor fees?
- Tenants usually pay janitor fees if these costs are agreed as operating costs in the rental contract or fall under the BetrKV.
- Which receipts may I inspect?
- You may inspect invoices, service contracts and accounting documents that substantiate the charged costs.
- What happens if the landlord does not provide receipts?
- Without receipts the enforceability of the costs is limited; in many cases you can refuse payment or make partial payments and, if necessary, go to court.
How-To
- Collect relevant receipts and the bill for the billing period (evidence)
- Set a written deadline for the landlord to provide receipts (deadline)
- Write and submit a formal objection or complaint with reasons (form)
- Pay under reservation if necessary and keep records (payment)
- If needed, file a claim at the local court or seek legal counsel (court)
Key Takeaways
- Request receipts early and compare with the lease.
- Raise objections in writing and set a clear deadline.
- Seek court clarification only if informal steps fail.
Help and Support / Resources
- German Civil Code (BGB) – Gesetze im Internet
- Operating Costs Regulation (BetrKV) – Gesetze im Internet
- Justice Portal – Information on local courts