Tenant Claims: Non-passable Costs Refunds in Germany

Tenants often face the question which costs a landlord may not pass on in the utility bill and how to claim a refund. This text explains in practical terms which records you should collect, which deadlines apply and how to prepare a demand letter or, if necessary, court action. The guidance refers to German tenancy law and names relevant statutes and courts so you can enforce your rights in Germany effectively. If you are unsure which costs are permissible or how to submit documents correctly, this guide helps you plan clear steps and meet deadlines.

What are non-passable positions?

Non-passable positions are costs that, according to the Operating Costs Regulation or contractual agreement, may not be charged to tenants. Typical examples include administrative costs, maintenance (basic repairs) and costs for modernization measures unless they were contractually agreed as passable. For legal bases see §§ 535–580a BGB^[1] and the BetrKV^[2].

Which documents do tenants need?

• Copies of the landlord's utility bill with all items and receipts.
• Proofs of payment (bank transfers, receipts) for the relevant costs.
• Correspondence with the landlord, handover protocols and defect reports.
• Copies of the rental agreement with clauses on operating costs and allocation agreements.

Deadlines and procedure

In general, you should file objections in writing shortly after receiving the bill. Many claims are subject to limitation or verification deadlines; therefore check the billing deadlines and respond within 30 days with a formal statement or demand letter. If the landlord does not respond, a payment order (Mahnverfahren) or a lawsuit at the competent local court may be considered^[3].

• Within 30 days: Initial review and written request for explanation of the allocated items.
• If there is no response: Send a written payment or reimbursement demand by registered mail with a deadline.
• In case of further dispute: Payment order or lawsuit at the local court (ZPO).

How to draft a demand letter?

A demand letter should briefly state the contested items, quantify the requested refund, attach documents and set a clear deadline (e.g. 14 days). Cite the legal basis such as the relevant sections of the BGB or the missing basis in the operating cost agreement. Send the letter with proof of delivery (registered mail or receipt).

FAQ

Who decides disputes about non-passable costs?

In disputes, local courts usually decide first; appeals go to the regional courts and the Federal Court of Justice.

What deadline do I have to review a utility bill?

Review the bill promptly and raise objections in writing preferably within 30 days of receipt.

Is there an official form for refunds?

There is no nationwide standard form for general claims; for payment disputes a payment order (Mahnverfahren) can be used.

How-To

1. Gather all relevant receipts and copy the bill completely.
2. Draft a demand letter with the exact amount and a deadline.
3. Send the demand with proof of delivery (registered mail) and document the send date.
4. If no response, consider a payment order or lawsuit at the competent local court and seek legal advice if needed.

Help and Support / Resources

• Local courts and procedural information (justiz.de)
• Federal Court of Justice – decisions and information
• Federal Ministry of Justice and Consumer Protection

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a – Gesetze im Internet
2. [2] Betriebskostenverordnung (BetrKV) – Gesetze im Internet
3. [3] Justizportal des Bundes und der Länder – Amtsgerichte und Verfahren
4. [4] Zivilprozessordnung (ZPO) – Gesetze im Internet