Tenants: Caretaker & Maintenance Costs Germany
As a tenant in Germany, you often face questions about caretaker and maintenance costs: which services are billable to tenants, which deadlines apply, and how do I check a utility bill? This text explains in practical terms which obligations landlords have, which costs you may have to bear, and how to observe deadlines for objections or claims for reimbursement. I describe concrete steps to check invoices, document defects and communicate with property management. You will also find information on competent courts such as the local court (Amtsgericht), relevant laws (BGB[1], BetrKV[2]) and the important forms tenants may need in disputes. The goal is to make you more confident when dealing with additional costs and maintenance issues.
What are caretaker and maintenance costs?
Caretaker and maintenance costs include regular upkeep tasks, minor repairs and the organisation of technical maintenance. Not all expenses may be passed on to tenants: it depends on whether the items are listed in the rental agreement or in the Operating Costs Ordinance (BetrKV)[2]. Major repairs are generally not operating costs but landlord maintenance obligations under the BGB[1].
Typical items
- Cleaning of communal areas (maintenance)
- Garden care and path maintenance (maintenance)
- Caretaker wages, insofar as they are allocable (rent)
- Minor repairs up to an agreed limit (repair)
- Administrative or billing costs if contractually agreed (form)
Not every repair can be charged to tenants; examine the bill carefully.
Who pays what? Deadlines and billing
The landlord must prepare the operating cost statement transparently and comprehensibly. As a tenant you have the right to inspect supporting documents and to raise objections within the statutory deadline. Note: you cannot generally refuse instalment payments, but incorrect or missing statements can give rise to reimbursement claims[1] and inspection rights under the BetrKV[2].
- Deadline to review: Read and check the statement immediately after receipt (deadline).
- Objection period: You should normally respond within 12 months; exact deadlines depend on the case (deadline).
- Withholding: Withholding parts of the rent is only sensible in justified doubts and after legal advice (rent).
Receipts and photos help to prove cost items and defects.
Formal steps for disagreements
- State your objection in writing and set a deadline for reply (form).
- Copy and organise supporting documents: invoices, proof of payment, photos (document).
- If no agreement: clarification at the local court (court).
Practical templates and official forms
For disputes, some official forms and documents are particularly important. Examples:
- Application for legal aid (PKH) for court proceedings — if you cannot afford legal representation (form).
- Filing a complaint at the competent local court — if an out-of-court settlement is not possible (form).
Submit objections in writing and on time; otherwise claims may lapse.
FAQ
- Who pays caretaker costs?
- Caretaker costs can be charged to tenants if they are listed in the rental agreement or operating cost statement and comply with the BetrKV. Check the items and request supporting documents.[2]
- What is the deadline for objections to the statement?
- Check the statement immediately upon receipt and raise objections in writing. As a rule, check within 12 months; exact legal consequences depend on the BGB and ZPO.[1]
- Can I reduce the rent due to missing maintenance?
- For significant impairments of usability (e.g. lack of heating) a rent reduction may be possible. Document defects and seek legal advice; important rulings are found in BGH case law.[4]
How-To
- Check the statement: Compare items, totals and allocation keys with your rental agreement.
- Secure documents: Make copies of invoices, proof of payment and photos.
- Send objection in writing: Set a deadline and attach supporting documents.
- Consider legal action: If necessary, file a suit at the local court or apply for legal aid.
