Respond on Time: Service Charges for Tenants in Germany

Many tenants in Germany receive annual statements or additional claims and are unsure how quickly they must respond. This text explains in plain language what a cost allocation calculation is, which deadlines for objections and additional payments are common, and how you as a tenant can respond formally. We show which documents you should collect, what role the Civil Code (BGB)^[1] and the Operating Costs Regulation (BetrKV)^[2] play and when going to the local court (Amtsgericht)^[3] can make sense. Practical examples and notes on official forms help you meet deadlines and avoid unnecessary costs. In the following sections you will find a step-by-step guide, FAQ and links to official sources.

What does cost allocation calculation mean for tenants?

A cost allocation calculation (often part of the operating costs statement) shows which ancillary costs the landlord allocates to the tenants. Check carefully: billing period, calculated amounts and distribution keys in the lease. Pay attention to whether the statement shows an additional claim or a credit.

First steps after receiving a statement

• Check the deadlines mentioned and the date the statement was received.
• Compare the stated amounts with previous statements and your lease agreement.
• Request a detailed copy of the documents or a breakdown if anything is unclear.
• Gather receipts, photos and correspondence as evidence.
• Consider legal action at the local court if the landlord does not cooperate.

Official forms and templates

As a tenant, several official forms may be relevant:

• Application for legal aid (Prozesskostenhilfe, PKH): Used when you cannot afford court costs and consider filing a lawsuit (e.g., to contest a charge). Example: You file a lawsuit against an additional claim and simultaneously apply for PKH for cost coverage review.
• Complaint at the local court (civil claim): If out-of-court inquiries fail, the complaint initiates a concrete claim. Example: You detail which items are unclear and ask the court to review the claim.

Legal review and sample responses

Before paying, review the statement carefully or have it reviewed. A simple written request for inspection of the documents often helps. If you object, state clearly which items you contest, why, and by what date you expect an answer.

FAQ

What can I do if the statement contains errors?

Request a detailed copy of the documents, mark the disputed items in writing and set a reasonable deadline for clarification.

Which deadlines apply for objections to an operating costs statement?

First check the date of receipt; additional claims for past billing periods are often time-limited. Contact the landlord early to preserve deadlines.

When is it sensible to file a lawsuit at the local court?

If the landlord does not provide documents despite requests or the additional claim appears unjustified, a lawsuit can bring judicial clarification.

How-To

1. Check the date: Note the receipt date and the deadline stated in the letter.
2. Collect documents: Prepare copies of all relevant receipts, previous statements and the lease.
3. Formal request: Ask in writing for copies of the documents and a breakdown of the allocations.
4. Seek advice: Contact a legal advice center or consider legal aid if necessary.
5. Court action: If necessary, file a complaint at the competent local court.

Help and Support / Resources

• Civil Code (BGB) — gesetze-im-internet.de
• Operating Costs Regulation (BetrKV) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Civil Code (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Operating Costs Regulation (BetrKV) — gesetze-im-internet.de
3. [3] Information on the Federal Court of Justice (BGH) — bundesgerichtshof.de