Non-allocable Service Charges: Tenant Tips Germany
Many tenants in Germany receive annual service charge statements and are unsure which items can actually be charged to them. Errors in non-allocable items often lead to excessive additional payments or unjustified deductions. In this article I explain clearly how to spot common mistakes, which receipts you should request, and how to file a formal objection. I name relevant laws such as the BGB and the BetrKV, show practical wording for letters to the landlord, and give guidance on next steps if an agreement cannot be reached. I also explain which deadlines to observe, how to collect evidence (e.g. photos, billing records) and when it makes sense to involve the local court. At the end you will find templates and information on official forms tenants can use.
What are non-allocable items?
Non-allocable items are costs that, by law or agreement, may not be passed on to the tenant. The precise distinction follows the BetrKV catalogue and the provisions in the BGB. [1][2] Generally, investment costs, depreciation or pure financing costs of the landlord are not allocable.
Typical examples
- Repairs (repair): Ongoing maintenance is often allocable, modernization as an investment often is not.
- Loan interest (payment): The owner's financing costs are regularly not chargeable to tenants.
- Depreciation / depreciation: Depreciation on buildings or refurbishments should not appear in the service charge statement.
- Private costs of the landlord (evidence): Personal expenses are not operating costs and therefore not billable.
How to check the statement in practice
Review item by item: compare the statement with the lease agreement and the BetrKV. Request supporting documents, note dates and interlocutors, and ask for written explanations from the landlord. If an item remains unclear, specify it in your objection letter and explain why it is not allocable.
Sample wording for an objection
A short, clear letter to the landlord is often sufficient. Example: "I hereby object to the item 'X' in your service charge statement dated [date], because I consider these costs not to be allocable. Please send me the related receipts by [date within 14 days]." Make sure to set a deadline for a reply.
Rights, deadlines and court
If the landlord does not respond or the response is inadequate, you can take legal action within statutory deadlines. Minor disputes are decided by the local court (Amtsgericht); for higher values the regional court (Landgericht) or later the Federal Court of Justice may be involved. [3] Keep all documents and consider applying for legal aid if costs are an obstacle.
FAQ
- How do I dispute non-allocable items?
- Write a short, reasoned objection to the landlord, request receipts and set a reasonable deadline for a response.
- What deadline applies to a dispute?
- There is no single statutory deadline; a period of 14 to 30 days to provide receipts is commonly reasonable.
- Where can I turn if the landlord does not respond?
- Contact the competent local court for clarification or consider mediation and legal protection; legal aid may be available if needed.
How-To
- Request receipts (within): Request all related invoices and contracts in writing within 14 days.
- Collect documentation (evidence): Photograph meter readings and collect correspondence as evidence.
- Draft an objection (form): Send a reasoned letter with a deadline to the landlord.
- Consider court action (court): If necessary, file a claim at the local court or apply for legal aid.
Key takeaways
- Only costs listed in the BetrKV or agreed in the lease are allocable.
- Early documentation improves your chances of success in disputes.
- If necessary, use judicial options and check eligibility for legal aid.
Help and Support / Resources
- [1] Gesetze im Internet: BGB §535 ff.
- [2] Gesetze im Internet: Betriebskostenverordnung (BetrKV)
- [3] Bundesgerichtshof (BGH) - Information and decisions
