Non-Allocatable Costs: Tenant Rights in Germany

As a tenant in Germany, service charge statements can be confusing. This guide explains clearly which items are typically non-allocatable, the legal basis, and how to check reimbursement claims in practice. We show step by step which documents to collect, how to file a written and timely objection, and which courts or authorities to contact. The goal is to help tenants better assess their rights and act prepared in disputes without requiring legal expertise.

What does "non-allocatable" mean?

Non-allocatable costs are expenses that the landlord may not pass on to tenants in the service charge statement. The legal basis lies in tenancy law of the German Civil Code (BGB) and specific ordinances such as the Operating Costs Ordinance and the Heating Costs Ordinance^[1][2][3]. A common mistake is listing private repair expenses or administrative charges as allocatable costs.

Typical non-allocatable items

• Repairs to the building (repair) – routine maintenance that the landlord is responsible for.
• Administrative costs (fee) – flat administrative surcharges if not explicitly agreed.
• Restoration after damage (repair) – renovation costs that are not operating costs.
• Private expenses of the landlord (deposit) – e.g., personal insurance policies without allocation agreement.
• Lacking receipts (document) – items without verifiable invoices are often not admissible.

How to check a statement

First check formal correctness: complete items, understandable allocation keys and attached invoices. Compare the stated amounts with original invoices and bank statements. If unclear, request the landlord in writing to allow inspection of supporting documents.

Typical steps if you suspect an incorrect statement

• Send a written request (form) – ask for documents and an explanation of the disputed items.
• Check the documents (document) – compare invoices, data and allocation keys carefully.
• Contact the landlord (contact) – a short conversation often resolves misunderstandings.
• File a timely objection (court) – if necessary, send a written objection within the deadline.

Forms and official procedures

For formal steps there are official procedures: the online payment order (Mahnantrag) is used when payments are disputed; for court disputes the local court (Amtsgericht) is usually responsible, then the regional court (Landgericht) and ultimately the Federal Court of Justice (BGH) for precedents.^[4]

Rights and deadlines

Check deadlines in the BGB and the Code of Civil Procedure (ZPO). For a service charge statement you generally have an obligation to examine and object: you should timely object in writing to disputed claims. Prolonged inactivity can weaken your refund prospects.

Frequently Asked Questions

Which costs may landlords generally allocate?

Only costs agreed in the lease as operating costs and those permitted by the Operating Costs Ordinance may be allocated.

What if the landlord does not present receipts?

Request inspection in writing and set a reasonable deadline; if inspection is denied, you can withhold payment and consider legal action.

Who decides in disputes?

The competent local court (Amtsgericht) decides in the first instance; appeals go to the regional court (Landgericht) and constitutional questions to the Federal Court of Justice.

How-To

1. Gather all statements, invoices and bank statements (document).
2. Draft a written request to the landlord with a deadline for producing documents (form).
3. Contact the local court or use the online payment order if necessary (contact).
4. If disagreement persists, file a claim with the court and attach organized evidence (court).

Key Takeaways

• Non-allocatable costs sind meist Reparaturen oder private Ausgaben des Vermieters.
• Frühzeitige Dokumentation und schriftliche Rüge sichern Ihre Position.
• Bei Streit sind Amtsgericht, Landgericht und ggf. der BGH die richtigen Instanzen.

Hilfe und Unterstützung / Ressourcen

• Gesetze im Internet (Federal Ministry of Justice)
• Justice Portal of the Federal and State Governments
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Heizkostenverordnung (HeizKV)
4. [4] Justizportal – Online-Mahnantrag