Non-allocable Costs: Tenants in Germany Claim Back

As a tenant in Germany you may sometimes receive landlord claims for service charges billed as refundable. Some costs are non-allocable — for example administrative fees, fines or private repairs — and may not be recharged. This article explains in plain language which items are typically not chargeable to tenants, how to check the service charge statement, which time limits apply and how to file a formal objection. I outline which documents matter, when court action may become necessary and which local courts in Germany handle disputes. The goal is to help you decide whether to pay or to dispute the claim successfully.

What are non-allocable costs?

Non-allocable costs are expenses that landlords may not pass on to tenants as operating costs. The rules for tenancy law and cost allocation are set out in the BGB and the Operating Costs Regulation, which underpin statements and disputes.^{[1] [2]}

Typical costs that are not allocable

• Private repairs or maintenance that are the landlord's responsibility.
• Administrative fees that are not agreed as operating costs.
• Fines, penalties or enforcement charges.
• Costs explicitly excluded in the lease or declaration of division.

How to check the service charge statement

Check the statement systematically: compare line items with the lease, request receipts, and verify the allocation method. Watch for formal errors, covered periods and arithmetic accuracy.

• Check deadlines: when was the statement delivered and which time limits apply to claims?
• Request receipts: ask the landlord for original invoices and payment records.
• Verify calculations: check figures, allocation keys and advance payments.
• File a formal objection: send a written objection within the deadline with reasons.

Forms and jurisdiction

There is no single nationwide tenant form for every claim, but relevant actions include a written objection, an application in the payment order (Mahnverfahren) or a lawsuit at the local court (Amtsgericht). An application for a payment order may be appropriate if the landlord insists on a clear claim and you dispute it; tenancy disputes are usually heard first at the Amtsgericht.^[3]

Practical example: You receive a back payment demand for heating costs. Request the original invoices, check the period and send a timely written objection with copies of your payment records. If the landlord persists, consider the payment order or filing a claim at the competent local court.

FAQ

Can a landlord claim service charges after several years?

Generally, claims are subject to limitation periods; many claims become time-barred after three years under the BGB.^[1]

What if the landlord does not provide receipts?

Request the receipts in writing and set a deadline. If proofs are missing, you can challenge the validity of the claim and raise the issue in court.

Do I have to pay immediately when the landlord demands money?

Not necessarily. You can raise legitimate objections in writing and request documentation. You are not obliged to pay unsubstantiated or unjustified claims without question.

How-To

1. Gather all relevant invoices, statements and proof of payments.
2. Check deadlines, the billing period and allocation keys.
3. Draft and send a written objection with reasons and a deadline.
4. If no agreement is reached, consider a payment order or filing a claim at the competent local court.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Betriebskostenverordnung (BetrKV)
• Justiz portal: information on courts

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Justizportal: Informationen zu Gerichten