Reduce Caretaker & Maintenance Costs for Tenants in Germany
As a tenant in Germany, you may face questions when receiving back-payments for caretaker and maintenance charges: are the items correct, what deadlines apply, and how can you reduce costs? This article explains step by step how to check a service charge statement, contest unclear or duplicate items, and which receipts you should collect. You will find practical wording for objections, tips on possible reductions and when taking a case to the local court (Amtsgericht) is advisable[3]. The goal is that you understand your rights, avoid unnecessary payments and meet deadlines. Concrete examples help with day-to-day application.
What are caretaker and maintenance costs?
Caretaker and maintenance costs are part of allocable operating costs if they are contractually agreed in the lease and comply with the Operating Costs Ordinance[2]. Under § 535 et seq. of the BGB the landlord is generally responsible for maintenance costs but may pass on certain operating costs proportionally[1]. The contract wording, the exact service description and transparent invoices are decisive.
What tenants should check
- Verify total costs and individual items; check hourly rates and flat fees.
- Request and file receipts and invoices chronologically; check billing periods.
- Check deadlines: respond promptly to back-payments and record sending and receipt dates.
- Submit objections in writing, provide reasons and send by registered mail or with proof of receipt.
Example: Drafting an objection
An objection should state the facts briefly, include concrete figures, refer to missing receipts and request correction within a deadline.
- Example: "I hereby object to the item 'caretaker flat rate' amounting to X EUR, as no invoices were provided."
- Attach receipts or formally request invoices in writing.
- Set a deadline, e.g. 14 days, for correction or provision of receipts.
How-To
- Check the statement against the lease and attached receipts.
- Draft a written objection with specific points and a deadline.
- Document all deadlines, shipments and incoming responses.
- If the landlord does not respond, consider court action at the local court and seek legal advice.
FAQ
- Can the landlord demand caretaker costs retroactively?
- Yes, if the costs are allocable and contractually agreed; check receipts and request a detailed statement.
- What deadlines apply for objections?
- Objections should be made immediately after receiving the statement; landlords often have 12 months for settling an accounting period, so act promptly.
- What if the landlord does not respond?
- Send a reminder, collect all evidence and consider filing a claim at the local court; court enforcement is possible if your objections are justified.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — gesetze-im-internet.de
- Operating Costs Ordinance (BetrKV) — gesetze-im-internet.de
- Information on courts and local courts — justiz.de