Tenant Info Germany: Allocation for Social Housing
As a tenant in Germany, you often face the question in social housing of how landlords may calculate operating costs, modernization expenses or other allocations. This text clearly explains which items can be allocated, which legal requirements from tenancy law apply and which deadlines you must observe. You will receive practical tips on how to check documents, draft objections and meet deadlines, as well as examples of typical statements. The aim is to help you as a tenant act confidently so that you can respond sensibly and better enforce your rights under §§ 535–580a BGB.[1]
What is chargeable?
Not all costs can automatically be passed on to tenants. The Operating Costs Regulation specifies which items are typically chargeable and which are not.[2] The rental contract and the legal basis are always decisive.
- Service charges: property tax, cleaning, waste collection, elevator costs.
- Heating and water costs: billing in accordance with the Heating Costs Ordinance.
- Administration and janitorial services, insofar as contractually agreed.
How do you check the allocation statement?
Check the statement immediately upon receipt. Pay attention to the billing year, actual consumption figures and whether receipts are available. You have the right to inspect the receipts and request proof.
- Check the billing year and note the date of receipt (observe deadlines).
- Compare items with previous statements and the rental agreement.
- Request in writing the inspection of receipts and proofs.
- If items are unclear or incorrect, file a timely objection letter with specific points.
- If the landlord does not respond or refuses, consider taking the matter to the local court or further legal steps in light of applicable case law.[4]
FAQ
- Who pays which allocations in social housing?
- Answer: As a rule, the tenant pays according to the contractual agreement; certain grants or subsidies can reduce costs.
- What deadlines apply for objecting to the service charge statement?
- Answer: Check the statement immediately; typical review periods are up to 12 months after receipt; document your objection in writing.
- When is the local court competent?
- Answer: For ordinary tenancy disputes, the local court is usually competent; for higher values in dispute, the regional court may be involved.
How-To
- Check the service charge statement and note unclear items.
- Request inspection of receipts by written application.
- Draft an objection letter and send it by registered mail.
- If no agreement is reached, consider filing a claim at the local court or obtain legal advice.
Key Takeaways
- Check statements immediately and keep documentation.
- Observe deadlines to avoid losing objection rights.
