Reduce Non-Pass-Through Costs for Tenants in Germany

As a tenant in Germany, utility bill adjustments can lead to unexpected charges. This page explains in plain language which items in the statement are often non-pass-through, how to check receipts, and what steps can help reduce additional payments. You will find a practical checklist, deadline tips, and sample actions to take immediately. The guidance is written clearly; for complex or disputed cases, consider legal advice or contact the responsible local court.

What are non-pass-through items?

Non-pass-through items are costs that the landlord may not charge to tenants because they are not listed in the operating costs regulation, are not contractually agreed, or are private/administrative expenses. The legal basis can be found in the BGB and in the Operating Costs Ordinance.^[1][2]

How to check the utility bill

Go through the statement item by item: compare accounting periods, check whether individual items are agreed in the contract, and request receipts for aggregated entries. Document your review with notes, photos, and copies.

• Check administration fees for an explicit allocation clause (e.g., management or bookkeeping fees).
• Repairs that are maintenance (owner responsibility) are often not operating costs.
• One-off modernization costs should be examined — many modernization expenses are not immediately chargeable.
• Request receipts for aggregated totals that lack detailed breakdowns.
• Garage or parking fees are chargeable only if separately agreed.

Important deadlines

Review the statement immediately upon receipt and respond in writing promptly if you dispute items. For questions about deadlines and limitation periods, consult the statutory provisions.^[1]

Checklist: concrete steps for additional charges

• Check the date: record the date you received the statement.
• Request receipts for disputed items in writing.
• Draft an objection and send it by registered mail.
• Contact the landlord and ask for an explanation and time to resolve the issue.
• Secure evidence: copies, photos, bank statements and notes.

FAQ

Which items are typically not chargeable to tenants?

Typical non-pass-through items include private administrative costs of the landlord, maintenance, depreciation on investments, and fines. Check each item and request receipts.

How do I object to a statement?

Write a formal objection specifying the disputed items and request receipts. Send it by registered mail or with proof of delivery and document all communication.

Which court handles disputes?

Rental disputes are handled by the local court (Amtsgericht); appeals go to the regional court (Landgericht) and the Federal Court of Justice (BGH) for landmark legal questions.

How-To

1. Read the statement in full and document the date of receipt.
2. Request receipts for disputed items in writing.
3. Formulate an objection in writing and send it by registered mail.
4. Arrange a meeting with the landlord to clarify discrepancies.
5. If no agreement is reached, contact the local court or seek legal advice.

Help and Support / Resources

• Gesetze im Internet – BGB
• Gesetze im Internet – Betriebskostenverordnung (BetrKV)
• Bundesgerichtshof (BGH) – Decisions on tenancy law

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Betriebskostenverordnung (BetrKV)
3. [3] Gesetze im Internet – Heizkostenverordnung (HeizKV)