Tenants: Non-allocable Utility Costs in Germany
Many tenants in Germany are surprised when landlords claim additional charges in the utility bill, especially for items that should not be allocable. This article explains in plain, practical terms which costs under German law are typically not passed on to tenants, how to systematically check a bill and which deadlines to observe. You will get clear check steps, a template letter for objections and tips on evidence and the competent local court for rental disputes. The language remains easy to understand so even shared-flat residents without legal background can assert their rights. This helps you avoid typical mistakes with backcharges and act in a legally secure manner. At the end you will find action steps and links to official forms.
What are non-allocable costs?
Non-allocable costs are expenses that may not be transferred to the tenant under the rental contract or legal regulation. The legal bases for tenancy law can be found in the Civil Code (BGB) §§ 535–580a[1] and in special regulations such as the Operating Costs Ordinance[2] and the Heating Costs Ordinance[3]. It is decisive whether an item qualifies as operating costs within the meaning of the BetrKV or whether it is maintenance, modernization or private administration that the landlord bears.
Typical items and how to check them
- Administrative costs (fee): Often not allocable; check the lease and demand a breakdown.
- Repairs and maintenance (repair): Small repair clauses are permissible, major maintenance is usually the landlord's responsibility.
- Renovation or modernization (fee): Modernizations are not operating costs and generally cannot be charged via utility bills.
- Janitor lump sum without receipts (evidence): Insist on receipts and activity evidence.
- Administrative or account fees (form): These items are often disputed and require contractual basis.
Check steps: How to proceed systematically
- Collect documents: utility bill, lease, previous bills, receipts and photos of the apartment.
- Check items individually: compare each position with the BetrKV and the lease.
- Write an objection: draft a template letter with concrete objections and a deadline (see template above).
- Observe deadlines: respond within statutory review periods or contractually agreed deadlines.
- Consider court action: if disputes persist, consider bringing a claim at the competent local court.
Template letter: Objection to an additional charge (short)
Dear Ms/Mr [Name], I object to the utility bill dated [date] in the items [list items]. Please send me the related receipts and calculation basis within 14 days. Until review, I consider the additional charge to be unfounded. Sincerely, [Your name]
Legal route, deadlines and forms
If an amicable settlement fails, the competent local court (Amtsgericht) is the first instance for rental disputes; in higher instances the Regional Court (Landgericht) and ultimately the Federal Court of Justice (BGH) decide. For a claim, nationwide court forms can be used, e.g. complaint forms via the central forms portal.[4]
FAQ
- Which costs are typically not allocable?
- Costs such as administration, maintenance and major modernizations are usually not allocable; check your lease and the BetrKV.
- What if the landlord does not provide receipts?
- Request the receipts in writing and set a deadline; if they are not provided, you can object or consider legal steps.
- How long do I have to challenge a bill?
- Review the bill promptly; specific limitation and review obligations depend on the case, act without delay.
How-To
- Gather all documents and make copies.
- Draft a short objection letter with concrete points and a deadline.
- If uncertain, seek advice from legal counseling services or lawyers.
- If necessary, file a claim at the competent local court.
Help and Support
- [1] Civil Code (BGB) §§ 535–580a
- [2] Operating Costs Ordinance (BetrKV)
- [3] Heating Costs Ordinance (HeizKV)
- [4] Formulare-Bund: Claim / Civil procedure forms
