Evaluate Caretaker Charges for Tenants in Germany

As a tenant in Germany, it is important to understand caretaker charges in the service charge statement and to challenge them if necessary. Many utility bills include items for caretaker services, cleaning or garden maintenance that must be reviewed. This guide explains step by step how to check receipts, identify allowed items under the Operating Costs Regulation (BetrKV) and respond correctly if charges appear unclear or incorrect. We show practical examples of which documents help, which legal bases apply and how to meet deadlines before seeking clarification at the local court. The language remains simple and action-oriented so you as a tenant can represent your rights in Germany securely and effectively. Practical templates are included.

What are caretaker charges?

Caretaker charges are components of service charges for activities such as cleaning common areas, winter services, garden maintenance or minor repairs. According to the landlords obligations in §§ 535580a of the German Civil Code tenants may be charged operating costs proportionally^[1]. The specific list of allowable operating costs is set out in the Operating Costs Regulation (BetrKV)^[2], where you can find which items are typically billable.

How to check caretaker charges

1. Gather all relevant receipts, invoices and the tenancy agreement as the basis for checking.
2. Compare the billed amounts with the breakdown in the statement and check whether individual items are clearly labelled as operating costs.
3. Check whether the costs comply with the BetrKV and whether an allocation is agreed in the tenancy agreement.
4. Differ between chargeable minor repairs and major maintenance; the latter is usually not allocable as operating costs.
5. Document discrepancies in writing and set a reasonable deadline for correction or explanation before considering legal steps.

Typical errors and your response

Common errors include missing itemised receipts, vague notes without breakdown or charging administration costs that are not permissible. As a tenant, you should first ask in writing and request clarification. If the reply is unclear, you can send a formal statement with a deadline and, if appropriate, consider a rent reduction if the use is impaired. Observe deadlines and formal requirements; in disputed cases the local court (Amtsgericht) is responsible for clarification.

FAQ

Who pays caretaker charges?

Caretaker charges may be passed on to tenants by the landlord if this is agreed in the tenancy agreement and the costs fall within the BetrKV.

Can tenants contest a statement?

Yes. Tenants can object, demand inspection of receipts and initiate legal action if there are justified doubts.

When is the local court responsible?

The local court (Amtsgericht) is the first instance for tenancy disputes such as payment claims or eviction actions.

How-To

1. Collect the statement, all receipts and the tenancy agreement.
2. Check the statement item by item against the BetrKV and the tenancy agreement.
3. Calculate your share and note unusual or unclear items.
4. Write a formal enquiry to the landlord and set a deadline for clarification.
5. If necessary, prepare documents for a lawsuit at the local court or seek legal advice.

Help and Support / Resources

• BGB: Landlord obligations (excerpt)
• BetrKV: Operating Costs Regulation
• Federal Court of Justice (BGH) – Case law

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Operating Costs Regulation (BetrKV)
3. [3] Federal Court of Justice – Decisions on tenancy law