Non-Chargeable Costs: Tenant Guide Germany
As a tenant in Germany, service charge statements can be confusing, especially when individual items appear non-chargeable. This guide explains in clear steps which costs landlords generally cannot pass on to tenants, how to check an operating costs statement and which deadlines apply. I show practical examples for students and other tenants, name official rules like the BGB and the Operating Costs Regulation, and provide a simple checklist so you can classify claims correctly and object if necessary. You will learn which records are important and how deadlines must be observed in disputes.
What are non-chargeable costs?
Non-chargeable costs are expenses that landlords may not shift to tenants. Typical legal bases are the Civil Code (BGB) and the Operating Costs Regulation, which govern which items are permissible[1][2]. In practice this means: costs for private administration, fines or the landlord's personal expenses are usually not chargeable.
- Landlord administration costs (fee)
- Debt collection or legal enforcement costs (fee)
- Modernization without contractual allocation (repair)
- Landlord's private expenses (payment)
In most regions, landlords may not pass administration costs on to tenants.
Check and object
Here is the step-by-step approach if you need to review a statement or file an objection.
- Review the statement within the objection deadlines (deadline).
- Collect receipts, invoices and photos as evidence (record).
- Write a written objection and send it with proof of delivery (form).
- If necessary, file a lawsuit at the competent local court[3] (court).
FAQ
- 1. Can landlords charge administration costs to tenants?
- Generally, administration costs are not chargeable; check statements and the Operating Costs Regulation. Collect evidence and ask for a detailed breakdown.
- 2. How long do I have to challenge an operating costs statement?
- Review statements promptly. Statutory limitation periods and contractual deadlines may apply; respond within a few months and document your objection.
- 3. Which forms do I need for objection or lawsuit?
- A dated written objection with justification and evidence is usually sufficient. For lawsuits, file at the local court; templates and guidance are available from the relevant courts and the Federal Ministry of Justice.
How-To
- Read the statement fully and mark disputed items (deadline).
- Gather invoices, contracts and photos as evidence (record).
- Write a reasoned and signed objection with date (form).
- Send the objection by registered mail or other trackable method (move-out).
- If needed, consider court action at the competent local court (court).
Key takeaways
- Not all service charges are chargeable; check each item carefully.
- Documentation increases your chances when disputing charges.
- Observe deadlines and act promptly to protect your rights.
Help and Support / Resources
- Civil Code (BGB) §§ 535–580a
- Operating Costs Regulation (BetrKV)
- Federal Ministry of Justice – Courts and Jurisdiction
