Tenants: Change Allocation Keys in Germany
As a tenant in Germany, you often face complex service-charge issues — including selecting or changing an allocation key. This text clearly explains how to check in due time whether your allocation key is fair, which documents you should collect and which rights you have under the BGB. You will learn which forms and deadlines are important, when a rent reduction is possible and how the local court decides in disputes. Step by step we show how to formulate a written request, which evidence is useful and when to seek legal help. The goal is to enable you to act and avoid unnecessary costs.
What is an allocation key?
The allocation key determines how operating costs are distributed among tenants (for example by living space or consumption). It directly affects the amount of your service charges and must be explained transparently in the operating costs statement. An arbitrary or opaque key can lead to excessive claims.
In many cases the allocation key is part of the annual operating costs statement and must be comprehensible.
Which documents should you collect?
- Receipts and documents (document): Tenancy agreement, operating cost statements, invoices and payment receipts.
- Meter readings and reading records (document): Heating and water meter readings, consumption records.
- Communication (document): Correspondence with the landlord, e-mails, handover records.
- Photos and measurement records (photo): Evidence of defects, heating performance or measurement errors.
Documentation increases your chances of enforcing a correct statement.
Rights, deadlines and forms
Landlords have obligations under the German Civil Code regarding statements and maintenance; relevant regulations can be found in the BGB, especially concerning tenancy relationships and accounting obligations[1]. For the allocation of operating costs, the provisions of the Operating Costs Ordinance also apply[2] and, if applicable, the Heating Costs Ordinance for proportional heating cost accounting[3]. Check statements within the legal deadlines and respond in writing in due time if there are discrepancies.
Respond within the objection period, otherwise claims may expire.
Steps to review
- Check in due time (deadline): Read the operating costs statement immediately upon receipt and note anomalies.
- Gather documents (document): File all receipts chronologically.
- Object in writing (file): Draft a clear letter stating your objections and a deadline.
- Litigate if necessary (court): If needed, file an action at the competent local court.
Keep copies of all letters and evidence in a safe place.
FAQ
- Can I change the allocation key unilaterally?
- No, a unilateral change by the landlord is only possible if contractually agreed or legally permissible; otherwise you must consent or object.
- What deadline applies for objecting to the operating costs statement?
- You should typically check immediately upon receipt and object in writing within the deadline stated in the statement or within the usual legal time limits.
- Where do I go in case of a dispute about the statement?
- If disputes cannot be resolved, the competent local court (Amtsgericht) can be approached; prior written demand or mediation is often sensible.
How-To
- Check statement immediately (deadline): Open and review the operating costs statement on the day it arrives.
- Collect documents (document): Prepare copies of invoices, meter readings and the tenancy agreement.
- Write an objection (file): Describe the items you consider incorrect and set a deadline.
- Make contact (contact): Send the letter by registered mail or e-mail and document the dispatch.
- Consider legal steps (court): If unresolved, consider filing a claim at the local court.
Help and Support / Resources
- Gesetze im Internet – BGB §535
- Gesetze im Internet – Betriebskostenverordnung (BetrKV)
- Gesetze im Internet – Heizkostenverordnung (HeizKV)
