Reduce Service Charge Keys: Tenant Rights Germany

Tenants in Germany often wonder if and how the allocation key for service charges can be lowered, especially families with limited income. This article explains the relevant tenancy law in plain language, when a timely request makes sense and which documents you should collect. You will learn step by step how to check service charge statements, which forms and deadlines to observe, and which courts or authorities to contact. Practical examples show what an informal letter to the landlord can look like and when clarification before the local court becomes necessary. The aim is to give you clear options and reliable wording as a tenant.

What does lowering the allocation key mean?

The allocation key determines how service charges are distributed among tenants. A reduction can be justified if the original distribution no longer reflects actual consumption or usage relationships or if there are formal errors in the statement^[1].

When is an application worthwhile?

An application to lower the allocation key may be useful if families are disproportionately burdened or if meter readings, usage or area data are incorrect.

• If the statement repeatedly shows high additional payments for the same party.
• If meter readings or area data in the lease and the statement do not match.
• If communal costs were allocated incorrectly or as a flat rate to individual parties.
• If you as a family demonstrably benefit less from a service than other tenants.

Which documents should you collect?

Collect all relevant documents: lease, latest service charge statement, meter readings, photos, payment receipts and correspondence with the landlord. Documentation increases the chances of success.

• Lease showing the stated allocation key.
• Latest and previous service charge statements with line items.
• Meter readings, photos and communicated reading appointments.
• Payment receipts, transfer records and receipts.

Frequently Asked Questions

Can I as a tenant demand a reduction of the allocation key?

Yes. If the distribution is demonstrably incorrect, tenants can request in writing that the landlord review and, if necessary, change the allocation key^[1].

Which deadlines apply for objections to the statement?

Check the service charge statement immediately upon receipt and report objections promptly; statutory and contractual deadlines may apply, so review the statement details and respond within the specified timeframes^[2].

Which forms or templates can I use?

Often an informal written request to the landlord is sufficient. For complex cases, template letters or forms from the Federal Ministry of Justice can be helpful, for example for formal requests or challenges to a statement^[3].

How-To

1. Gather all documents: lease, statements, meter readings and payment proofs.
2. Check the line items of the service charge statement and calculate your actual share.
3. Write an informal letter to the landlord with a clear deadline for reply (e.g. 14 days).
4. If the landlord does not respond or refuses, send a formal letter with evidence and a deadline.
5. If no agreement is reached, consider filing a claim at the competent local court or seek legal advice.

Help and Support / Resources

• §§ 535–580a BGB – Civil Code (BGB)
• Service Charges Regulation (BetrKV)
• Federal Ministry of Justice (forms and templates)

1. [1] §§ 535–580a BGB – Bürgerliches Gesetzbuch
2. [2] Betriebskostenverordnung (BetrKV)
3. [3] Bundesministerium der Justiz (forms and templates)