Non-Allocable Additional Charges: Tenant Rights in Germany
Many tenants in Germany receive additional demands for ancillary costs or operating costs and wonder which items can actually be passed on to them. This text explains in plain language which costs are usually not allocable, which receipts and deadlines tenants should check and how to file an objection step by step. The guidance is aimed at tenants without legal expertise and shows practical actions: collect receipts, draft a formal objection and, if necessary, prepare for proceedings at the local court. The goal is to protect your rights under tenancy law (BGB) and to avoid unnecessary payments.
Which costs are not allocable?
Not all items in an operating cost statement may be charged to your rent account. Typical examples include:
- Repair costs for the landlord's property (repair) – maintenance that is not an ongoing operating cost.
- Administrative or management fees (fee) – flat rates without contractual basis are often not allocable.
- Private expenses of the landlord, such as personal insurances (evidence) – these may not be passed on to tenants.
- Interest on the landlord's loans (payment) – normally not operating costs.
How to react as a tenant?
Check the statement carefully: compare previous years, request receipts and note deadlines. Request an explanation and inspection of receipts within two months after receiving the statement if something is unclear.
- Collect all receipts and invoices (evidence) related to the billed items.
- Write a written objection to the landlord (form) and request the receipts.
- Observe deadlines (time): act promptly, usually within two months of receipt.
Forms and official letters
For formal steps use templates or samples, e.g. a termination or objection letter. A formal objection should include name, address, billing year, specific complaints and the demand to inspect receipts. If you consider court action, prepare documents for submission.
FAQ
- Which legal bases apply to ancillary costs and additional charges?
- The rules on landlord obligations and tenant rights are in the BGB and in special regulations such as the Operating Costs Ordinance.[1]
- Within what period must I object?
- Respond preferably within two months after receiving the statement; reasoned inquiries and requests for receipts should be made promptly.
- What if the landlord refuses to show receipts?
- Document the request in writing, seek legal advice if necessary and consider filing a lawsuit at the competent local court.[2]
How-To
- Collect all relevant documents: statement, previous statements, bank statements and receipts (evidence).
- Draft a written objection with specific points and demand inspection of receipts (form).
- If no agreement is possible, learn about procedures at the local court and, if necessary, file a lawsuit (court).[3]
Conclusion
As a tenant in Germany, a systematic review of the operating cost statement helps to identify unjustified additional demands. Collect receipts, respond in writing and rely on official rules as the basis for your claims. In case of doubt, local courts and official sources can provide orientation.
Help and Support / Resources
- Civil Code (BGB) – gesetze-im-internet.de
- Operating Costs Ordinance (BetrKV) – gesetze-im-internet.de
- Federal Ministry of Justice and Consumer Protection (BMJ) – bmj.de
